According to a recent study conducted over the last three years by the American Transportation Research Institute (ATRI), more than 100,000 truck drivers have been expelled from the industry due to positive marijuana tests. Surprisingly, the majority of these drivers have not returned to their previous positions.
The study, titled “Impacts of Marijuana Legalization on the Trucking Industry,” was published by ATRI in response to concerns about the growing usage of marijuana among truck drivers. This increase is largely attributed to the legalization of recreational marijuana in 23 states. It is worth noting that even if drivers test positive for marijuana while using it for medicinal purposes, they can still face prohibited status.
The report predicts that more states will likely follow suit in legalizing marijuana, as a majority of Americans (59%) support its legalization.
Legalized Marijuana Jurisdictions
According to the report issued by the American Transportation Research Institute, the number of states that legalized recreational marijuana has increased significantly from 10 in 2019 to 23 currently. As a result, 41.4% of American truck drivers now reside in areas where recreational marijuana use is legal, representing an 18.5% increase during the same period.
The report further highlights that over half (57.2%) of all positive drug tests in the trucking industry are attributable to marijuana, based on Federal Motor Carrier Safety Administration (FMCSA) Drug and Alcohol Clearinghouse (DACH) data. Unfortunately, more than 100,000 drivers have been suspended due to failed drug tests between 2020 and 2022 – a concerning reality amidst the current national truck driver shortage.
How Marijuana Use Affects Truck Drivers
According to a study by the American Transportation Research Institute, the tetrahydrocannabinol (THC) component found in marijuana is a psychoactive substance that can affect vital areas of the brain responsible for body movement, balance, coordination, memory, and judgment.
According to the report, marijuana use can impair a driver’s coordination, perception, memory, decision-making, and reaction times. These factors could slow down the driver’s reaction in an emergency situation, potentially creating a hazardous situation on the road leading to a potential catastrophic truck accident.
Furthermore, the study suggests that the trucking industry could lose several drivers to higher-paying jobs that do not require regular marijuana testing if the current federal laws surrounding marijuana use remain unchanged. It could also result in the disqualification of several truck drivers annually for using prohibited drugs, leading to a shortage of licensed commercial drivers in the industry.
Testing Commercial Driver’s License Holders
Commercial Driver’s License holders employed in the United States are subject to various drug testing procedures including random pre-employment and post-accident screenings, as well as reasonable suspicion and return-to-duty testing which ordinarily involves a urine sample.
Testing CDL drivers for drug use is an understandable strategy to promote highway safety, as drivers who are impaired by marijuana should never operate heavy-duty trucks. It is noteworthy, however, that marijuana can remain detectable for a lengthy period, whereas alcohol and a majority of non-medicinal drugs only remain detectable for days or even hours when subjected to U.S. DOT-approved testing techniques.
Marijuana testing differs from alcohol testing because traces of marijuana can still be detected up to 30 days after consumption, leading to more positive tests. However, it’s vital to note that a positive test doesn’t necessarily mean the truck driver was driving impaired unless the test was conducted after an accident. A study mentioned in the ATRI report recommends waiting five hours after using marijuana before driving any vehicle to avoid any impairment.
Federal Response
Based on the ATRI report, there are two potential solutions for the government regarding marijuana legalization.
Option One
The first option is to maintain the current federal policy that views marijuana as an illegal Schedule 1 drug.
However, this means that there will still be thousands of drivers in the trucking industry who will be prohibited from driving and could lose their jobs to occupations that do not require marijuana testing, which could lead to a shortage of Commercial Driver’s License (CDL) drivers.
Option Two
The second potential solution is that federal rules for marijuana may become more lenient over time, potentially leading to the removal of the drug from Schedule 1.
This could ease the driver shortage pressure in the industry. However, the legalization of marijuana also poses new safety concerns for the trucking industry, as the goal of drug testing is to ensure highway safety. The current system may cause inefficiencies with drivers who are not a danger of being removed from the industry.
Therefore, it’s essential to take several precautions to keep the trucking industry safe and avoid any impairments before any plans toward legalizing marijuana commence.
Despite its growing acceptance and accessibility in the United States, there are still notable gaps in understanding the correlation between marijuana use and public safety. The consequences of marijuana impairment on drivers and highway safety have not yet been comprehensively studied. Unlike drunk driving, no reliable quantitative measurement is available for testing impaired individuals under the influence of marijuana. Furthermore, there is a lack of consensus on defining and establishing a measurable threshold for marijuana impairment.
With no current way to accurately measure impairment due to marijuana use, the risks to truck drivers and other road users remain a significant challenge. We must invest in research to better understand the relationship between marijuana and highway safety.
Contact us
If you were injured in a truck accident, the experienced legal team at Flick Law Firm can help. We offer free consultations and will work with you to understand your rights and options. Call us today at (816) 221-0501 to schedule a talk.