In one of the principal laws of its kind, Maine has authorized standards that disallow the state’s bosses from terminating representatives or declining work candidates for testing positive for maryjane utilize. The laws, passed on by the state’s Department of Labor and slated to produce results in February, enable workers to document separation based claims should a business terminate representatives or dismiss candidates in light of the aftereffects of cannabis positive medication tests.
While Maine’s new laws feature a case of the developing fracture amongst government and state laws on the issue and the inquiries whirling around legitimate cannabis and representative medication screening, the issue is clear for bearers and drivers, says Tim Doyle, VP of the Maine Motor Transport Association. “We consider it to be direct and straightforward: You can’t utilize maryjane and drive a business engine vehicle — period,” says Doyle.
MMTA, an offshoot of the American Trucking Associations, as of late has handled inquiries from the two its part transporters and drivers working in the state, says Doyle, “on the grounds that the data is confounding.”
“Drivers do call and say, ‘Hello, I have a medicinal maryjane card,’ or ‘If it’s lawful would i be able to utilize and still drive?’ The appropriate response is no. You are as yet denied from utilizing weed.”
Maine is one of eight states across the nation to have opened its ways to the rising pot industry, enabling retail facades to offer cannabis items and state inhabitants to have and utilize them. Around 29 different states have authorized maryjane for restorative utilize. In any case, says Joe Rajkovacz of the Western States Trucking Association, government law expects drivers to breeze through a medication test, including screening negative for cannabis, to hold a CDL. “Government sedate testing laws trump what the states are doing,” he says. “The feds are the ones that set medication and liquor testing techniques, come back to-obligation hones — this all originates from the national government. Furthermore, it’s not only to truck. All methods of transportation — pipelines, vessel administrators, carriers — they all face a similar DOT-forced medication testing prerequisites.”
Western States speaks to bearers in four states — California, Oregon, Washington and Nevada — that have authorized pot. While Maine’s law restricting managers from making a move against specialists and occupation candidates is remarkable at the state level, urban communities in California likewise have been making pushes toward that end, says Rajkovacz. “San Fransicsco, specifically, doesn’t permit arbitrary medication testing of representatives. All things considered, for trucking, none of that stuff matters — what the states do, what these urban communities do. See, you can party. You can do what you need. You can’t drive a truck. It’s that straightforward.”
The U.S. Spot issued a reminder in 2012 expressing that maryjane utilize stayed beyond reach for truck administrators, following choices in California and Washington that authorized cannabis inside and out. Reacting to questions from Overdrive in November 2016 (after fruitful legitimization votes in more states) and again this month, the DOT says its position hasn’t changed. Any progressions to government sedate testing arrangement for truck drivers would need to begin with the White House’s Office of National Drug Control Policy, the DOT said.
Even drivers operating exclusively intrastate within states that have legalized marijuana are still subject to federal drug screening requirements, including random drug tests, says Rajkovacz. “The feds dictate to the states that [drivers] must do this to drive a commercial vehicle. It’s a federal requirement to operate a vehicle above 26,000 pounds — you have to be in a drug testing program.”
Doyle acknowledges it’s an issue that’s “going to be discussed for the next several years,” and that “trucking’s position is we’ll follow what happens nationally and follow federal rules.”