Current News

CDL in the Administrative Hearing, September 21, 2011

This free webcast was presented by the Hon. Toni Boone (NV).  She explains the various sentencing parameters available to the ALJ when confronted with a CDL holder defendant.

FMCSA REITERATES ITS BAN ON MEDICAL MARIJUANA

FMCSA continues to respond to questions regarding the spread of acceptance of the use of medical marijuana through the United States.  On October 22, 2009, The Department of Transportation issued the following statement:

The Department of Transportation's Drug and Alcohol Testing Regulation - 49 CFR Part 40, at 40.151(e) - does not authorize "medical marijuana" under a state law to be a valid medical explanation for a transportation employee's positive drug test result.

Specifically, Section § 40.151 states:

Q.  What are Medical Review Officers (MROs) prohibited from doing as part of the verification process?

A.   As an MRO, you are prohibited from doing the following as part of the verification process:

(e) You must not verify a test negative based on information that a physician recommended that the employee use a drug listed in Schedule I of the Controlled Substances Act. (e.g., under a state law that purports to authorize such recommendations, such as the "medical marijuana" laws that some states have adopted.)

All State administrative and enforcement personnel are reminded that under no circumstances can a CMV driver operate a CMV while using marijuana, impaired by marijuana, or have marijuana in their system.

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