INDUSTRY CONNECTIONS
High and Dry
SCHOOL BUS DRIVERS WHO USE MARIJUANA ALLOWED BY STATE LAW STILL FACE CDL DISQUALIFICATION
WRITTEN BY RYAN GRAY Last month, laws went
into effect in Colorado and Washington State that allow the use of recreational marijuana by residents. But what do the laws mean to school bus drivers and oth- ers who hold a CDL? Te U.S. Department of
Transportation weighed in on Dec. 3 with a memo that essentially advises CDL holders to not light up or face the consequences as a result. Jim Swart, director of the Office of Drug and Alcohol Policy and Compliance, said that the federal Controlled Substances Act classifies marijuana as a Schedule I drug, and the law supersedes any state law. Further, the DOT’s Drug and Alcohol Testing Regulation, 49 CFR Part 40, does not autho-
22 School Transportation News January 2013
rize the use of Schedule I drugs for any reason, and marijuana use remains unacceptable for any safety‐ sensitive employee, such as school bus drivers, who are subject to the drug testing regulations. Swart added that Medi-
cal Review Officers would continue to flag positive tests that originate from Colorado or Washington or from states with limited laws allowing medical mari- juana prescriptions. Allan J. Jones, state
director at the Office of the Superintendent of Public In- struction in Olympia, Wash., said a positive test still results in a CDL disqualification in addition to the substance abuse evaluation. Applica- tions for a reinstated CDL carry with it a fee of $175.
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