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.”
Thomas J Stiles
The problem is simply this, we as drivers are held to a higher standard but treated like we are at the bottom of society. When places refuse services to us because we drive trucks but we are denied to call it discrimination. They don’t teach new drivers a thi g about this business but blame ALL OF US because of their lack to operate safety. Now, you want to fuel the fire and give them the means to subjugate us even farther. Yes, I have pain. Broken back knee and skull but I’m not running off to do my drugs. I made a choice, feel great high or drive responsible. I have neighbors who smoke and blow it into my house. Where’s my right NOT TO PARTICIPATE??? Do the job right or leave.
Tony
These same people are the same people who advocate for BIG Pharma.What people do on the weekend when they are off work when it comes to Marijuana is not your business.This is holdover nonsense from Ronald Regan era. The guy who made secret deals with Iran an hide behind Ollie North.Not to mention drafted by Crooked Joe Biden Get over it the people or majority are in favor of complete legalization.An it will happen.Then it can be regulated properly. Only a matter of time.Worry about the fentanyl an Cartels not this same old tired argument.
Sarah
Husband is a trucker and i ride with him full-time. The trucking industry is very safety-sensitive in nature. I don’t want to be on the road with someone that is in control of an 80,000lb rig that has marijuana in their system.
Would you want a doctor (another safety-sensitive job) to work on your family member if they had partook in marijuana?
Truck drivers have a lot to focus on and shouldn’t be aloud to be behind the wheel if they have ANYTHING in there system that could slow reaction times. I get told that it doesn’t slow reaction times, but that is NOT true. People use marijuana to help them sleep. So that mean your NOT focused on the road.
NO marijuana for Safety-Sensitive jobs like Truck driving!!
Brad
If someone smokes or ingested some THC on a Friday night, they would be fine for work Monday morning.
James Graffa
I’m a trucker of thirty years that is in favor of pot if your not a truck driver. You cannot drive down any road anywhere in our country without seeing other truckers, Our peers, swerving all over the road. Mostly watching videos or doing anything other than paying attention to the road. You talk about 24 hr testing. When? I’m generally home on weekends. Alot of drivers are out weeks or months at a time. If you make it legal people will already have died before any test has happened. Then it’s too late. I’ve got a ruptured disk in my neck. A bad left shoulder and a bad hip. The pain is constant. 1600 mg of advil a day which is probably killing my kidneys. I would love to be able to stop the pain at the end of my eleven. Unfortunately you can’t trust OUR drivers with a phone or a tablet. You definitely can’t trust the percentage with weed. Try working on phones and tablets that won’t do videos while the vehicle is in motion before adding a “SUPER RELAXANT” to a 80,000# vehicle at high speeds on congested roadways with a public that has NO KNOWLEDGE of commercial vehicles, NO REGARD for their own safty let alone the commercial drivers safty into the equation. Half the commercial drivers out here that don’t do drugs or alcohol at all should be banned from driving any vehicle at all as well as most of the public. Get more unmarked vehicles that are not just looking at speed but looking at ALL unsafe driving from ALL. Commercial and the public and get them educated or off the road all together. Stop talking about more regulations like hours of service and start BUILDING more truck parking. Especially if your going to FLOOD OUR ROADS with drivers under the false narrative of a driver shortage that can’t even read the signs on the road. Definitely work on the rates. Everyone wants everything for free. It’s amazing to me that the lawmakers want their clothes,and food, and building material, and everything that is delivered on a truck which is EVERYTHING only to tell us to do it for less. Don’t drive in this lane. You CAN’T PARK HERE BUT YOUR OUT OF HOURS. We are true public servants making sacrifices away from our families and homes to deliver every imaginable thing to a ungrateful public with lawmakers that are dumber than a bag of hair. DO NOT ADD TO THE DANGER BY LEGALIZING WEED. I’ll smoke when I’m retired if I don’t stroke out from this industry before then.
Tom Oswald
As a former driver since ’83 and a Safety Director since ’08, I cringe each and every time I send guys for a random. I don’t agree with 99% of what this administration is doing and Mayor Pete has no business being the Transportation Secretary (just because he checks a box).
But the only thing that is fair is like the alcohol test, if they have used within 8hrs, nail them. If they have it in the truck with them, nail them. Other than that – leave the poor guys along. If there is a test/swab good for the last 24hrs, go get it! Hair tests should be outlawed, any driver terminated
should file a lawsuit for fourth amendment violations. These guys are under paid, over workworked, under appreciated and over regulated folks in any industry in any corner of this country. This industry is in self destruction mode, you think a cop, lawyer, VPOTUS, Judge, SAP counselor, Gay Transportation Secretary or Truck Owner don’t smoke pot? Think again hypocrites. They just don’t do it on the job, can’t say we’re low on drivers yet regulating the good ones out the door. Wake up!!
Chris Kidder
Weed vs. alcohol are two different animals.
Neither are good answers to deal with sleep issues or stress.
You’re being deceived if you think weed isn’t wrong, and that very thought proves that it clouds the mind’s judgements. Reaction time slows then accidents happen. 4 hrs may be long enough for the concept of alcohol, for a healthy mind and body.
But THC sticks like glue to receptors and builds up. It’s 10W vs. Lucas.
God forbid you’re coming at anyone at 60 on a two lane half ass nodding, with the roads as bad as they are. You’re either gonna be a trucker dope free, or a liability.
Christopher Burlile
I have been driving truck since 1980. Truck driving is a profession that keeps this country moving without trucks we have nothing but we also need safety for ourselves and for the public. So my thoughts on this if drivers want to do marijuana then they should find then another career. More than I don’t public highways sitting in truck stops and that major shipping companies and receiving companies where we have the right to work under safety work regulations