DOT reports that over 70,000 truckers have tested positive for cannabis in the last 36 months
While cannabis can be used legally by some, it’s not the same for truckers and a select few. For this reason, many claim that current drug testing policies are unfair and unreliable for workers in some industries.
A state cannabis law does not preclude the ability to be drug tested by your employer. Some workers with a prescription for medicinal cannabis can use medication without fear of legal repercussions. Sensitive work positions that involve driving, lifting, or hazardous activities require regular drug screenings. Employers do not consider this incomplete as this drug screen shows whether or not an employee should be kept in the role.
Cannabis use for truckers
In the past two years, the Department of Transportation reported that over 70,800 truckers have tested positive for cannabis use. This year alone, at least 10,000 truckers have failed their regular drug tests due to a significant presence of cannabinoids in their systems.
As cannabis legislation becomes more widespread, this situation could get worse. These truckers claim that even though their state has decriminalized cannabis use, they don’t know they can’t use medicinal cannabis. An Alabama trucking company said its driver is not allowed to use cannabis while on vacation or during leisure time, whether they are in a legal state or not.
The increasingly popular positive drug screenings have led to a massive loss of drivers and growing concerns about what this could mean for the supply chain. More truckers have been fired in the last six months for failing kf tests.
The unreliability of cannabis tests
Many truckers have expressed concerns about the unreliability of cannabis testing. THC, the euphoric chemical element in cannabis, can be detected in doping tests several days after a person has consumed it. In certain circumstances, a positive result can occur weeks after application. Any effects a truck driver might have felt would have dissipated long before the exam.
Earlier this year, Democratic Rep. Earl Blumenauer called on the Department of Transportation to review some of its policies on cannabis use. He told Pete Buttigieg, Secretary of Transportation, that current drug testing is lacking in some areas. He stressed that he was not in favor of driving with disabilities, but in favor of clean and transparent cannabis testing. The rep isn’t the only one requesting changes, yet no policy has been reviewed.
Drivers continue to drive in the gray area established by state laws legalizing marijuana and federal statutes classifying marijuana as a Schedule I prohibited narcotic. According to the DOT Manual on Alcohol and Drug Testing: “Although states may permit the use of medical marijuana, federal laws and policies do not recognize valid uses of medical marijuana. Even if a state legalizes the use of marijuana, DOT regulations consider it the same as any other illegal narcotics.”
The truck driver shortage is getting worse.
According to the American Trucking Association, the truck driver shortage is already at 80,000 and could reach 160,000 by 2030. Early layoffs during the pandemic and an increased need for general cargo transportation are two factors contributing to the shortage. The issue has garnered attention, but the usual trend of more truckers being busted for drug testing hasn’t changed. Compared to the 7,750 violations in the same period in 2021, 10,276 truckers failed a drug test between January and March 2022, an increase of 32.6 percent.
Getting drivers back on the road can take months and involves multiple processes. Many people have chosen never to return. According to DOT data, of the 119,113 truck drivers pulled off the road after failing a drug test, some 67,368 have not even started Return to Work training. This assessment takes months. As a result, many drivers often envisage completing the training and choose to seek employment elsewhere.
Alleviating the impending crisis in the supply chain
The Biden administration is promising to increase the number of commercial truck drivers on the road to ease economic bottlenecks in the country’s supply chain.
However, a federal ban on marijuana use that has put tens of thousands of drivers out of business is one hurdle the government has placed in the way of that goal.
According to industry insiders and court records, Washington’s zero-tolerance policy on marijuana had seduced drivers who only used marijuana when they weren’t at work and those who consumed hemp products like CBD oil, which were touted as non-psychoactive. Truck drivers also have to navigate a maze of confusing state laws, as 18 states allow marijuana for recreational use and another 37 for medicinal purposes.
In Nevada, where recreational marijuana use is legal, Paul Enos, CEO of the Nevada Trucking Association, claimed that tests that detect use weeks beforehand drive people out of the job who don’t necessarily pose a danger on the freeways.
Given how many people are giving up driving, Enos says it’s a problem for our industry.
He went on to say that removing drivers who use drugs from the road can help prevent drunk driving. However, a fair value test that doesn’t make our roads any less safe would benefit us all. This way, if a driver tests positive for drugs, the trucking companies can fire him immediately, but to get the driver back on the road they would need an employer sponsor.
bottom line
American companies need more truckers, but it’s best to find a permanent solution to the cannabis testing policy problem before hiring them en masse. Otherwise, there would still be massive layoffs and suspensions due to unreliable drug testing.
The crisis in the supply chain is one of the reasons behind rising inflation and shortages of certain commodities. The sooner the government can solve this transportation problem, the faster they can get goods out of ports and warehouses to ease the supply chain crisis.
Cannabis advocates are calling on the federal government to promote opportunities for women and veterans to get into truck driving while reviewing current cannabis testing guidelines.
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