Share this article:
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.
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:
|
Best Practices for Hiring Commercial Drivers
|
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.
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.
