W EEKLY EDITION JULY 24, 2019
Legal Marijuana: HR Policy Issues for the Portable
Sanitation Industry – Part 2 of 2
By Karleen Kos, PSAI Executive Director …Continued from page 1
The US government still officially
lists marijuana as a Schedule I
pharmaceutical, prohibits the
manufacture, distribution,
possession, and use of marijuana,
and considers it to have "no
accepted medical purpose."
Despite this, legalization has
moved across the US rapidly since
2012 when Colorado and
Washington State were the first to
decriminalize its recreational use.
The in consistency between federal and state laws adds up to headaches for portable sanitation
companies and others who hire drivers. Any company whose drivers are subject to Federal Motor
Carrier Safety Administration (FMCSA) oversight is obligated to follow its guidelines regardless of
state or local law. Specifically :
Under the Federal Motor Carrier Safety Regulations (FMCSRs), a person is not physically
qualified to drive a [commercial motor vehicle] if he or she uses any Schedule I controlled
substance such as marijuana. (See 49 CFR §§ 391.11(b)(4) and 391.41(b)(12)). In addition to the
physical qualification requirements, the FMCSRs proh ibit a driver from being in possession of
or under the influence of any Schedule I controlled substance, including marijuana, while on
duty, and prohibit motor carriers from permitting a driver to be on duty if he or she possesses,
is under the influence o f, or uses a Schedule I controlled substance. (See 49 CFR §§ 392.2 and
392.4). Legalization of marijuana use by States and other jurisdictions also has not modified
the application of U.S. Department of Transportation (DOT) drug testing regulations in 49 C FR
parts 40 and 382 . (Underlining added for emphasis)
Companies are betw een a rock and a hard place. The US is short about 50,0 00 truck drivers right
now. That's making it harder than ever for portable sanitation companies to hire and retain personnel
for the crucial role of service technician. Add the requirement that companies subject to FMCSRs only
employ drivers who consisten tly avoid the use of legal marijuana and staffing the business gets harder
still. Speaking on condition of anonymity, one operator from a state where recreational marijuana use
is permitted said,
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