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Can CDL Drivers Have a Medical Marijuana Card?
With many states legalizing or advocating for the legalization of both medical and recreational marijuana, more people have questions about the various regulations that are in place for each state. In this article, we discuss the regulations put in place by the U.S. Department of Transportation (DOT) as they relate to the commercial driver’s license (CDL) laws in the state of Florida.
Medical Marijuana (MMJ) is used to treat a number of qualifying conditions. Those explicitly defined in Florida’s medical marijuana law are cancer, epilepsy, glaucoma, HIV, AIDS, seizures, Crohn’s disease, chronic muscle spasms, PTSD, ALS, Parkinson’s disease, and multiple sclerosis. (The expanded list of qualifying conditions may be found at docmj.com.) Find out if you pre-qualify for a recommendation in just two steps! First, take our eligibility survey. Once qualified for an in-person exam, you’ll receive scheduling instructions for a visit to one of our Florida Medical Marijuana Doctors. Completing the survey takes only 5 minutes. Find out if you pre-qualify for a medical marijuana recommendation today!
Why Would A CDL Driver Need an MMJ Card?
To drive any of the three classes of commercial motor vehicles (CMVs), one must possess a commercial driver’s license (CDL). In some states a CDL is also needed to operate vehicles like a limousine, bus, or van for hire. The demand for drivers is high because many have gone on to find other careers. This is because it is difficult for them to maintain a healthy lifestyle while sitting for long periods of time and eating generally unhealthy restaurant foods. Those that continue their driving career spend weeks on the road and may develop problems such as obesity, high blood pressure, and diabetes. Many truck drivers use medical marijuana to treat qualified conditions such as anxiety from PTSD, insomnia, or chronic pain.1
DOT Prohibits Marijuana Use
With the Federal Drug Administration (FDA) still controlling marijuana laws at the federal level, there can seem to be a blurred line between federal law and state regulations. Things can be especially confusing for truck drivers whose job it is to transport legal marijuana products across state lines, or who hold a marijuana card while also possessing a commercial driver’s license.
The legalization of medical marijuana in Florida has meant the trucking industry has seen greater opportunities for transporting marijuana products, but it has also created challenges around drug testing drivers in commercial driving schools and trucking companies. This is because federally, marijuana “is still considered to be a Schedule I narcotic, which means that it is illegal to consume, sell, or possess in the U.S.”1 Additionally, the DOT strictly prohibits marijuana use by employees considered “safety sensitive,” even if it is legal in the state where they live. For example, a truck driver from Florida who uses marijuana legally in Colorado (a recreational state) could lose their job.
“The DOT says holding an MMJ card is not a valid medical explanation if a transportation employee tests positive for any prohibited drug.”2 This has been the case since 1986 when the federal government implemented the Commercial Motor Vehicle Safety Act. In conjunction, the United States Federal Motor Carrier Safety Administration sets the policy for drug testing which must be followed by truck drivers and trucking companies alike.2 Regarding the process by which Medical Review Officers (MROs) evaluate the drug testing of CDL drivers, The Department of Transportation’s Drug and Alcohol Testing Regulation – 49 CFR Part 40 at 40.151(e) explicitly states:
- 40.151 What are MROs prohibited from doing as part of the verification process? As an MRO, you
are prohibited from doing the following as part of the verification process: (e) You must not verify a test negative based on information that a physician recommended that the employee use a drug listed in Schedule I of the Controlled Substances Act. (e.g., under a state law that purports to authorize such recommendations, such as the “medical marijuana” laws that some states have adopted.)3
CDLs and MMJ Don’t Mix
Trucking companies are required to administer drug testing to new employees before they are hired, at random during their employment, and immediately following any accidents. While anyone can apply for a medical marijuana recommendation, and CDL drivers can technically and legally obtain one, that card is ultimately useless for truck drivers in Florida (and all other states except Rhode Island) who don’t want to eventually find themselves terminated from their position.4
Is Medical Marijuana Right for Me?
Whether medical marijuana will help your condition depends on many factors best evaluated by a medical doctor. If you feel you may benefit from medical marijuana, the first step is to take our eligibility survey. In just 5 minutes, you could pre-qualify for a Florida medical marijuana recommendation. A Florida Marijuana Marijuana Doctor can then determine if you qualify during an in-person exam. For more information, visit https://docmj.com.
- https://www.marijuanabreak.com/medical-cannabis-card-cdl
- https://usamdt.com/compliance/legalized-marijuana-florida-trucking/
- https://www.transportation.gov/sites/dot.gov/files/images/ODAPC%20Medical%20Marijuana%20Notice.pdf
- https://theweedblog.com/ending-marijuana-prohibition/can-you-have-a-cdl-and-a-medical-marijuana-card
The “silver lining” (if you want to call it that): Sooner than later, it will have to become federally legal. Hopefully this stupid law will change, as well. It is *SO F’IN DUMB* that CDL holders can punch out and drink themselves into a fatal accident, but can’t use a plant that has significantly less impairment and might actually have medicinal benefits.
Completely agree, makes no sense, if anything truck drivers might need this the most , it is not a easy lifestyle and the pay most of the times is not great , It should be treated like alcohol you can’t drink and drive , and smoke and drive , must be out your system before driving. We need to fight this law Change needs to happen
Now the industry wants to do hair testing this is getting more ridiculous all the time if they would take marijuana off a scheduled one and treat it the way it should be treated instead of equal to the heroin there’d be a lot less problems if a truck driver has THC in his system he’s automatically considered to be stoned even though he may have smoked a week earlier they need to start changing the laws otherwise the truck drivers will just shut down and go work somebody else and they can find somebody else to deliver their fright
absolutely right.
Your absolutley right
I lost a 6 figure job of 19 years in Feb of 2020 due to a “he said/she said thing” basically, I held someone accountable, the person teamed up with another indivdual and submitted a ticket to our ethics team that I said something I shouldn’t have and accused me of something very repulsive in today’s climate.
Mind you, I had proof of the accountability I did on this person, they admitted what they did to deserve it, I actually had no choice to hold them accountable, it affected a customers transaction.
Since it was 2 against 1, and was a zero tolerance policy. I was backed against the wall.
I thought I could bounce back and find a job with my job history, but then COVID hit. No one was hiring.
I am still not able to find anything, luckily I had some money saved, to allow me to continue to look for something.
The impact of loosing a job that I spent 19 years building and putting in 60+ hours a week, giving up vacations, etc, put me in depression.
Medicine didn’t help.
I got my Medical Marijuana Card. It actually has helped. Gave me ability to not feel like a POS again. I stopped being in a depressed state.
Today I had to take a drug test for a job that was DOT regulated. I thought it was going to be a mouth swab test, it was not.
I failed.
The lab even took a copy of my Oklahoma Medical card. They said had it not been a DOT job I would have been protected. The employer was nice about it and actually told me to come back in a couple weeks.
But your right. The Fed law has to change.
Now I’m back to my search. I’m gonna obviously try my best to be able to resist not using until I land a job but it will be hard to cope.
AMEN
The thing is that when one uses marijuana consistently, the level of THC remains or increases unless you stop smoking which means it will take time for it to completely dissipate from your urine. And even that will take at most 30 days depending on use. Are we not to drive for 30 days?Impossible! THC level must be capped at a high cut-off like alcohol in order to operate a vehicle. DOT limit now is
50 ng/ml. Make it 200 ng/ml. One who smokes will always have THC to a certain degree level in their system. DOT by default tests only up to 50 ng/ml which can only mean that anything under this cut-off level say, 49 ng/ml is legal. I dont know but that means you smoke occasionally. Smh. Makes no fucking sense. They allow it by default already.