Pennsylvania’s Medical Marijuana DUI Law Is A Scientific And Legal Disaster

Topic 34812 | Page 2

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catent's Comment
member avatar

Catent, we allowed your first few comments with reservations. Just so you know, it's never a good way to find some friends to visit with on your new CB radio by jumping into their sandbox insinuating they are small minded. Yeah, you need to work on your introduction a little.

This is a group of folks here with some high standards. If you want to be part of it, you'll learn to respectfully reply or you'll go away. We have opened the door and given you access, tread carefully. We are happy to hear from you, but understand you don't hold a candle to our veteran drivers. If you want to present an argument or a point, that's all good, but you'd be smart to make sure you can defend it well.

I acknowledge that individuals who have been part of this community for longer and are truckers have more seniority/regard here, and I also fully acknowledge that I should not expect to be welcomed here with open-arms given I am an outsider who came in hot and stated a strong opinion in a less-than-polite way.

The OP at no point states that it is appropriate to operate a truck (or any vehicle) while impaired. The thesis of the OP is that the existing testing methods for cannabis are incredibly limited and inaccurate in their ability to detect active intoxication.

Canada has a 30-day "toke to yoke" rule for their pilots, given the limitations in testing for cannabis intoxication. It was escalated through their judiciary and they rightfully concluded that there is an inherent inequity in testing for something like alcohol compared to cannabis. If pilots and truckers can throw back a few beers off-the-clock, sleep it off, and perform their job safely, then there is absolutely no reason they should not be able to do the same with a joint ... again, so long as they are able to operate their vehicle safely when the time comes.

So, Canada determined their pilots can in fact use cannabis, but they must wait 30 days between their last usage and next time flying. Of course, that's just Canada's opinion, and this is a different country than Canada, but it is worth noting that Canada's aviation and trucking industries have strong safety records and relatively low rates of accidents.

The relevant variable here is if one can safely operate a vehicle. The OP would like to see improved testing/legislation around marijuana usage in Pennsylvania, especially for those with medical approvals, in order to help improve detection of actual intoxication. If anything, better, more refined/polished testing for cannabis would be in the best interests of all on the road because then we can determine who is actively intoxicated and who is not, without false-positives.

I am not a trucker and I do not have a medical marijuana card, but I am someone who has operated a motor vehicle for 15+ years, logged hundreds-of-thousands of miles in a variety of driving conditions, am fully capable of operating a manual transmission, and have never received a moving violation / ticket of any kind, nor been involved in an accident where I was at-fault.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
NaeNaeInNC's Comment
member avatar

So, unless and until you are legally responsible for operating 80k (or more) commercial motor vehicle ,your opinion holds little weight.

I am not a trucker and I do not have a medical marijuana card, but I am someone who has operated a motor vehicle for 15+ years, logged hundreds-of-thousands of miles in a variety of driving conditions, am fully capable of operating a manual transmission, and have never received a moving violation / ticket of any kind, nor been involved in an accident where I was at-fault.

Commercial Motor Vehicle:

A commercial motor vehicle is any vehicle used in commerce to transport passengers or property with either:

  • A gross vehicle weight rating of 26,001 pounds or more
  • A gross combination weight rating of 26,001 pounds or more which includes a towed unit with a gross vehicle weight rating of more than 10,000 pounds
catent's Comment
member avatar

So, unless and until you are legally responsible for operating 80k (or more) commercial motor vehicle ,your opinion holds little weight.

double-quotes-start.png

I am not a trucker and I do not have a medical marijuana card, but I am someone who has operated a motor vehicle for 15+ years, logged hundreds-of-thousands of miles in a variety of driving conditions, am fully capable of operating a manual transmission, and have never received a moving violation / ticket of any kind, nor been involved in an accident where I was at-fault.

double-quotes-end.png

I provided a rather extensive post detailing my understanding of the issue and relevant information; you did not address the substance/content of my post, but rather highlighted a small part of it in an attempt to discredit the things I have to say; I see no reason gate-keep who can and cannot participate in this conversation, so long as they are respectful and bring objective information to the table.

I acknowledge my original post was unkind, but my second post was measured, objective, and focused on substantive factual elements, not inappropriate personal remarks (as requested by Old School). I again contend that many (still) seem to be misunderstanding the fundamental point of the original post and subsequent discussion, which is less about safe driving habits, but rather the medical/scientific process of developing better processes to identify active intoxication in cannabis users.

This is a subject that is inherently medical/scientific in nature, and involves a complex, nuanced blend of personal behavior, motor vehicle safety, medical/scientific expertise, and statutory law. (And it is worth noting that statutory law varies state-by-state, so laws in Pennsylvania may differ from laws in the other 49 states).

Are there truckers who operate their vehicle unsafely? Of course there are. Are there truckers who consume alcohol or other illicit drugs while working? Of course there are. (There are also a lot of good truckers, too; many more than there are bad ones!) Should the bad apples' voices carry weight simply because they drive a truck professionally? Probably not. My point is that there are good/bad people in every industry, and simply because one participates in that industry does not necessarily make their opinion more worthwhile/accurate (especially when it comes to a nuanced, inter-disciplinary topic like this).

The notion that only the opinion of a trucker on this matter is valid, seems a bit unfair. I think it is more fair to focus on the substance of one's words, rather than trying to undermine their right to share their opinion.

Commercial Motor Vehicle:

A commercial motor vehicle is any vehicle used in commerce to transport passengers or property with either:

  • A gross vehicle weight rating of 26,001 pounds or more
  • A gross combination weight rating of 26,001 pounds or more which includes a towed unit with a gross vehicle weight rating of more than 10,000 pounds
Trucker Kearsey 's Comment
member avatar

Let me explain it this way... the US is extremely litigious. The trucking companies always lose and pay out millions. We are not even allowed to take a Benadryl or Zyrtec at some companies. Sick? Comtrex or Mucinex and that is it. Anything else and the lawyers attack in court after an accident. We cannot take any sleeping pills despite having really erratic sleep schedules and extremely long hours. We only get 10 hours a day off from.work (shower, eat, laundry and sleep) but spend some of it here.. answering questions for new people who want to enter trucking. So having someone like you take up our time on a topic that is not even a possibility is abhorrent.

Some of us cannot even smoke or reach for a coffee without the inward AI camera yapping about distracted driving.

And most of us are older, we were taught that pot is a gateway drug. It was completely illegal. Now that it is legal in most states, we see a boom of druggies and homelessness everyday all over the country. My father's home section of Philadelphia. Kensington, makes international news with the walking zombies. This just proves it is not a harmless drug.

My sister was only a pot smoker on occasion until someone put something in it. Then she went full force black.tar heroin, became schizophrenic until she killed herself.

Criticize my logic all you want. But any alcohol or drug use can be abused. The only way to regulate use is to prohibit it.

Jan P.'s Comment
member avatar

Article

Canadian government approved a roadside saliva testing device which reportedly detects marijuana within 6-8 hours after use. A failed saliva test constitutes reasonable cause to bring a driver in for a blood test.

alcohol or drug use can be abused. The only way to regulate use is to prohibit it.

Anything can be abused, where would it ever end, are you ready to give up your guns too?

Zen Joker 's Comment
member avatar

Before getting into trucking I detoxed after years of chronic marijuana use. Prolonged use alters your brain. I've experienced this first hand. After being clean for 6 months, I could more clearly than I had in years. It was like my brain got 5 years younger.

I could NEVER see operating a CMV with the residual effects of THC in the system. It numbs everything. I fully support cannabis for medicinal use and also recreationally for people who have non OSHA regulated occupations and very few adult obligations. There is too much at stake with a 40 ton vehicle which can be tough to get out of hazardous situations even for a well rested and sober driver.

Alcohol wears off in a day. THC lingers perpetually to some extent for as long as you keep using it on any regular basis. For that reason, trying to justify the incorporation of cannabis in trucking in any capacity is more messed up than an X-rated cartoon. You're simply begging to for exponentially more destruction and tragedy on the road.

CMV:

Commercial Motor Vehicle

A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards
Stevo Reno's Comment
member avatar

My feeling is, don't do the crime if you can't do the time. I have NO empathy for ANY drug users be it legal or otherwise. I smoked heavy as a teen 15-17 years old. Back when weed was weak, it still got you stoned. I got tired of feeling sluggish and the whole scene and just up and quit forever after.

Then my son, once he and his sister went to live with mom n her hubby, he became a pothead, and street thug, constantly locked up for theft etc. I tried to talk sense into him to join the military n make his new son proud. Of course he never listened and continued on his life course or crime and jail. Well, in 2013 I got a call he was found dead in jail @ 28 years old. From a Heroin O/D IN jail no less. So he evidently progressed from pot smoking to Heroin, and I only found out, once he was dead and gone, NOT a good feeling.

Trucking and ANY form of substances that impair judgement, and reaction time do NOT go together, PERIOD !!

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