Reviewing Drug Testing Requirements as State Laws Highly Conflict with Federal Regulations

Reviewing Drug Testing Requirements as State Laws Highly Conflict with Federal Regulations
Reviewing Drug Testing Requirements as State Laws Highly Conflict with Federal Regulations
The laws, passed on by the state’s Department of Labor and slated to produce results in February, enable representatives to record segregation based claims should a business terminate workers or dismiss candidates in view of the consequences of pot positive medication tests.
While Maine’s new laws feature a case of the developing fracture amongst government and state laws on the issue and inquiries regarding worker tranquilize 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 basic: You can’t utilize maryjane and drive a business engine vehicle — period,” says Doyle.
MMTA, a subsidiary of the American Trucking Associations, lately has handled inquiries from the two its part bearers 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 restorative weed card,’ or ‘If it’s legitimate would i be able to utilize and still drive?’ The appropriate response is no. You are as yet disallowed from utilizing weed.”
Maine is one of eight states across the country that have opened its ways to the developing weed industry, enabling retail facades to offer cannabis items and state occupants to have and utilize them. Somewhere in the range of 29 different states have authorized pot for therapeutic utilize. All things considered, says Joe Rajkovacz of the Western States Trucking Association, government law expects drivers to breeze through a medication test, including screening negative for pot, to hold a CDL. “Government medicate 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 government. What’s more, 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 sanctioned cannabis. While Maine’s law precluding businesses from making a move against laborers and occupation candidates is remarkable at the state-level, urban areas in California have been making pushes toward that end as well, says Rajkovacz. “San Fransicsco, specifically, doesn’t permit arbitrary medication testing of representatives. So, to truck, none of that stuff matters — what the states do, what these urban areas do,” he said. “See, you can party. You can do what you need. You can’t drive a truck. It’s that straightforward.”
The U.S. DOT issued a memo in 2012, following referendums in California and Washington that legalized marijuana outright, stating that marijuana use remained off limits for truck operators. Responding to queries from Overdrive in November 2016 (following successful legalization votes in more states) and again this month, the DOT says its stance hasn’t changed. Any changes to federal drug testing policy for truck drivers would need to start with the White House’s Office of National Drug Control Policy, the DOT said.
Requests for comment to the ONDCP were not returned.
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.”