ASSOCIATIONINSIGHT
Portable Sanitation Association International News
BIWEEKLY EDITION NOVEMBER 25, 2020
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Legal Cannabis—HR Policy Issues…continued from page 1
Continued on page 3
They join a total of 47 states and four territories
with statutes that contradict federal law by allowing
individuals to use pot recreationally, for medicinal
purposes, or both. 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.
Inconsistencies
between federal and
state laws create 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 prohibit 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 of, 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 CFR parts
40 and 382. (Underlining added for emphasis)
Companies Are between a Rock and a Hard Place
The US is short about 60,000 truck drivers right now—a
challenge that is likely to get worse in the next few years.
This shortage is 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 consistently 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, "My company is subject to [federal law], but if we
obeyed it in the strictest way we'd lose half our staff. We
couldn't be in business. Our drivers don't use [marijuana]
on the job, but we can't control what they do in their time off."
Source: National Council of State Legislatures
Source: American Trucking Associations
