What are the laws for Commercial Driver’s License (CDL) holders and marijuana use?
With the increasing societal acceptance of marijuana, including both medical and recreational marijuana legalization sweeping the country, it’s no surprise that marijuana use among CDL drivers is on the rise. Since THC from marijuana lingers in the body for many weeks after the last use, it’s one of the easiest substances to test for on a Commercial Driver’s License drug screening test.
Marijuana is still a Schedule 1 drug according to the US federal government, and since CDL drivers are regulated by the US Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA), the use of marijuana by Commercial Driver’s License holders remains prohibited. That means that CDL drivers who test positive for THC will face penalties that include anything from a suspension and drug treatment counseling, up to the loss of their job for a positive test result.
According to data from the US Department of Transportation, there were 40,433 positive screenings on CDL tests in 2020. Of those, 98% were for drugs, with just 2% for positive for alcohol. Cannabis is by far the most common drug on on these tests with about 52% showing a positive result for THC. This is a massive figure and represents a problem that the Department of Transportation is going to have a very difficult time keeping under control.
In fact, 91,000 of the 166,000 truckers who didn’t pass a drug screening in 2022 have not enrolled in the return to work process yet, indicating that they’re likely leaving the profession.
Many are starting to ask the question of whether the Department of Transportation / FMCSA should continue testing for cannabis on their drug tests. After all, these tests are screening for prior us, not cannabis impairment. With cannabis legal in so much of the country, and recent interest from the federal government in reclassifying the substance, this is a timely conversation.
What if marijuana is legal in your state?
The bottom line is that it doesn’t matter. As long as the substance remains in Schedule 1 according to the US federal government, Commercial Driver’s License holders will be precluded from using marijuana. A schedule 1 drug is defined as “drugs with no currently accepted medical use and a high potential for abuse.” according to the US Drug Enforcement Agency (DEA).
So, although dozens of states have legalized marijuana, the price of being a CDL driver is adherence to the US federal government’s rules. There is no permissibility for using the substance, even in states where it is legal. Larry Minor, Associate Administrator for Policy at the FMCSA summed it up with the following statement: “The basic line for CDL holders is that you can’t consume marijuana, even if certain jurisdictions allow it for recreational use.”
What if CDL holder has a medical marijuana prescription?
Unfortunately for commercial drivers who would benefit from medical marijuana, they’re not allowed to use the substance, even with a prescription from a medical doctor. There are no “allowable reasons” that a CDL driver can have THC in their body since the US federal government still doesn’t recognize the medical uses for marijuana (see Schedule 1 - “no currently accepted medical use”).
Obviously, there are a plethora of medical uses for marijuana, and so the substance is very clearly improperly scheduled. Maybe someday the federal government will catch up to the prevailing scientific consensus, but until then, CDL drivers need to steer clear of marijuana.
Can CDL drivers use CBD or hemp oil?
Since the tests that the US government uses for testing for marijuana use are very low specificity, cannabidiol (CBD) can also trigger a positive result. That is, according to the tests used to test CDL drivers for drug use, there is no difference between smoking marijuana and using CBD. The same goes for hemp oil.
In fact, the US Department of Transportation has issued a warning to Commercial Drivers about the use of CBD. The warning, available here, cautions drivers against using CBD products as they could cause failures of a routine drug test.
This is clearly a problem, though it doesn’t seem to be one that will be solved anytime soon. Until then, Commercial Driver’s License holders need to stay away from CBD.
Is it fair for CDL holders to be held to a different standard than other drivers when it comes to marijuana?
CDL holders are allowed to carry loads of over 26,001 pounds and more than 15 passengers, exclusive of the driver. These are serious responsibilities, so it likely does make sense that they are held to a higher standard for training, performance, and substance use than other drivers. However, prohibiting the use of a legal substance is a very challenging stance to take. It all comes down to the federal legal status of marijuana - if that was to change, the regulations for CDL drivers likely would too.
The use of marijuana is certainly not confined to CDL holders though. The AAA Foundation for Traffic Safety found that 14.8 million drivers reported driving while high on marijuana in the previous 30 days. You can read more in their report. It’s flat out dangerous to drive while high. Studies have repeatedly demonstrated that divided attention tasks and reaction times are particularly adversely impacted under the influence of THC. Driving commonly stresses both of these.
Therefore, CDL drivers should be tested for impairment. Simply testing for the presence of THC is a poor substitute, given the plethora of information on defeating urinalysis screenings, and the distinctly retroactive nature of these tests.
This is where Gaize comes in.
Gaize is a real-time impairment screening tool that allows for safe (off the clock) use, while allowing unsafe use to be detected before a safety incident has occurred. Learn more about Gaize by clicking below.
