DOT: Despite state measures, marijuana still illegal for drivers

| December 04, 2012

Marijuana will remain an unauthorized drug for both recreational and medical purposes for truck drivers under the U.S. Department of Transportation’s Drug and Alcohol Testing Regulation, said a DOT official Monday.

Jim Swart, the DOT’s director of the Office of Drug and Alcohol Policy and Compliance, said in a written announcement Monday, Dec. 3, that he’s been asked multiple times about whether recent initiatives by Colorado and Washington to legalize the recreational use of marijuana have impacted the DOT’s regulations, and in the announcement, Swart says that DOT regulations prohibit all uses of marijuana, including medical, and that state initiatives will have “no bearing” on the DOT’s drug testing program.

DOT Medical Review Officers “will not verify a drug test as negative based upon learning that the employee used ‘recreational marijuana’ when states have passed” such measures, Swart says in the announcement. Moreover, officers “will not verify a drug test negative based upon information that a physician recommended that the employee use ‘medical marijuana’ when states have passed” those measures, either.

“It remains unacceptable for any safety-sensitive employee subject to dug testing under the Department of Transportation’s drug testing regulations to use marijuana,” the announcement concludes.

Read Swart’s announcement here.

Click here to see driver reaction to the the ballot results in Colorado and Washington in the days following the election. 

  • Pingback: DOT still prohibits marijuana for rec, medical uses | Commercial Carrier Journal

  • ilovdieselsmoke

    gonna be a lot of law suits over this since even if not smoked it will be picked up in hair test along with other test just by being around anyone legally using the drug in these states. don’t smoke it but i find this is a lot of baloney by the dot if they think nothing will change in trucking with it being legalized. your not going to be able to hold everyone else in different occupations to different standards after the cat is outa the bag…

  • DEBIEVE

    iT’S ALWAYS DOUBLE STANDARDS IN THIS COUNTRY! TAKE OFF ALL SMOKING COMMERCIALS THEN PROMOTE THE ALCOHOL ONES ..DRINKING AND DRIVING WAY WORSE THAN SMOKING AND DRIVING..MAKES NO SENSE TO ME..IF DRUGI TESTING IS AGAINST CONGRESS AMENDMENT RIGHTS WHY IS IT NOT AGAINST THE REST OF US TOO..HYPOCRITICAL IF YOU ASK ME THEN AGAIN I’M JUST CLASSIFIED AS AN UNSKILLED LABORER..WHICH IS HIGHLY UNOFFENSIVE TO ME..JUST SAYING…

  • ilovdieselsmoke

    Maybe the FMCSA’s time would be better spent chasing down all the illegals behind the wheel nationwide. The truck stops are beginning to look more like camp grounds for day labor…Oh sorry, that’s not politically correct!

  • Gravy

    I dont use or smoke marijuana but i think this will affect the trucking industry in which I work more than I realize. My vote though would be that we forget about this and legalize trucks to smoke diesel once again in the state of California, Colorado, and Washington and also New York.

  • http://www.facebook.com/people/Kathleen-Chippi/633108997 Kathleen Chippi

    A64 in Colorado is very clear about driving remaining illegal in section 6 b.

    And A64 does not legalize pot for anyone, anyway–it only decriminalizes possession of one ounce or less for people over 21–USE is still illegal for everyone under state law.

    And that’s what you get when out of state 1%er’s come in and fraudulently market that they will be ending marijuana prohibition, when their language does not even remove ONE jail-able offense from the state laws books.

    The entire thing in CO and WA is a set up–tell people pot is legal when it’s not (unfortunately no one reads the actual language), the people then behave as if it’s legal and then the people get arrested, lose their drivers licenses, lose their occupational licenses, lose their jobs, lose their insurance, lose their child custody, lose their guns, lose their student loans, lose their gov aid and maybe even lose their freedom–as in CO, 12 ounces or more marijuana (all parts of the plant dead or alive included) will remain a 1-3 year felony.

    When MPP, DPA, NORML, Sensible, or Safer come to your state with “pro pot” money and language–do not left them screw you and your communities. Speak out and stop passing bad marijuana laws as they only continue for profit prohibition.

  • HeavyHauler

    Does Mr.Jaillet have some subconcious oversion to drugs? It’s interesting to me that the redundant typo would be the word drug. Perhaps Overdrive’s staff has the lattitude to partake of alternative treatments while the rest of us live under the iron hammer of the conservative machine.

  • http://www.facebook.com/channel19todd Todd Dills

    Thanks for the correction, HeavyHauler. As for the rest, hah! The majority of us live in Alabama, so, well, no.

  • http://www.facebook.com/oxim.serafim Oxim Serafim

    should be mandatory to USE after driving to relieve stress…
    DOT scale would have ganja smoking area…
    We’d all drive slower, safer… Smiling… We’d be better people… Alas, perhaps in year 2029…

  • http://www.facebook.com/oxim.serafim Oxim Serafim

    … and perhaps we’ll even make that delivery on time, once in a blue moon…

  • Newera Drugtesting

    What a cool blog, so happy I found it. I’ll
    definitely tell my buddies about this blog & I’ll revisit soon.
    http://www.neweradrugtesting.com/

  • Linda Perkins

    I think this must be left as illegal rather than make this legal and face all the risks. This is a very sensitive issue since lives are at stake with every mistake and carelessness made. Thanks!

    -http://www.faadrug.com/

  • Pingback: DOT: Despite State Measures, Marijuana Still Illegal for Drivers | Commercial Truck Insurance | Benton & Parker

OverdriveOnline.com strives to maintain an open forum for reader opinions. Click here to read our comment policy.