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- Over 54,000 truck drivers tested positive for marijuana in 2023. This shows a big loss of workers.
- Urine testing finds cannabis use from days or weeks before, not when someone is high. This makes drug policy results wrong.
- Federal marijuana rules ban drivers even when state law says they can use it. This adds a lot to the lack of truck drivers.
- New saliva and hair-testing ways might show better if someone uses drugs often or just when off work.
- A 2024 Supreme Court case sided with a truck driver fired after using CBD that wasn't marked right. This means we need legal changes fast.
How Marijuana Testing and Not Enough Truck Drivers Meet in America
The DOT Says No Marijuana Use At All
The DOT has a rule that says marijuana is always forbidden for drivers. This is true even when drivers use it when they are not working, in states where it is fully allowed by law. Under federal law, marijuana is a Schedule I drug. This means the government says it has no known medical use and is likely to be misused. So, drivers who have a Commercial Driver’s License (CDL) must follow strict drug testing rules no matter what state laws say.
Testing Rules For All Drivers
Truck drivers must get tested for drugs in different situations:
- Before getting hired: Drivers must pass a drug test before starting a job.
- Tests picked by chance: Companies must test some drivers randomly each year.
- Tests after a crash: If a commercial vehicle is in a bad crash, the driver must be tested.
- Tests when the boss thinks drugs were used: If a supervisor thinks a driver used drugs, they can order a test.
- Tests to get back to work and follow-up tests: These tests happen after a driver fails a drug test or breaks a rule.
These tests are harder on people who use cannabis because the normal urine testing method doesn't check if someone is high right now. It finds leftovers of THC that can stay in the body for days or even weeks.
This means if a driver uses a legal edible on the weekend when not working, they could test positive days later while completely sober at work. These rules offer no wiggle room or understanding. Often, they lead to the driver being stopped from working right away, losing their job, or having a long process to get back to work that includes counseling and more tests.
State Laws vs. Federal Rules: They Don't Match
By 2023, 38 states in the U.S. and Washington, D.C. said medical marijuana is legal. And 23 states said adults can use cannabis just for fun. But cannabis is still against federal law. Truck drivers often drive across state lines and are under federal rules, so the DOT rules apply to them.
This big difference means drivers who use cannabis legally in their home state are punished under federal trucking rules. This problem stops new drivers from wanting to join the field and makes drivers who are already working quit or not come back.
🔍 Caught in the Middle: A driver in California can use recreational marijuana on Friday night and still lose their job Monday morning. This is true even if they are not high at all.
People have been talking more about changing the federal status of cannabis. The Department of Health & Human Services even told the DEA recently that they should look into it. But no final steps have been taken yet. Until cannabis is changed federally—and the DOT updates its drug rules—the gap between state and federal rules will keep hurting thousands of people who follow state laws.
THC Test Doesn't Mean You're High: The Science Problem
Maybe the biggest issue with marijuana testing for truckers is that it doesn't measure if someone is high. It only shows they used it. The usual test, urine testing, finds 11-nor-9-carboxy-THC. This is a part of THC that doesn't make you high and can stay in your body long after the effects of being high are gone.
Why Tests Show Positive When You Aren't High
- Used it a little: THC leftovers can stay in urine for about 3 to 15 days.
- Used it a lot: Traces can still show up for more than 30 days after the last time someone used it.
- Edibles and Vaping: How you use cannabis this way changes how THC shows up. This makes test results harder to guess.
This means the current rules catch drivers who are not a risk to safety at all. A study from The Lancet in 2023 said there is no clear link between how much THC is in someone's body and how well they drive. The Congressional Research Service also said that "it's still hard to find a set amount of THC that shows someone is too high to drive."
❗ Urine tests don't tell if a driver was high. They just show that a driver used cannabis some time not too long ago.
This makes the rules unfair and not based on science. It doesn't help keep the public safe and isn't fair in the workplace.
What Happens to People: Jobs Lost and Work Lives Messed Up
In trucking, one failed THC test can end your job. Even drivers who have never had a safety problem and have worked for years face big problems. If they test positive, drivers must:
- Stop doing safety jobs right away.
- Start the process to "Return-to-Duty". This means getting looked at by a professional who knows about substance abuse and is approved by the DOT.
- Get help or counseling. The driver has to pay for this.
- Pass a return-to-duty test that someone watches.
- Take tests to check up on them for up to 12 months.
This can take months and cost thousands of dollars. Many companies don't want to keep or hire back drivers who go through this, no matter how good they are at their job or how much they want to work.
Because of this, the trucking business loses some of its best people. They are lost not because they drove high, but for reasons that have nothing to do with safety.
54,464 Positive Marijuana Tests and More Truck Drivers Needed
The numbers show how big the problem is. The DOT’s Drug & Alcohol Clearinghouse reports these facts:
- 54,464 truckers tested positive for marijuana in 2023.
- More people said no to testing. This went up by 39%, showing many are just quitting their jobs.
- Half of all rule breaks about drugs in the business come from testing positive for THC.
These numbers don't mean lots of drivers are driving high. Instead, they show an old testing system that can't tell the difference between using cannabis legally when not working and using it unsafely.
Today, many people use cannabis, and it's seen as normal. Continuing to punish drivers for using it in the past is more and more out of touch. It makes it harder to fix the problem of not having enough truck drivers.
How People View Cannabis: A Growing Difference
Younger people—Millennials and Gen Z—are especially not interested in becoming commercial truckers because of the strict drug rules. A report from the American Transportation Research Institute in 2022 found this:
- 72% of pro drivers wanted rules about marijuana to be less strict.
- 66% are okay with it being legal federally.
- Younger drivers said cannabis laws were a main worry about getting into the job.
The trucking business really needs younger workers. Having a strong stance against cannabis doesn't help. People today use cannabis for things like feeling less stressed or sleeping better. Many adults see it like drinking wine or beer. Asking drivers to stop using it for weeks or months—or change their whole way of life—makes trucking less appealing than jobs with fewer rules.
🤔 If trucking jobs can't fit with how people live today, they might not get workers in the future.
Better Ways: Testing Saliva and Hair
The DOT knows its testing system isn't perfect. It OK'd saliva/oral fluid testing in 2023. Saliva tests can find recent cannabis use within 24 to 48 hours. This makes it better for seeing if someone might be high. It's also easier to do than urine tests and harder for people to cheat on.
But starting saliva testing is taking time. Why?
- Not many labs are approved under the new federal rules.
- Many companies don't have the setup to use new testing methods.
- DOT rules don't yet say saliva testing can be used by itself to find drug use.
Also, hair follicle testing—another option people talk about—shows if someone uses drugs regularly over a long time. This method finds if someone uses drugs often but usually doesn't find if someone used it just one time.
People still argue if hair testing might be unfair to some people because of how different hair types are. This has made the federal government slow down on letting it be used in government drug records like the Drug & Alcohol Clearinghouse.
Until better technology is used everywhere, companies have to use tools that don't always give the right idea.
What's Next: Breath Tests for Cannabis and Tests For Being High Right Now
What everyone really wants for cannabis testing is a breath test that can tell if someone is high. This device would find THC in someone's breath and show if they are currently high. Different companies and government groups, like the National Institute of Standards and Technology (NIST), are working on making these.
🌬️ Testing breath right away would fix the main problem: telling the difference between using drugs in the past and being unsafe now.
But these devices that work well and can be made in large numbers are still being worked on. Getting the government to work together, setting rules for approval, and making them in big amounts are slowing things down. Support and money could make this happen faster and bring a real big change to jobs where safety is key, like trucking.
CBD Products Not Labeled Right: A Danger You Might Not Expect
Even drivers who don't use THC can get caught if they use CBD products that are dirty or not marked correctly. These products are sold as having "zero-THC," but many CBD oils and gummies you buy can have tiny amounts of THC. This small amount can be enough to make a drug test positive.
In 2024, the U.S. Supreme Court said a trucker was right when he lost his job after testing positive. He had used a CBD product that wasn't marked right to help with pain. The court case showed we need:
- Products to be marked more clearly.
- The government to check how CBD is made.
- Drivers to learn about the risks of taking supplements.
Now, companies might have more trouble if they fire drivers because of bad test results from faulty CBD. Being clear about what's in products is now a rule companies must follow, and it's also about safety.
How This Costs Trucking Companies Money
Every driver who can't work because of a failed drug test costs money. Getting a new commercial driver ready can cost over $10,000. This includes paying for ads, testing, teaching them, and maybe higher costs for insurance.
A paper from Fleetworthy & FreightWaves says:
- Companies lose good drivers who have been working there a long time.
- Insurance costs go up for companies that hire and lose drivers often.
- Things take longer to deliver, which affects the whole system of getting goods from one place to another.
- The cost of keeping track of rules and papers goes up a lot.
These problems affect everyone—from the place where goods are stored to the store to the person buying something. Fixing the rules for marijuana testing in trucking is not just about being fair. It's also needed to keep the flow of goods steady.
Teaching People: An Easy Way to Make Things Better
One simple way to lower the number of unexpected problems with marijuana rules is to teach people all about it. Many drivers don't know:
- How long THC stays in their bodies.
- What might happen if they use CBD products.
- How federal rules and state laws are different.
Federal programs to teach people and make them aware could stop failed tests before they happen. This is especially true for younger drivers or those who haven't been driving long. When you add this to advice before hiring and clearer rule books, teaching people is a cheap way to make a big difference.
Looking Ahead: Connecting Safety With What's Really Happening
Wanting better rules from the federal government and groups in charge is not just about marijuana. People who want fair workplaces and a strong business are asking those who make rules to use tests based on if someone is high, not just if a certain chemical is present. This means:
- Moving away from banning people for life and instead offering help and being fair.
- Putting money into new testing tools like breath tests.
- Making DOT rules match state laws about cannabis that are already in place.
- Creating ways of working that fit how people think about health and wellness now, not old ideas.
📌 If we stop punishing people and start using facts and being fair, we can help keep jobs and make roads safer.
What to Think About Now: How Drug Testing in Trucking Should Change
The trucking business—and the rules that guide it—must change to fit America's changing cannabis laws and how people view things now. Sticking to urine tests that punish people who use cannabis off-duty and are not high is not just bad science. It's bad for business. It's time for the DOT and the work system in general to use a method that makes sense for today.
Using better technology, teaching people more, or changing the laws—smarter drug testing means fixing real problems, like people being high at work and not having enough drivers, without making capable drivers leave.
