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MMJ and Comercial Drivers License (CDL) ?

Discussion in 'Legal' started by bikeTripper, Aug 16, 2010.

  1. bikeTripper

    bikeTripper Registered+

    Hi all,

    First post, been lurking a bit though. Great forum. :)

    I am a legal consumer of MMJ in Colorado. I also have a Commercial Driver's License (CDL). I drove a bus at a ski area for one season, but don't currently work as a driver.

    There was a drug test given at the time of my initial physical, when I first qualified for my license. At the time I hadn't smoked for about 2 months, so no problem with that one. At the 2 year point I will need to take another physical. That one's comming up this fall. I don't know if this includes a drug test or if it is just looking at health problems (heart, blood pressure, etc.) which might cause a hazard on the road.

    There is also pre-employment testing for any prospective job involving the CDL. We had random testing during employment, and drug testing after any accident, whether you are at fault or not. These may have just been the policy of the area where I worked. I am not sure if this applies everywhere.

    I'd like to at least have the opportunity to work as a driver again. I can be a great job. Since we all know that MJ tests determine only if one has smoked in a recent undetermined time, and not current intoxication I'll withhold the rant that would normally go here, and move on... :mad:

    So, what is the legal status of MMJ patients with regard to Drug Testing? Could one defend oneself from firing or denial of employment as a MMJ patient? Has any such case hit the courts, or is there any defined policy about this?

    I believe a lot of the rules come from a Federal, and not a state, level; but I could be wrong on that.

    I'd be especially interested in hearing from others with a CDL. How do you deal with it? Is there any conflict for you between legal MMJ use and your CDL?

    Thanks
     
  2. killerweed420

    killerweed420 Registered+

    Drug testing for CDL's is federally mandated so it will remain illegal till the federal laws are changed. Your 2 year physical will just be a urine test for blood sugar levels, no drug testing. You won't be drug tested till you are being considered by an employer.
    Subbing with synthetic urine is an option. I've used it numerous times. You will need a plan to beat the randoms. They're getting trickier with DOT tests. Some companies are contracting with testing companies that come right to your truck and test you.
     
  3. middieman440

    middieman440 Registered+

    i wouldnt wanna be driving onthe road with you,you might be driving to safely.!and SLOW,,hahahahahaha

    but seriously you dont wanna f with the dot testing especially if its your lively hood quit,my friends dad was a tt driver,he knew when we was going to be tested so he would stop month and a half before hand and be clear....dont try and and screw with the test it can in this case cause you to lose your license...
     
  4. Hypomaniac

    Hypomaniac Registered+

    I've had a CDL in my pocket for 13 years and ran coast to coast for most of that time. I can tell you that there is an information corporation called DAC Services. Not sure what the initials stand for. And what they do is collect information about your driving career. If you fail a company preemployment, or random test. This information is put into your file in the data base. Then companies can look up your past employment history. If you fail a test it will show up. I failed a pre employment test once and it stayed on my record for 5 years i believe. So I could not get work with the better trucking companies. I had to hire on with small dangerous outlaw companies. So my strong sugestion is dont even try. Dac Services is bad doo doo.
     
  5. killerweed420

    killerweed420 Registered+

    I've had a couple run ins with DAC too. They only keep records from companies that pay them a yearly charge. If the companies don't pay those records are removed. But yeah most of the large companies are using DAC for background checks. I left a truck in Medford Oregon once because the company turned off the fuel card. It stayed on my record at DAC for only a year because the company quit using DAC. I always preferred the smaller companies anyway. It was usually easy to gin and talk to the big guy and get problems fixed.
     
  6. Hypomaniac

    Hypomaniac Registered+

    HaHa KillerWeed thats funy.

    I got arrested one time after I left the bar just bob tailed. Going to the store around the corner to get cigarettes the guy in the store was being a super dick.
    I threatened to come over that counter on him so he decided it was better of calling the police. So there I am stagering drunk knew better to just get arested than to get a DUI. So they empounded the truck and I went to jail for the night. That got put on my DAC as well. I was just a kid though. Sorry not meant to highjack the thread.
     
  7. killerweed420

    killerweed420 Registered+

    I was always very careful when I stopped for a drink when shutting down. Always parked away from the bar and walked or got a taxi. Had a couple places across the country where I would stop in from time to time where I knew I was safe. Usually just a beer or two and a game of pool before I went to bed.
     
  8. showstopper

    showstopper Registered+

    CDL randoms

    Personal experience, dont piss dirty. you have zero defense.
     
  9. bikeTripper

    bikeTripper Registered+

    Thanks for all of the input everyone. The pre-employment testing seems manageable. I'm not sure how to always be on the ready for a spot random test.

    At the ski area I worked at if you were in an accident, even if it was not your fault, even if you were not cited and the other driver was, you still had to go straight from the scene of the accident to the test lab with the supervisor in the car with you. Dilution wouldn't be an option under the situation, and I'm not sure how one could get a substitution up to body temperature either, unless you always had it ready, which seems like a pain.

    showstopper, what are the consequences of failing a DOT random? Loss of employment only, loss of CDL status (but retaining the right to drive a regular vehicle), or loss of all driving privileges including your 'regular' license?
     

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