You may think that when someone has a medical cannabis card, they are able to use cannabis however their medical practitioner sees fit.
However, this is not always the case! Depending on someone’s employment and place of work, they may not be able to use cannabis, even if they were to obtain a medical cannabis card.
Specifically, we’ll be looking at semi-truck drivers, or drivers with a commercial driver’s license. Due to the safety and responsibility of their work, these drivers face strict restrictions that make using medical cannabis a complex issue. We’ll dive in and investigate!
What is a Medical Cannabis Card?
First, what is a medical cannabis card? A medical cannabis card allows you to legally utilize cannabis to aid with physical and mental health conditions, including seizures, insomnia, anxiety, and more.
To get a medical cannabis card, you apply through a medical practitioner, pay fees, and then receive your card online or in the mail. The specific timelines and requirements around obtaining a medical cannabis card vary by state.
Once you have a medical cannabis card, you can legally utilize cannabis for your conditions, with specific limitations and boundaries. A medical cannabis card can be an extremely helpful and even necessary tool for some people to deal with their health conditions while adhering to the law.
Restrictions on Drivers
So, can licensed semi-truck drivers use medical cannabis if they have a medical cannabis card? Generally speaking, the answer is no.
The Department of Transportation governs truck drivers with a CDL (commercial driver’s license), so federal rules apply—even in states where medical cannabis is legal.. Fundamental explains, “Under 49 CFR Part 40, the DOT does not allow the use of marijuana, and will not accept physician recommendations as an exception to this rule. This means you can lose your CDL even if medical marijuana is legal with a prescription in your state.”
In other words, the DOT does not allow any cannabis use on the job, even with a medical card. The Federal Motor Carrier Safety Administration (FMCSA) also has a zero-tolerance policy for cannabis use.
What are the punishments for cannabis use?
So, what happens if commercial truck drivers are found to be using cannabis? According to the Turbo Team, “The repercussions for CDL drivers who use marijuana, even for medical purposes, can be severe. These may include:
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- Disqualification from operating a commercial motor vehicle
- Suspension or revocation of the CDL
- Mandatory substance abuse evaluation and treatment
- Fines and potential criminal charges
- Loss of employment and difficulty finding future work in the trucking industry.”
Therefore, the consequence for a truck driver using marijuana can very well be losing their job.
READ: Commercial Drivers Are Embracing Cannabis Despite Risking Termination
Do Truck Drivers Get Drug Tested?
But, how would their employers find out? The answer is drug testing.
The Department of Transportation explains, “Medical Review Officers will not verify a drug test as negative based upon information that a physician recommended that the employee use “medical marijuana.” Please note that marijuana remains a drug listed in Schedule I of the Controlled Substances Act. It remains unacceptable for any safety‐sensitive employee subject to drug testing under the Department of Transportation’s drug testing regulations to use marijuana.”
This means that if an employee tests positive in a drug test, their possession of a medical marijuana card does not make the test negative, or mean that they will not face repercussions.
Drug tests disqualify truck drivers if they detect any THC in the system, even if the driver wasn’t using cannabis while working. Employers may test drivers at any time, as no set schedule or rule governs the frequency of testing. Beyond getting tested when they get their Commercial Learner’s Permit, drivers can also expect to be tested as a pre-employment screening, after an accident, during routine physical exams, and, maybe most importantly, at any random time that their company decides.
Final Thoughts
Unfortunately, for those who work or want to work as commercial truck drivers, utilizing a medical marijuana card is not much of a possibility. Even if you have a medical marijuana card and your cannabis use is completely legal within your state, the laws set by the federal government and the Department of Transportation make it illegal.
Though it is not illegal for a truck driver to hold a medical marijuana card, if they utilize it to consume cannabis and are found with or test positive for THC, they could be fired.
This is unfortunate for those who want to work as commercial truck drivers while using medical marijuana, and it may mean that, at least for the time being, it is not a sustainable career for them.
