Marijuana and trucking: How would federal rescheduling of marijuana change the industry?

Last week, the Department of Justice and Drug Enforcement Agency published a notice of proposed rulemaking to reclassify marijuana from a Schedule I drug to a Schedule III drug.
To begin to understand what rescheduling marijuana might mean for trucking, it’s important to know what the differences are between Schedule I and Schedule III drugs.
Brandon Wiseman, President of Trucksafe Consulting and a partner at the Childress Law Firm, joins us this week to talk about those differences before getting into what the proposed rescheduling could mean for our industry.
You can read more at
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Contents of this video
00:00 10-44 intro
00:30 Rescheduling marijuana
01:02 DEA scheduling and DOT drug testing
03:24 Confusion around drug testing
07:04 Concerns from the American Trucking Association (ATA)
08:15 State and federal marijuana laws
10:23 Notice of proposed rulemaking
12:11 Impairment testing

[@Bearcat870]

Smoking cannabis the night before going to work doesn’t affect the ability to operate machinery or a motor vehicle at all.

[@occiferfigpucker4840]

Smoke a day or two before. Get over it. It's your job.

[@harrygearhart4520]

Absolutely correct, been testing it for years! Next day normal again, plus more empathy!

[@ohozo7292]

As someone who has been a daily smoker and who has been sober for several months, operating machinery myself, this just isn’t true. Marijuana has residual effects the next day. You are slower to wake up, overall situational awareness and ability to multitask is hindered. Anyone who disagrees is in denial or has not truly made the comparison for themselves. It also affects the quality of sleep.

[@harrygearhart4520]

@@ohozo7292 You are 100% correct, however being on an alcohol bender myself a few times, you are absolutely worthless the next day or even two. Marijuana is way more forgiving. Legalize pot!!!!

[@chuch541]

@@ohozo7292 I don’t think you’re a daily smoker if your take is “your high enough the next day” lol, or “residual” wtf does that mean? Being tired? The freedom folks wanna regulate sleep now? Plz. Heavy smokers can get high and sober within a few hours. Still being residual high the next day is literally impossible via chemistry. You’re pushing some political/religious narrative and it’s sad af.

[@Bearcat870]

I’ve been fighting drug testing for over 25 years. From flushing my system all the time. Dieting, exercising , drinking loads of water. Using synthetic urine, someone else’s urine. It’s never affected my ability to drive a truck. Never. The only issues I’ve had was taking the risk of not passing a drug test.

[@nickmichaels6516]

Absolutely ridiculous as drivers we have to skate around these tests. Not one time has what I do in my own time effected my ability to drive.

[@mitchell6673]

Just be careful, I did the same for the last 14 years, I drove for yellow freight they helped me keep my job when the synthetic stuff failed on me, I was halfway through the clearinghouse program before the company folded, now it's almost impossible to get a driving job and my status in the clearinghouse is unrestricted driving status, so basically I can't drive until those few test I had left in the program is finished, companies don't want to mess with extra drug testing so now I'm forced to change careers until my name falls out of the clearinghouse, just be careful, when it goes south it really goes all the way with that program they have set up now.

[@shadeedmuhammad8107]

@@mitchell6673how did it fail on you

[@titoace408]

​@mitchell6673 I think I might know someone that can help you

[@titoace408]

​@shadeedmuhammad8107 those things expire after a few years.

[@dontlaugh3610]

Man i would love to be able to smoke a joint under the stars after driving 400-600 miles in a day🤞🏾🤞🏾

[@kastrothetrucker7820]

Hell yeah brother...

[@D10D10]

Oh hell no! Have you actually taken a close look at the grass in a truck stop?? It's completely full of dog shit. Have fun laying in dog shit high 😆

[@williambobo5341]

💯💪

[@TryMeFoolYT]

❤same i drive 700 a day😢

[@xunknown6073]

Gotdamn right

[@gypsy547]

Schedule III is not enough. DESCHEDULE.

[@Granny813]

Make it same rules as alcohol

[@jalenharris974]

@@Granny813but they are not the same . Grass is much more harmless

[@RG-wy1ol]

If we drug tested the DEA at random they would all fail for harder stuff than Mary Jane

[@user-vj1qj7ls5k]

Everyone let your voice be heard. Let D.O.T know that truck drivers support this

[@ex-al5171]

Remember, marijuana stays in your system for 30ish days. So drink ethanol because the government says that's fine. Also, opiates are ok as well as long as your drug dealer who has a medical degree says it's ok.

[@D10D10]

There's a HUGE difference between weed and heroin....tf are you on thinking it's the same this isn't 1950. Also, yes it's in your system for 30 days but so is vitamin C. The effects of marijuana last as long as the high. You obviously know nothing about weed stay in your lane

[@ex-al5171]

@@D10D10 I think you missed the point there buddy. It's ok currently for you to drink alcohol and take pain pills and barbiturates as long as Dr prescribed. However, the metabolites from THC are detectible for up to 30 days. Therefore, employers will fire you for testing positive even if you used it two weeks ago and then fire you. Idk how you pulled heroin out of that because context clues should have clearly indicated that I am referring to drugs prescribed. Are you on heroin? Because that was fucking stupid. No shit it only last as long as the high but you will be fired regardless and that's wrong if you are not CURRENTLY under the influence.

[@jeffg4392]

@@D10D10I think it’s called sarcasm guy, look up the definition.

[@master_chief117]

it needs to be treated the same as alcohol, plain and simple. There is a saliva test available they just need to get 2 testing facilities to step up to the plate.

[@ed199]

I’d be totally okay with saliva test as an airplane mechanic. I think urine testing is wayy to harsh, by the time you sober up you have to wait 2-6 weeks which is ridiculous cause you do not stay high that long Edit: …not by a long shot

[@nanoelbatero57]

@@ed199I’m about to be become an airplane mechanic I’m just sad I have to give up weed. I gotta wait til it’s legal which I hope happens

[@ed199]

@@nanoelbatero57 same, I’ve been waiting for the day it becomes legal P.S. Good Luck on your endeavors!

[@PaulHarris-sl1ct]

All other drug tests screen for system content. Cannabis testing is for a residual metabolite.

[@b_moneygo4515]

Whoever make this rules and regulations be smoking weed at home.

[@improvisedsurvival5967]

Not everyone smokes dope 🙄stop perpetuating this lie

[@djqbassic]

I think truck drivers have the right to poke Smott when they are out of truck and on home time for multiple days. They should change the testing system to be able to identify recent usage, meaning a test can tell if a driver has consumed thc 12 hours, or 24 hours so on and so forth. Weed does not affects a drivers duties on the next day if consumed the day before or days before.

[@invisiblesculpturethief7290]

😂😂😂

[@3182john]

Who is Smott add why do you think he should be poked?

[@blkhemi3925]

Leave it to the government to fk up weed.

[@GatorBass]

Joe Biden said oooh yeah you trucker guys want to mess with the boarder! We’ll take this!

[@Falcon2609]

Facts

[@nanoelbatero57]

They made it illegal for racist reasons towards Mexicans and blacks

[@Bobbywasbi350]

how is it alcohol and nicotine are perfectly legal when its more addicting and causes more issues than weed they need to quit the mental charades and just legalize it already

[@improvisedsurvival5967]

It’s a controlled substance

[@zackthomas3605]

Been trucking long time n would love puff it up🎉🎉🎉

[@GypsyNomad912]

Damned right

[@frankmorris8207]

Even in California, lost my IT job for a positive THC result despite the new law. Never hated myself so much

[@davidsilva6830]

I’ve been a trucker since 2015. I injured my back years ago at the gym and found weed helps the most with the pain without the side effects of pills. I’m always scared of losing my livelihood because of what I do on my own time and how I choose to medicate. I’m leaving the business soon, it’s gotten way too regulated and politicized. The industry is trash now and not worth the bs!

[@nitro2037]

i dont give two shits... ive been smoking for 40 years and im not goin to stop.

[@H-thusle]

Right on brotha , I’m with u👊

[@improvisedsurvival5967]

Then your not gonna be a trucker

[@nitro2037]

​@@improvisedsurvival5967 thumbs up bro... your right.

[@mikeoxbig7890]

the good ol boys can brag about a hangover that would kill a mule and alls fine,, but dont dare smoke a little weed to unwind!!!

[@RoadrunnerG]

It wont do anything.. ppl are going to live their lives regardless of Rules. It would definitely benefit the responsible users.

[@improvisedsurvival5967]

Marijuana is for the weak

[@gotwork77]

20 minutes for yes or no answer

[@CucamongaRob]

Truckers unite to end the prohibition of cannabis, during time off we should be able to enjoy life how we see fit, fuck metabolites, I'm not high if I smoked a few days ago, this is just discriminatory and wrong.

[@seriousb3449]

If you have a prescription it's fine to use. But you can't use while working or prior to work. Like any other schedule 3 drug, you can't work impaired. It's not that complicated

[@stayinganonymous.3172]

People can work on steroids (also a schedule III drug) just fine.

[@drsmetal2747]

Just because someone has THC in their system doesn't mean their high on the job. Know the difference.

[@seriousb3449]

@drsmetal2747 exactly. Thc can show up on a test for months. Being impaired is one thing, just having it in your system is not a red flag

[@PaulHarris-sl1ct]

Hopefully FMCSA and DOT will test for impairment not history. Right now it's like finding 20 beer cans in your garbage and claiming that you must be drunk

[@daniellazarus7943]

That guy smoking at the end of the video sure looked like he was enjoying it. Probably a retired truck driver. Screw the DOT controlling our lives. And all the people against it. They think were gonna fire one up while driving down the road. Idiots that would be as dumb as drinking a beer going down the road. Which ive never done in 25 years and some how im smart enough to do at home under my tree. Im so done with the double standard hypocrites!

[@Upperleverclouds420]

Legalize for all🍁

[@watermenjohn4574]

I am far more concerned about the guy who has several drinks at the end of every day

[@617Lou]

As long as you smoke and your not eating an edible the night before driving you should be fine . Thats the only time when the high lingers over right?

[@drsmetal2747]

That's not necessarily true. Edibles can last up to 8 hours. Take it early in the evening, and it will be worn off early before you get up.

[@Bobbywasbi350]

the high doesnt last that long for you to have any effect from the night before

[@617Lou]

Okay thanks guys!

[@tacticaldorito3942]

Sure would have been alright to smoke a joint or two last weekend when I was stuck in Barstow doing my 34 hour break.

[@edwardaderman6900]

If your at home there's no reason why you shouldn't be allowed to smoke pot,if you can drink you can smoke

[@Youknowwatitis224]

Unfortunately we CDL holders are held at a higher standard than the average driver on the roads…

[@GatorBass]

I can smoke weed and not feel the effects just a few hours after smoking.

[@mrd1291]

I’ve been a class A driver for 16 years and I smoke once awhile… I’ve been lucky to get away with it. Even nights before going to work. Never during work… and by the way I have an excellent driving record no accidents! What does that tell you! Let us smoke !!!!!!!!!!

[@tohersfire4242]

Nothing until they force someone to spend millions of dollars fighting it in the court system. ...

[@leecoleman822]

✔️

[@user-vj1qj7ls5k]

It time D.O.T. gets out of the stone age. If they treat truckers differently than other people, then a lot of lawsuits will happen. And they can mouth swab to see if anyone has smoked in the past 24 hours

[@vf12497439]

Even if there was a ruling in favor of a CDL holder being allowed to have thc in their blood…. Your still not allowed to have it in the truck like alcohol. If your CDL is your livelihood then such things are an unnecessary risk. If getting high or drunk is too important I’m told Walmart is hiring….. McDonald’s doesn’t care if you burn one on your break.

[@mrllblasi]

Chevron deference nullifies non lawful regulations.

[@travishanson166]

Other things overlooked by the action is possession of a schedule 3 controlled substance without a valid prescription is a felony. To dispense schedule 3 drugs, one must be a licensed pharmacy employing a licensed pharmacist. The DOJ/DEA decisions had broader implications and none of it involve a step towards legalizing marijuana.

[@Roquea.207]

Rescheduling means absolutely nothing to access,recreational use or legality whatsoever okay Is like saying you can drive 56m/h in a 55m/h road.

[@conservativeright5941]

Fun fact a lot of CDL holders smoke and more. It is called Quick Fix and does one hell of a job 😂😂😂. Worked as a tow truck driver and in the oilfield trust me weed is being smoked and lines are getting sniffed.

[@wwservices8384]

Smoking a joint on vacation will affect you when you come back to work.... even if that vacation was 28 days from testing.... that's dumb

[@crazzylee]

Truckers will finally be allowed to use marijuana. You will not need a prescription. You might need a prescription if you’re not self employed for insurance purposes.⚖️A DOT tester explained to me they do not test for marijuana period.

[@shoretea3745]

??

[@robertnice3060]

When I get my physical every 2 years they most certainly test for thc.

[@mace1633]

When????

[@jimmywadsworth5440]

What!!

[@crazzylee]

@@mace1633 I would wait till the schedule change is complete.

[@CLAPPEDind]

Well this is exciting is it in effect as of right now, tired of keeping that fake 💦in my truck 😂

[@RedDawnReadySF]

Fire up and keep on trucking

[@jd426]

Companies will still have their own regulations

[@trentberry1019]

Really good shit son! 25 year career class one railroader who lives in a legal state here 👋🏾! I heard a rumor that even if they say marijuana is now a schedule 3 drug the carrier still has the option to ban & test for it. Is that an issue is that person a jack wagon?

[@jvillegreen8676]

To me alcohol is worst then smoking a bowl or joint. If i drink i need at least 2 day off.

[@fischerswherethefunisright123]

I love how all these maps have Texas gray and that’s not true Texas actually in some of the cities like San Antonio Austin Houston decriminalized weed we do have CBD legalized and 0.3% THC legalized as well which is also legalized at the federal level it just took a while to make it legal at the state levelbut there’s a lot of pushback from people here to wanna make weed legal medically and recreationally so I don’t like these maps because they’re incorrect and these maps and these people doing these maps should go and actually check up and do the research before just posting stuff like this

[@JeffzGoneCrazy]

Swab testing can detect RECENT USE, get rid of the pee test 😆

[@nathanhale7444]

Their "scheduling" isn't Eve a law it's an international treaty they treat like a law. It's illegal to strip the people of any right based on a treaty. When they outlawed alcohol they had to make a constitutional ammendment then another to legalize it again no such ammendment was ever made to outlaw marajuana or any other kind of drug.

[@improvisedsurvival5967]

Marijuana is for the weak it’s a safety issue

[@dantheman9852]

Sounds like a set up with so much recreational shops about now and so many states with recreational. Needs to be dropped from 3. Should be less criminal than alcohol, imo.

[@javontebrown8865]

I think it should be a 24 hour 1 gram rule

[@patrickkem689]

It is so simple that it is becoming complexed! Here is a thought. The same law that would treat the smell of burned flower, Or upon discovery,,,treat it the same as an open container charge,,, alcohol related,,, would handle drinking and driving!

[@shanemyers758]

Omg can we have a cdl or not. All this talking give us a straight answer

[@Swiss_Chemist]

Just don’t do drugs kiddos. I was a heavy user for mental health reasons and I don’t use it anymore and you don’t need to either. There’s healthier ways to live life and if it’s for a disqualifying reason on your DOT then you probably shouldn’t be driving.

[@improvisedsurvival5967]

Exactly I don’t want dopers running trucks when my family is on the roads.

[@nanoelbatero57]

@@improvisedsurvival5967I don’t want alcoholics on road driving big trucks either.

[@nanoelbatero57]

@@improvisedsurvival5967I don’t want alcoholics nor nicotine addicts driving on the roads either but the law doesn’t help with that does it

[@Swiss_Chemist]

@@nanoelbatero57 exactly, buddy still doesn’t get it I am sober and don’t gotta throw a sissy fit about it

[@improvisedsurvival5967]

@@nanoelbatero57 marijuana is a federally controlled substance. Alcohol and nicotine are not. What’s so hard to understand about that. Just cus you don’t like it don’t change nothing about it.

[@waynewilson933]

All Government people making these dumb rules need to be drug tested also, I bet all these dumb rules wouldn't be created. Seem real fair to me

[@davidfultz6483]

If I can’t use it, pay me not to use it. Give me a revenue kick back for not being allowed to use it.

[@Mambo_sauce]

Saying you need a prescription for weed is like saying you need a prescription for alcohol 😂 makes no sense

[@xunknown6073]

Where are all the anit "big government" folks on the Marijuana issue?... Probably somewhere gaslighting about "big government."

[@willardpinson1197]

WAR time

[@user-gq2ep3sp9k]

Maybe they will drive better

[@danielsolis6854]

Trucking sucks as it is !! Now they want to add one more thing we can’t participate in..who wants to be a otr driver where’s the reward it’s all punishment

[@Granny813]

Lmfao, you can’t use alcohol within 4 hours of operating a truck? Must people need 2 days to recover from a night out drinking.

[@robertnice3060]

That's wrong info. Fmcsa says no booze 24 hours before shift. O/O here.

[@kingofkingz518]

They do realize marijuana stays in your system up to thirty to forty days

[@improvisedsurvival5967]

Trucking is a safety sensitive occupation. Marijuana isn’t for truckers.

[@greggpoppabich9281]

This is tha most stupid law & regulation. Weed is harmless unless u have mental issues then, u shouldn't b drivin' in tha 1st place....✌🏽😐❤️

[@steadfastjones5323]

Alcohol is highly addictive, for god sake,they have alcohol anonymous classes. No medical benefits. Tobacco is highly addictive and kills many every year not care I the world. Let’s not act like we don’t know why it’s a big deal. Woodrow Wilson, Reagan and so on 😂

[@GypsyNomad912]

The DOT and trucking company's are too damned intrusive..Get out of my entire life..

[@deanfiacco3165]

Alcohol and Cannabis aren’t Evan close to how impairment takes place ! To Evan suggest comparison is asinine wake the f up alcohol is drug that should be scheduled not cannabis.Semper Fi I drove truck on cannabis for yrs and had my ways around the BS test and I was in the top earners and driver dependable they called me when they wanted it there yesterday.

[@imafightfan4322]

Rescheduling is bad. Descheduling is Great.

[@improvisedsurvival5967]

Just get rid of dopers and hire clean drivers. Pay can fix this problem

[@occiferfigpucker4840]

Basically if you drive a truck. You're hauling goods. You don't get the right to smoke because you are hauling cargo that is more essential than your own needs. Get over it and do your job.

[@jefftant4211]

It's not the dayum freight or cargo as you call it. Is that a new breed term? It's the fact you are responsible for an 80,000 lb weapon going down the highway, and the safety of those around you.

[@shoretea3745]

Trucking industry is dying anyways They’ll have self driving trucks in no time . The. You can do whatever you want

[@kingjah6420]

But u can get drunk at a bar as long as it's 4hrs b4 u drive that's OK

[@juancampos6544]

Medical mj will eventually be covered under Americans w disabilities act. You shouldn't lose your job burning outside of work..

[@GaZflow]

@@kingjah6420 right 🤦if i had not smoked a joint in over four hours, I can guarantee, I’m sober. additionally any night I stayed up a little too late drinking suds, and had to work the next day. A lot of time sleeping four hours. Was not an enough time for me to feel sober by time I was starting my shift. Even had to take a sick day a few times because of my lack of judgment from alcohol inebriation. In the 35 years, never have I taken a sick day because I consumed too much THC the day before these two substances should not be classed in the same because they are not the same.

[@promisemissippimasschior]

Mary Jane user still have the drive to apply and make something of themselves not like a crack head begging for cash

[@brianhoppenrath8379]

No pot heads driving please

[@3182john]

If you feel you need to smoke pot or drink alcohol… might be time to find another career. Keep them both at home, kids.

[@D10D10]

" man made whiskey. God made pot. So stfu and give it a shot"

[@sabrinacoleman3034]

Im a driver n im still not ok with it cause i been in 2 accidents a semi hit me while i was parked n he was high! N he still got a job n still drives. The other driver smelled like weed n alcohol n ran into me tryin to pass me up in California 🤦‍♀️. I want to give up drivng because of it. I see so many accidents n over the 12 yrs i been driving! Ppl high, drunk on pills!

[@joshfuller5464]

Mouth swabs.

[@justindrake1498]

Get to the point

[@jimmywadsworth5440]

What a shit show

[@jameshorton402]

😂😅 Don't care, Alcohol has caused soo much more damage to any industry & guess what?....... It's still Legal! 😊

[@redbaron977]

Not no but hell, having the munchies to eat more crap food that’s on the road everyone will be diabetic by 35

[@nickpickle3950]

You should be able to use marijuana on your down time, obviously never using it while operating. Yes I get the whole federal vs state cannabis laws but holy shit it’s 2024 this is America let truckers have the same rights as citizens once the schedule changes. They treat us like we are on fucking probation while we keep this country running we aren’t criminals