Jim L. Swart, of the Department of Transportation, issued a notice that states what should be obvious: federal regulations prohibit the use of marijuana by commercial drivers in interstate commerce, even in states that permit use of the drug for so-called “recreational” purposes. Apparently, the department has had inquiries asking about the use of marijuana by safety‐sensitive transportation employees – pilots, school bus drivers, truck drivers, train engineers, subway operators, aircraft maintenance personnel, transit fire‐armed security personnel, ship captains, and pipeline emergency response personnel, among others.

“We want to make it perfectly clear that the state initiatives will have no bearing on the Department of Transportation’s regulated drug testing program. The Department of Transportation’s Drug and Alcohol Testing Regulation – 49 CFR Part 40 – does not authorize the use of Schedule I drugs, including marijuana, for any reason. Therefore, Medical Review Officers (MROs) will not verify a drug test as negative based upon learning that the employee used “recreational marijuana” when states have passed “recreational marijuana” initiatives. We also firmly reiterate that an MRO will not verify a drug test negative based upon information that a physician recommended that the employee use “medical marijuana” when states have passed “medical marijuana” initiatives. It is important to note that marijuana remains a drug listed in Schedule I of the Controlled Substances Act. It remains unacceptable for any safety‐sensitive employee subject to drug testing under the Department of Transportation’s drug testing regulations to use marijuana.”

You may have claims against the bus or truck driver and the bus or trucking company if you were in a collision and the driver had used (or was using) marijuana. You may have the legal right to sue the driver and company for compensation for medical expenses, lost income, cost of care, pain and suffering, emotional distress, disability and other lawful damages.

Our law firm represents accident victims and their families in personal injury and wrongful death lawsuits throughout the United States. Attorney Fred Pritzker, our lead lawyer for these cases, has been interviewed and quoted by CNN, The Associated Press, The New York Times and other media. He is listed in the current edition of The Best Lawyers in America. You can contact Fred and his team for a FREE consultation HERE or at 1-888-377-8900 (toll free).