The rise of drug use across the United States is an undeniable societal challenge, impacting various sectors, including the trucking industry. Attorneys representing plaintiffs injured in commercial accidents or representing motor carriers must be well-versed in the complexities surrounding drug testing regulations. The trucking industry's relationship with substance use, immortalized in 1970s pop culture (Six Days on the Road by Dave Dudley has the line "popping little white pills, my eyes are open wide"), has evolved significantly. Yet, modern issues, especially concerning marijuana legalization and its implications, present new challenges for both carriers and attorneys.
The Shifting Legal Landscape of Marijuana
As of today, marijuana and its derivatives have been legalized, approved for medical use, or decriminalized in 38 states, with more expected to follow. Additionally, there have been efforts in Congress to remove federal prohibitions. This changing landscape has led to a cultural shift in the acceptance of marijuana use, raising important legal and employment considerations. While harder drugs remain more taboo, marijuana's status, particularly its medicinal use, is often compared to alcohol—a substance widely accepted in both social and professional settings.
Currently, this comparison does not hold in federally regulated industries, such as trucking. Marijuana remains a Schedule I controlled substance under federal law, making its use illegal for those in safety-sensitive positions, including commercial drivers. Even if the current Administration is successful in removing it from Schedule I, its use will still remain prohibited for all commercial drivers. For attorneys representing injured plaintiffs or trucking companies, understanding these regulations is crucial when considering compliance issues that may or may not be part of a legal case.
DOT Drug Testing Requirements
The Department of Transportation (DOT) imposes strict drug and alcohol testing requirements on Commercial Driver's License (CDL) holders operating vehicles within the United States, including those from Canada and Mexico. These testing protocols include pre-employment, random, post-accident, and reasonable suspicion testing. Employers must also query the Federal Motor Carrier Safety Administration (FMCSA) Drug and Alcohol Clearinghouse before hiring and annually thereafter to ensure that drivers do not have unresolved violations that would disqualify them from operating commercial vehicles.
Furthermore, employers are obligated to report any positive, diluted, altered, or refusal-to-test results within 24 hours of receipt. This measure is designed to prevent drivers with drug violations from avoiding detection by moving between employers. State licensing agencies are now also required to query the Clearinghouse and suspend CDL privileges for drivers with prohibited statuses.
The Impact of Marijuana Legalization on CDL Holders
For attorneys, it is important to understand the nuances of how marijuana legalization affects the trucking industry. Despite state-level legalization, CDL holders are still federally prohibited from using marijuana in any form, regardless of state laws or medical prescriptions. The misconception that a medical marijuana prescription legitimizes its use under federal regulations is widespread and can lead to unintended violations.
Furthermore, over-the-counter products containing THC, such as pain creams, present additional risks. The FDA does not regulate these products to the same extent as other drugs, meaning that their THC content may vary. Even minimal amounts of THC can lead to a positive drug test result, posing significant risks for CDL holders and their employers. Given the individual variability in how THC is metabolized, a driver can test positive without being impaired at the time of testing.
Implications for Employers
There are legal implications of discovering that a driver has used a prohibited substance, including marijuana. Even in cases where a drug test is not administered, employers are legally required to take action if they have actual knowledge of drug use, whether through a DUI charge, direct observation, or other means. Failure to act appropriately can result in severe consequences, particularly in the event of an accident, regardless of whether the driver was at fault.
Also, although drug testing is not required by regulation for interstate drivers of non-CDL commercial vehicles (Gross Vehicle Weight Rating 10,001 thru 26,000 pounds), they are specifically prohibited from using Marijuana (and all other drugs same as CDL drivers). Furthermore, an employer still has a regulatory duty to ensure their drivers are drug and alcohol-free.
Are Drugs & Alcohol an Aspect of Your Case?
Drug and alcohol testing in the trucking industry is a complex and critical issue, particularly in light of evolving societal norms and legal frameworks surrounding substances like marijuana. A thorough understanding of DOT regulations and their implications is essential for attorneys advising motor carriers or those who they injure. Employers must ensure that drug and alcohol testing requirements are met and understand that a driver hired despite a previous positive test may increase the employer's liability in the case of an accident. Is drug or alcohol testing an aspect of your case? Reach out today for a consultation with one of our commercial transportation experts.
