Bobit’s Post

https://lnkd.in/gsQZ2CKS High TIMES- Prescription or Recreational Marijuana Use, Coming to a Non-CDL & CDL Driver Soon? Subject: This Article Impacts DOT Controlled Substances Testing & DOT Physical Examinations, per 49 CFR 391.41(b)(12) The way the Federal Motor Carrier Safety Regulations (FMCSRs) "read"; technically it can happen if Marijuana is removed from its DEA Schedule I list as a controlled substance. Professionally, from a former DOT Investigator perspective, I Do Not Believe this will happen. But if it does, Motor Carriers & Insurance Companies will never accept this from a Liability & Risk Perspective. Not to mention, there's State Laws Drivers (both CDL & Non-CDL) would have to comply with. First to address are the Implications of the Article above, reassigning Marijuana from a Schedule I narcotic to Schedule III would not ONLY impact DOT Drug Testing, but also a Driver's (CDL & NON-CDL) Medical Card. For Reference, review the Drug Enforcement Administration's link to finding how Marijuana is a Schedule I Controlled Substance- https://lnkd.in/drHNjrJP Also, 49 CFR Part 40 Collection Procedures list Marijuana under: https://lnkd.in/gEqfhess The Federal Motor Carrier Safety Regulations (FMCSRs) are VERY OBSCURE with Regulatory Language that DIRECTLY prohibits Marijuana, and Instead refers to it as "Controlled Substance or a Schedule I Narcotic". Is there an "Outright Reference" to Forbidding Marijuana Use in the DOT Regulations? NOT REALLY..... Traditionally, a DOT Company Professional would think that "Marijuana" as a Regulatory Imbedded Term is listed as forbidden somewhere in language under 49 CFR Part 382 Drug & Alcohol or Part 383 Commercial Driver's License....BUT NO it is not! Instead, you will find an indirect reference to Marijuana as a Schedule I substance 49 CFR § 391.41 Physical qualifications for drivers, particularly 49 CFR 391.41(b)(12) *First Please Note- per 49 CFR Part 391.45, DOT Medical Cards are REQUIRED for Both CDL & Non-CDL Drivers per the Definitions of a Commercial Motor Vehicle under (No Medical Card, No Driving): 49 CFR 390.5 “Commercial motor vehicle" - https://lnkd.in/g-ZTPJiR) 49 CFR 383.5 “Commercial motor vehicle (CMV)”- https://lnkd.in/gAmzNYwE)) For DOT Medical Cards, 49 CFR 391.41(b)(12) - https://lnkd.in/gsmRd487) "(12) (i) Does not use any drug or substance identified in 21 CFR 1308.11 SCHEDULE I, an amphetamine, a narcotic, or other habit-forming drug; or (ii) Does not use any non-Schedule I drug or substance that is identified in the other Schedules in 21 CFR part 1308 except when the use is prescribed by a licensed medical practitioner, as defined in § 382.107 of this chapter, who is familiar with the driver's medical history and has advised the driver that the substance will not adversely affect the driver's ability to safely operate a commercial motor vehicle;" DOT Compliance Safety Association- DOTCSA : Where Trucking Safely Makes America

We need to consider the pros and cons of making drugs illegal. Does this policy help protect people? Or does it just confuse and continue a 53 years of failed policy? Instead of just saying “this alters the mind, we need to make it illegal”

Reviewing Preemployment Drug Testing Policies to Comply With Marijuana Laws While marijuana remains illegal under federal laws, many states have legalized medical and/or recreational marijuana, decriminalized the drug or enacted workplace protections for its usage. As more states legalize marijuana and expand workplace protections regarding its usage, ensuring compliance with federal, state and local laws remains a challenge for employers. This article outlines considerations for employers when reviewing their preemployment drug testing policies.

Interesting move by the DEA here...although it doesn't change anything from a legalization standpoint for usage by DOT drivers and other types of employees. I still foresee Marijuana staying illegal to use or take, even if passed Federally for medicinal use, by commercial motor vehicle (CMV or DOT) drivers and other types of workers who classify into Federal classifications. I would also foresee employers treating Marijuana just as they would other legally prescribed medications that have side effects that give pause for concern in safety-sensitive positions. #workcomp #workerscompensation #occupationalmedicine #occupationalhealth Conservative Care OHC

While #marijuana remains illegal under federal laws, many states have legalized medical and/or recreational marijuana, decriminalized the drug or enacted #workplace protections for its usage. As more states #legalize marijuana and expand workplace protections regarding its usage, ensuring compliance with federal, state and local laws remains a challenge for #employers. This article outlines considerations for employers when reviewing their #preemploymentscreening policies.

Take a look at this recent article from Federal Times on how the reclassification of Marijuana might affect EPL claims. #EPL #EmploymentPractices #Marijuana #MMJ #BRP #RiskyBusiness

With the Biden administration releasing the unredacted exchange advocating for the rescheduling of marijuana, do you believe that this is the year for significant federal reform? What challenges and opportunities do you foresee in the path towards marijuana policy changes, and how might it impact various stakeholders? Share your insights. #MarijuanaReform #FederalPolicy

The federal government is taking steps to remove marijuana from among Schedule I drugs and reclassifying it to Schedule III. What does that mean for work truck fleets? https://loom.ly/2pxGxy4 #marijuanareclassification #scheduleiii #deapolicy #worktruck #fleetmanagers #fleetsafety #trucking

Joe Biden: "Look folks, no one should be in jail merely for using or possessing marijuana, period. Far too many lives have been upended because of failed approach to marijuana, and I'm committed to writing those wrongs. You have my word on it." The U.S. Department of Justice has begun the process of reclassifying marijuana from a schedule I to a schedule III drug under the Controlled Substances Act (CSA). The first significant change since enacted in 1970. The President called it "monumental." While making it a Schedule III drug opens the door for it to have accepted medical use and be dispensed lawfully as a prescription, it doesn't change federal law. Current policies on drug use for the civil service remain in effect. It could however advance challenges to certain laws (ADA) and lead to an uptick in EPL claims. Even the Federal Office of Personnel Management has said in its guidance that “agencies cannot find an individual unsuitable [for employment] unless there is a nexus between the conduct and the ‘integrity or ... efficiency of the service.’ ” Change comes to all things, even if fifty years in the making.... #EPL #EmploymentPractices #Marijuana #MMJ #BRP #RiskyBusiness https://lnkd.in/eiNX6RYB

How will the potential reclassification of marijuana impact fleets and employers? Work truck fleets typically employ non-CDL drivers, meaning they aren't subject to Department of Transportation (DOT) and Federal Motor Carrier Safety regulations that prohibit driving a commercial vehicle under the influence of Schedule I controlled substances. Currently, DOT drug tests include screening for marijuana, cocaine, opiates, amphetamines, methamphetamines, and phencyclidine. If marijuana shifts to Schedule III, adjustments to DOT drug policies and testing may be necessary. However, the primary challenge for work truck fleets likely lies in navigating state laws in areas where recreational marijuana is legalized. Keep an eye our for what your state reguluations are, and read this Bobit article for more information: Feds Considering Reclassification of Marijuana to Schedule III #safedriving #impaireddriving #fleetsafety #fleetmanagers #fleet #fleetrisk #governmentfleet #driverssafety