Commercial Drivers Forced To Choose Between Their Jobs And Their Medicine, Federal Law Is Clear

Can commercial drivers be medical marijuana patients?

Of course, they can. The question is – will they lose their jobs if they use the medicine prescribed by their doctor?  Should they have to choose?  

It seems so.

Last week, the Iowa Courts of appeals upheld a trucker’s drug conviction for cannabis possession, even though the driver, Darryl Hurtt is a medical marijuana patient who legally obtained the pot in his home state of Missouri, reported Land Line.

Hurtt was stopped by police in Sept. 2021 over a weight violation. The officers then discovered weed in the cab of his truck. Hurtt showed them his Missouri medical marijuana card, saying he only possessed as much cannabis as was medically prescribed to him.

Hurtt fought the charges claiming “medicinal prescription requires him to bring his medication with him due to the circumstances of his profession and not being home every night.” He also argued that not being allowed to bring his medical marijuana into other states violates his right to freely travel.

Hurtt' lawyers argued that he should not have to choose between his occupation and his medicine.

Unfortunately for Hurtt and other truck drivers in similar positions, the law in Iowa is clear – medical marijuana is legal but only in certain forms and smoking is not one of them. Indeed, it is strictly forbidden.

Therefore, the judges ruled that Hurtt didn’t own any of the four permissible forms of medical marijuana and that state law on controlled substances didn’t directly affect the drivers’ right to enter or leave Iowa.

What If… No, It’s Still Schedule 1 Substance

What would have happened if the driver possessed marijuana in one of the forms permitted by Iowa? Would there be no problem? Seems not because under the existing rules from the Federal Motor Carriers Safety Administration, “a person is not physically qualified to drive a commercial motor vehicle if he or she uses any Schedule I controlled substance,” and cannabis is still considered a Schedule 1 drug.

“If you hold a CDL and you’re driving a DOT truck anywhere in the United States, it’s still not acceptable to partake in marijuana, regardless of what your state has in place,” Lisa McCannon, a supervisor of OOIDA's drug and alcohol consortium, told Land Line Now.

Those who don’t follow these rules and test positive for marijuana could lose their jobs. All positive tests are reported to FMCSA’s Drug and Alcohol Clearinghouse, making them available for review by government agencies and employers for the subsequent three years. Drivers with reported violations are marked in the system as prohibited drivers. This classification provokes further consequences, such as requiring drivers to enroll in DOT’s Substance Abuse Professionals program, which could end up costing up to $6,000 and a six-month driving ban.  

Photo: Courtesy of Gustavo Fring on Pexels