This article reports that a combination of positive marijuana tests and outdated federal regulations are causing a national driver shortage.
We make no secret of the fact that we believe proper drug and alcohol testing are crucial to maintain highway safety. Employers should be aware that if their employee injures or kills third parties it is the employer who will be responsible for damages under the legal theory of Respondeat Superior. And there is Crash Data Evidence from the NHTSA findings that THC-positive drivers have 25-35% higher crash risk.
This article gives reasons to move marijuana to a schedule III drug. But it ignores the dangers of people who are driving more than 13 tons of a vehicle under the influence of marijuana.
Summary of paragraphs in the article advocating for a change to “outdated” regulations followed by R&A comments.
“A significant number of otherwise qualified drivers fail pre-employment or random drug tests due to marijuana use,” says the new report. “These drivers are often unaware of the DOT’s strict zero-tolerance policy or mistakenly believe that legal marijuana use in their home state is acceptable under federal law.” [R&A comment – So article grown up people are supposed to be forgiven for not knowing their industry requirements. And companies can’t take an extra five minutes to explain applicable regulations?]
“When a truck driver does fail a drug test, the paper says, they’re immediately removed from duty and typically sent through a so-called “return-to-duty process,” which involves counseling, follow-up testing and a substance abuse evaluation.” “Carriers, in turn, lose experienced drivers and are forced to invest in costly recruitment efforts to fill those vacancies,” the report continues. “This cycle creates a substantial burden on both drivers and carriers.”
[R&A comment- Here are reasons why a person under the influence of marijuana should not be behind the wheel of a 13-ton vehicle:- Delayed Reaction Time – THC disrupts neural processing, slowing reflexes by 20-30% (similar to alcohol at 0.08 BAC). Drivers fail to brake or swerve in time to avoid collisions.
- Impaired Judgment & Risk-Taking – Users often overestimate their driving ability while underestimating dangers. Leads to reckless behaviors: speeding, tailgating, or running red lights.
- Poor Coordination & Motor Control – Reduced fine motor skills make steering, braking, and gear-shifting erratic. Difficulty maintaining lane discipline (weaving, drifting common in studies).
- Distorted Perception – Time dilation: Seconds feel longer, causing misjudged gaps in traffic.Tunnel vision: Ignoring pedestrians, cyclists, or peripheral hazards.
- Memory & Concentration Failure – Short-term memory lapses cause drivers to forget turns, signals, or traffic rules. Inattention to road signs, signals, or sudden obstacles (e.g., construction zones).
- Sedation & Fatigue – THC’s depressant effects cause drowsiness, especially when combined with alcohol. Microsleep episodes (brief lapses in awareness) increase crash risk.
- Combined Substance Effects – Alcohol synergy: Even small amounts of alcohol + THC multiply impairment (studies show 2x worse than either alone). Crash Data Evidence NHTSA findings: THC-positive drivers have 25-35% higher crash risk.
Conclusion
Marijuana’s impact on driving is measurable and dangerous—comparable to alcohol but with unique cognitive distortions. Legalization ≠ safety; DUI laws must treat THC like alcohol.]
James P. Randisi, President of Randisi & Associates, Inc., has been helping employers protect their clients, workforce and reputation through implementation of employment screening and drug testing programs since 1999. This post does not constitute legal advice. Randisi & Associates, Inc. is not a law firm. Always contact competent employment legal counsel. To learn more about the rights of employees who test positive for marijuana, Mr. Randisi can be contacted by phone at 410.336.0287 or Email: info@randisiandassociates.com or the website at randisiandassociates.com
