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Can Truck Drivers in California Use Marijuana if it’s Legal?

Here in the United States, legalization of marijuana in California became legalized overnight. Rather than celebrating, it became a huge headache for many Californians, especially if they’re engaged in the trucking industry or law enforcement. It was placing marijuana in the same category as beer or wine that created a safety enforcement issue. At least 19 states have legalized the sale, possession and consumption of marijuana. That’s what has caused the headache. Trucking is regulated here in the United States, and marijuana remains a substance that is also regulated.

The Level of Impairment

There are marijuana users who will argue that three shots and three beers is in an hour is going to impair just about anybody, while three or four hits off of a joint in an hour is harmless, especially four hours after consuming it. Marijuana is stored in the brain’s fat cells though. A person could test positive for it days after having consumed it. The influence of marijuana is also different from person to person, primarily based on the individual’s weight, size and familiarity with using it. Traces of it might show weeks after using it. Some studies indicate that impairment can be noted a month after ingesting marijuana. Participation in a perfectly legal activity might show weeks after a driver shows up at work and impact that driver’s livelihood. That’s why improvement in accuracy of marijuana testing is growing. The rights of somebody who is enjoying an activity that’s perfectly legal on Saturday, must be balanced against the public’s right to be safe from harm on Monday.

Not Passing Drug Testing

Some people might allege that drug testing is illegal in the workplace. That’s simply not true. It might even depend on the kind of work that’s being performed. An employees drug test coming back positive may or may not result in termination. Much also depends on the employer’s policies.

Law Enforcement Involvement

The police might get involved too if there’s an occurrence, and they suspect that impairment might have been a factor. The U.S. Department of Transportation relies on urine testing. Oral fluid testing might be more reliable though, and it can’t be tampered with. Just grab a swab, put it in the mouth of the subject while they’re standing in front of you, swab the mouth, pull it out and analyze it. In most cases, oral fluid testing will detect marijuana usage for 24 hours after. A subject will even test positive using CBD oil as a medication for pain. It will be detected, and the subject could have a problem.

If you want to pass a Department of Transportation drug test, don’t smoke, eat or otherwise use marijuana. Don’t try CBD oil either. CBD isn’t specifically tested for, but you’ll still test positive.  It’s highly likely that you’ll test positive in a drug test a month later. If they want to find it, they’re going to find it. Indeed, the general public is more attuned to the use of and acceptance of marijuana. Unfortunately, it’s still on the Department of Transportation’s radar screen, and truck drivers can be randomly tested at any time. The best way to stay a step ahead of any marijuana testing is simply not to ingest it.

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