Add this data point to the Cole memo, the DEA re-scheduling rejection notice, and the ONDCP diatribe in the National Drug Control Strategy…
July 11, 2011â€”The FMCSA [Federal Motor Carrier Safety Administration] is proposing new language that will clean up several misconceptions that a driver using a Schedule I controlled substance under a doctors care is allowed to operate a commercial motor vehicle (CMV).
The FMCSA has always considered Sections 382.213, 391.41(b)(12), 391.43(f), and 392.4 to prohibit any and all use of Schedule I drugs by CMV drivers. In fact, Federal law prohibits Schedule I drugs from being prescribed in the United States (75 FR 16237, March 31, 2010). Schedule I drugs have a high potential for abuse and no medically accepted therapeutic use. Currently, Federal law only allows for their use in research, chemical analysis, or manufacture of other drugs.
Unfortunately, some MROs [Medical Review Officers] have misinterpreted FMCSA’s regulations and have permitted drivers to use Schedule I drugs while under the care of a physician and drive a CMV. This action puts the FMCSRs in direct conflict with DOT’s comprehensive drug testing program under 49 CFR, Part 40, which does not permit drivers to use Schedule I drugs. The FMCSA does not believe this is a reasonable interpretation of the regulations.
To avoid any confusion, this rulemaking would harmonize Sections 382.213, 391.41(b)(12), 391.43(f), and 392.4 with DOT-wide regulations and DEA regulations, and make it clear that drivers may not use Schedule I drugs under any circumstances.
It’s really pretty silly how they so carefully avoid even mentioning medical marijuana though that is clearly what they’re addressing (perhaps to fly below the radar?), and how they sidestep the fact that it has nothing to do with impairment or when you’ve used the drug.
They just want to make it flat out prohibited by federal law for any commercial motor vehicle to be driven by someone who uses medical marijuana at all, regardless of state law.
One more piece of the federal war on marijuana.