Around 38 US states have an active medical marijuana program that allows eligible patients to possess and consume medical marijuana with a valid medical marijuana card. In order to get a medical marijuana card, you must be diagnosed with a qualifying medical condition and have some state ID to submit with your application. This means that as long as these general conditions are met, anyone can apply for a medical marijuana card, right?
Unfortunately, the answer is no. Marijuana is still classified as a Schedule I substance as per the US federal laws. Although a medical marijuana card does provide you legal protection and immunity for consuming and possessing cannabis within the borders of a state. But there are certain licenses and professions that fall under the supervision of the US federal laws and having a medical marijuana card marks you ineligible for them.
The Commercial Driving License (CDL) is one such license as it is directly regulated by the US Department of Transportation (DOT). Still, there is a lot of gray area when it comes to whether or not you can have a CDL and a medical marijuana card at the same time due to the ever-expanding medical marijuana laws across the US states.
Today, CertaMD answers whether or not you can have a CDL and a medical marijuana card at the same time through this extensive guide.
This is why you shouldn’t be driving a CMV with a medical marijuana card
Commercial Motor Vehicle (CMV) drivers go through rigorous and frequent drug tests pre-employment, during employment, and post-accidents as mandated by the Department of Transportation (DOT). Even though many US states have legalized the use of medical cannabis, a positive drug test can’t be justified by a medical marijuana card as per the DOT. Driving under the influence of cannabis, alcohol, or any other similar drug is a criminal offense across the US. Also, as a CMV driver, you’ll be driving across the states, and having a medical marijuana card from your parent state is not enough to exercise your rights as a medical marijuana patient in other US states. Not all US states with an active medical marijuana program have reciprocity agreements with other states regarding this matter.Are there any exceptions for anyone?
At the moment, there are no exceptions for anyone in this matter. You can’t have a CDL and a medical marijuana card at the same time. The Department of Transportation (DOT) has a very strict stance on this matter as frequent drug tests are mandatory for drivers having a CDL. Failing a drug test and presenting a medical marijuana card as the reason is not acceptable by the DOT. Although medical marijuana laws are changing across various US states, the DOT is more concerned with the safety on the roads. A CMV driver using medical cannabis will have impaired vision and compromised cognitive/motor skills which can definitely put a lot of lives at risk.Choosing between your CDL and medical marijuana card
Now that it is clear that you can’t have a CDL and a medical marijuana card at the same time, you have a choice to make. Either keep your CDL or your medical marijuana card. But when should you be choosing one over the other? A CDL allows you to drive CMVs as a profession, probably the primary way of earning bread for you and your family. However, driving a CMV is a very demanding job and you need to be of sound mental and physical health in order to bear the long hours on the road. On the opposite end, a medical marijuana card allows you to consume medical cannabis for a medical condition that is long-term, and traditional medications don’t have any beneficial effect on it. Keeping your medical marijuana card instead of a CDL makes obvious sense as you do need to have sound health in order to endure the long and tiring work hours of a CMV driver.Final Note
The answer is no, you can’t have a CDL and a medical marijuana card at the same time as the Department of Transportation (DOT) has a very strict policy on drug use and its impacts on CMV drivers. It’s up to you to decide if you want to keep your CDL or maintain your status as a registered medical marijuana patient.FAQs
Can CMV drivers use medical marijuana with a state-issued card?
No, the Department of Transportation (DOT) prohibits CMV drivers from using medical marijuana, regardless of state-issued cards.
What happens if a CMV driver tests positive for cannabis?
A positive drug test for cannabis can lead to disqualification from driving a CMV, even if the driver has a medical marijuana card.
Are CMV drivers subject to drug tests?
Yes, CMV drivers must undergo pre-employment, random, and post-accident drug tests as mandated by the DOT.
Is driving under the influence of cannabis allowed for CMV drivers?
No, driving under the influence of cannabis is a criminal offense for CMV drivers across the US.
Does a medical marijuana card protect CMV drivers in other states?
No, medical marijuana cards may not be recognized in other states, and reciprocity agreements vary.
