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Cannabis Laws and Commercial Drivers

9/2/2020

 
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The use of Marijuana by a commercial driver utilizing a commercial driver's license is prohibited, regardless of whether the weed or pot was taken for recreational or medical purposes, or whether or not marijuana use was legal in the applicable state.
Thirty states plus the District of Columbia have recently enacted comprehensive Marijuana usage laws. The continuing and increasing trend of state legalization of Marijuana can impact your business, and Selective Insurance is here to help you work through potential issues and concerns. Legalization of Marijuana can impact your Commercial Auto exposures, specifically your employees with a commercial driver’s license (“CDL”).

Federal vs. State Law

Despite a change in state laws, Marijuana is still a Schedule I Controlled Substance under the Federal Controlled Substances Act of 1970. According to the United States Department of Transportation, state laws have no impact on the testing regulations and requirements for obtaining or maintaining a CDL.

The use of Marijuana by a commercial driver utilizing a CDL is therefore prohibited, regardless of whether the drug was taken for recreational or medical purposes, or whether or not marijuana use was legal in the applicable state.
Alcohol vs. THC (the impairing ingredient in marijuana)
​

THC is different from alcohol in a few key ways:
  • There is no efficient or reliable road-side test to determine if a Marijuana user is currently feeling the effects of the THC (feeling “impaired” or “high”).
  • THC that enters a Marijuana user’s bloodstream can remain in a person’s system for weeks after use. Even if a person no longer feels impaired, they can still test positive during a drug test.
  • The level of THC in the bloodstream that qualifies as impairment varies by state, and it is possible that any amount of THC can find the driver charged with a Marijuana-related DUI.
  • Receiving a DUI due to testing positive for Marijuana will likely result in the driver being disqualified from driving.
​Best Practices for Hiring Commercial Drivers
  • Implement or update your hiring practices to include pre-hire drug and alcohol screening, criminal background checks, and Motor Vehicle Report (MVR) review. 
  • Establish MVR acceptability requirements and standards for hiring new employees and on-going monitoring of current employees.
  • Implement an on-going drug and alcohol testing program. The program should be designed to ensure it meets all state and federal requirements and does not violate any rules or regulations. You should also ensure all drivers are aware of the program and the implications of Marijuana use on their CDL.
Increased Accident Rates
​

​Initial studies from the Insurance Information Institute (I.I.I.) indicate that the increase in legalized Marijuana is correlating with an increase in motor vehicle accident rates. An April 2018 study by the Highway Loss Data Institute found that in Colorado, Washington and Oregon, the sale of legalized recreational Marijuana was associated with a 6% increase in collision claim frequency.

Collision claims impact not only your employees’ safety and the integrity of your commercial vehicles, but also the safety of the public and your business’s reputation.
​

Review Your Testing Standards

​With the increase in legalization of Marijuana, the confusion between state and federal laws, and the potential impact to your business, now is the time to make sure your hiring and employment practices and standards, including drug and alcohol policies and testing procedures, are the most effective for your business as well as in compliance with all state and federal laws.

Selective understands that there are a wide range of risks to your business, which is why we provide our customers with access to Safety Management experts who can provide an assessment of your unique business. Find an agent to learn more.​

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  • Business
  • Auto
  • Home
  • Digital Toolbox
    • LinkedIn Best Practices
  • Flood
    • Hurricane Preparedness
  • Infographics
  • Prep Guides
    • Coronavirus Information
    • Spring Maintenance Guide
    • Fire Prevention & Safety
    • Winter Preparation For Your Home
    • Winter Preparation For Your Business
    • Winter Preparation For Your Vehicle
    • Hurricane Preparation