WASHINGTON — Some truck drivers are urging the Biden administration to approve reclassifying marijuana to a Schedule III drug, but employers that fear safety would decline and put trucking companies at risk are pushing back.
Only a fraction of the more than 20,000 comments filed so far in the rulemaking, published in May by the U.S. Department of Justice’s Drug Enforcement Administration, are from truck drivers. (The comment period ends July 22.) But so far, they overwhelmingly — and anonymously — favor reclassification.
“As a truck driver in the United States I would like to be able to use marijuana on my time off just the same as any driver can come home and drink alcohol on their time off,” stated one commenter.
“I believe it is unfair that I can lose my job and my license if I have used marijuana and a month later I can still lose my job if I come out ‘dirty’ in a random drug test. The statistics are there and proven that alcohol is the leading cause of death in car accidents compared to nearly zero percent with marijuana.”
Another driver commented: “We can go have drinks after we get done from a long day (partaking in something that is known to cause death and serious injuries when incoherent) but we can’t smoke something that has medical benefits, something that will help truckers sleep better at night, deal with pain from being behind the wheel and [from] basic physical activity from the job, and deal with stress anxiety of the job and being away from home.”
A CDL holder who claimed to also be a driver trainer said safety concerns raised by the American Trucking Associations, including the risk that impaired truck drivers operating undetected on the nation’s roadways would increase, are valid.
However, “de-scheduling would not be equal to it being ok for drivers to use cannabis while actively working,” the commenter said. “I would expect my drivers to not drink alcohol at work, take NyQuil before a shift or a prescription that would interfere with driving, or get behind the wheel with lack of sleep — and the same would apply to those who take cannabis.”
The U.S. Department of Health and Human Services recommended reclassifying marijuana – currently a Schedule 1 substance along with LSD and heroin – to DOJ last year, after HHS determined that marijuana has a “relatively lower level of abuse compared to drugs currently scheduled in Schedules I and II and its evaluation that marijuana may lead to moderate or low physical dependence and has a low likelihood of psychic dependence.”
However, ATA pointed out that current DOT drug and alcohol testing requirements are limited in their testing authority by HHS, which allows regulated employers to test only for those drugs listed in Schedule I or II.
Therefore, without providing an exception for truck-driver testing, rescheduling the drug without could lead to more highway deaths, according to ATA – particularly given that close to 60% of all positive employer drug tests were pegged to marijuana, based on recent federal data.
Regulatory carve-out needed?
Janet Kornmann, owner of KorManagement Services LLC, a drug and alcohol screening consultancy, agrees with ATA that there should be a “safety carve out” to allow HHS to continue to test for marijuana for those working in certain industries, such as trucking.
“These safety-sensitive employees have been subject to testing for marijuana and other drugs since shortly after catastrophic accidents caused by marijuana use occurred in the mid- and late-1980s,” Kornmann stated in comments filed in the rulemaking.
“My concern is that if marijuana rescheduled as a Schedule 3 drug … it will give [those who use it] the false pretense that the drug is okay to use anywhere anytime. If that person works in a safety-sensitive position where they can harm themselves, other employees or the public this may become an issue as this drug does affect response time and critical thinking.”
James Storey
I’ve smoked pot for over 40 years and have been a professional driver over for almost 39 years no chargeable accidents and up until Jan of this year smoked every day.i never failed a drug test and have used the synthetic urine until the nurse poured mine out at which time I refused to give a sample which now I’m in the SAP program my company kept me on because of my excellent driving record and I’m dependable I was diagnosed with RA over two years ago and cannabis made it bearable now that I can no longer smoke I am on several pills a d will start infusion next month to help me deal with the pain that cannabis took away I may have to retire from the profession that has served me well because of the stupid rules not allowing me to use cannabis.like I said I’ve driven OTR almost 39 years with no chargeable accidents and can count the late loads on one hand and will or would put my stoned skills up against anyone anytime but thanks to the fmcsa testing for Marijuana it would benefit me and I’m sure countless other people of they just stopped testing for it all together
Ronald
I feel like we are going the wrong direction with far too many people wanting to smoke weed instead of curing a medical problem. DO NOT SAY ALL TRUCK DRIVERS want this because I don’t. It is foreign people and old hippies. Not me
Cory Sims
This was a great piece! I’m a truck driver and have been saying the EXACT same thing as the gentlemen quoted in the article. There is absolutely no reason why I shouldn’t be able to smoke marijuana, AFTER a long days work. I don’t like alcohol and never will. I can be responsible and not smoke at all for my responsibility behind the wheel, but I can’t refrain from smoking while operating a motor vehicle? Doesn’t make any sense what so ever. Yet, so many co workers of mine can’t wait until the days end, to drink! Smh
Corey
I think rescheduling would keep some people off the harder drugs. I personally know people who chose to do harder ones just because not only does it gets out of their system faster, but some of them can be played off as a prescription drug like Adderall and opioids. Right now if you smoke a “J” on vacation you can still loose your job 30-45 days later. For instance I am a truck driver and I had to repay 3500 of unemployment due to a not at fault accident that put me out of work. That “not at fault” quickly became “at fault” when I failed a post accident drug test. All because I smoked a J 29days earlier in Colorado at a class reunion/ vacation. Marijuana is not even for me however it quickly became a huge part of my life after all that. I got hurt, had medical bills, lost my job, my car, my girlfriend and had to repay all the unemployment money. Not to mention trying to find a job after that. I’m sure people have have been affected by the bogus laws and testing policies.
Casper Kudiabor
It’s very very sad you guys are taking about drugs instead off the big problems facing owner operator freight price going down and down. I wished we can find our way to meet the president and let him know the hard times we’re going through, freight price, Repaire, fuel cost, insurance, other bill to run trucking Company
Jerry
In Canada they have a oral 24hr swab test to detect cannabis use. If a driver fails a urine drug test with cannabis detected, a 24hr swab test is giving right there. The cut off for thc in urine is 20 nanograms. If you smoke 2-3 times in a row in a 4-6day period you’ll breach that 20ng threshold. The US should be looking at this. Works great up here and is fair. Cbd pil users ect won’t fail using this system.
Jerry
In Canada they have a oral 24hr swab test to detect cannabis use. The US should be looking at this.
Tom M
I sorta echo Victor’s thoughts. As the article says, ‘the drug affects response time and critical thinking’ which it sure does! I am not aware of a sobriety test for pot. Overall, I understand that a week after using, there is likely little to no residual effect. The day after is another story! Btw, ‘smoking’ does one’s lungs no favors, ask me how I know! So. Plus, the term from my youth ‘Stoner Burnout’ often applied to pot-heads, it evolved for a reason?