Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

It's Time to Address Outdated Marijuana Laws [Commentary]

Nearly half of states have legalized marijuana. Drivers and motor carriers are equally frustrated with current drug testing limitations.

Deborah Lockridge
Deborah LockridgeEditor and Associate Publisher
Read Deborah's Posts
June 13, 2023
It's Time to Address Outdated Marijuana Laws [Commentary]

 

Image: HDT/Canva

4 min to read


Despite a rapid rise in marijuana legalization at the state level, U.S. DOT drug-testing policy has largely remained unchanged. And that likely is forcing good truck drivers out of the industry.

Ad Loading...

Drivers and motor carriers are equally frustrated with current drug testing limitations, according to the American Transportation Research Institute in its new report, Impacts of Marijuana Legalization on the Trucking Industry.

ATRI points out that nearly half of U.S. states, 23, now have laws legalizing recreational marijuana. Half of the general population — and 41% of truck drivers — live in these states.

Ad Loading...

But the federal government lists marijuana as a prohibited Schedule I drug, in the same category as heroin and LSD.

THC, the component in marijuana that causes a “high,” can stay in the system for weeks, appearing in drug tests while no longer causing impairment. While the test weeds out marijuana users who would drive impaired, it also disqualifies drivers who use marijuana but would never drive impaired. And that is a concern for an industry that is always looking for drivers.

Truck Drivers Leaving Industry After Positive Marijuana Tests

According to data from the federal Drug and Alcohol Clearinghouse, in 2020-2022:

  • 57% of positive findings for drugs were for marijuana.

  • 73% of drivers with positive test results were still in prohibited status at the beginning of 2023, and 55% had not initiated the return-to-duty process.

  • Fewer than 5% of drivers with positive tests completed follow-up testing for RTD.

In short, truck drivers are more likely to leave the industry altogether than complete the return-to-duty process after failing a DOT drug test.

Ad Loading...

In a 2019 first-person article for HDT, a driver who went through the return-to-duty process described online trucking forums where drivers called failed drug tests a career nightmare. “Just find another career,” one driver said. “No one will ever hire you again.”

ATRI’s research seems to bear this out. Even for drivers who have gone through the return-to-duty process, its survey indicates it may be a challenge finding a job.

When carriers were asked if a prior positive marijuana test at any time in the past automatically disqualifies a driver from employment at their company, the majority (56%) indicated a willingness to hire a driver with a prior positive drug test. However, that means 44% would not even consider truck drivers with a past positive test.

Even of those who would consider it, more than half indicated that a specific time period must pass first, most commonly five years.

Solutions are a Big Question

There aren’t any easy answers here. Obviously no one wants truck drivers to operate an 80,000-pound rig while impaired by any substance.

Ad Loading...

A logical fix would be for laws to treat marijuana as we do alcohol — legal to use on your own time, but illegal to drive while impaired. This is true for the DOT drug and alcohol testing rules, as well. If a driver wants to have a couple of beers over the weekend, it's fine for him to get in his truck Monday morning. Why, ask marijuana advocates, can't cannabis be treated the same way?

The problem is enforcement. How do you know if a driver is impaired? The field-sobriety tests and blood tests that are used for determining legal alcohol impairment don’t work well for THC.

Motor carriers could take a closer look at their employment policies and consider hiring drivers who have gone through the RTD process after testing positive for marijuana, but of course there are liability and insurance issues to consider.

More research needs to be done into how to determine impaired driving following marijuana use. That could pave the way for federal legalization or regulatory changes that would remove marijuana from the Class 1 drug list.

The good news is, new laws are making it easier to research the effects of marijuana use. And the 2021 Infrastructure Investment and Jobs Act calls for the DOT to produce a report about scientific research and research barriers related to marijuana impairment while operating a vehicle.

Ad Loading...

Of course, the federal government usually moves at a snail’s pace when it comes to creating or changing regulations. I wouldn’t be surprised if marijuana was legal in nearly all states by the time we see substantive changes in DOT drug-testing rules.

A version of this editorial appears in the June print issue of Heavy Duty Trucking.

Dig Deeper with HDT's 2019 Series, Trucking Under the Influence.

Subscribe to Our Newsletter

More Drivers

Man seated in front of computer with inset of insights generated for a truck driver

Netradyne Intelligence Uses New AI Agents to Automate Response to In-Cab Camera Data

The company called the next-generation in-cab camera safety platform "a fundamental shift from systems that report on what happened to systems that actively drive what should happen next."

Read More →
Illustration of hourglass and trucks backed up to a dock
DriversJune 15, 2026

Why Truck Detention Keeps Costing Fleets Time and Money

A 2024 ATRI study found detention affects nearly 40% of truckload stops and costs the industry more than $15 billion annually. Despite the toll on drivers, fleets, and supply chains, the problem remains stubbornly persistent.

Read More →
Artist rendering of dealership with trucks and trailers parked outside
Equipmentby News/Media ReleaseJune 2, 2026

Prime Inc. to Open $7.9M Flagship Used-Truck Dealership

A new driver-focused facility to sell Prime Inc's used trucks and trailers will be the first purpose-built location in the company's history.

Read More →
Ad Loading...
Thumbnail for podcast episode
Safety & ComplianceMay 28, 2026

Short Takes: Inside K&B’s Truck Safety Tech

Listen to learn how K&B Transportation uses cellphone-blocking technology, speed management systems, weather geofencing, bridge avoidance tools, and more to improve driver safety.

Read More →
Nussbaum driver pay.
Driversby News/Media ReleaseMay 27, 2026

Nussbaum Expands Driver Compensation with Pay Raises, Profit Sharing

Nussbaum Transportation said its latest compensation package could push first-year driver earnings above $90,000 in key hiring markets.

Read More →
Lance Evans, Director of Safety at K&B Transportation.
Safety & ComplianceMay 13, 2026

Listen: Inside Modern Fleet Safety: AI, Cameras & Speed Control at K&B Transportation

Fleet safety is evolving fast—and technology is at the center of it. Learn how a former commercial vehicle enforcement officer turned director of safety at K&B Transportation is embracing real-world safety technology.

Read More →
Ad Loading...
Maverick Transportation Freightliner Cascadia.
Driversby News/Media ReleaseMay 12, 2026

Maverick Announces 2026 Driver Pay Raises

New raises for Maverick Transportation drivers will take effect on May 31, 2026.

Read More →
Alleged Ohio toll evasion truck.
Driversby News/Media ReleaseMay 5, 2026

Illinois Trucker Indicted for Nearly $22,000 in Ohio Turnpike Toll Evasion

Authorities say an Illinois trucker avoided paying tolls for two years, and now faces felony charges, possible prison time, and forfeiture of his Freightliner tractor.

Read More →
Illustration with trojan horse and lock with inside of cargo container in background
Fleet Managementby News/Media ReleaseApril 23, 2026

New Trojan Driver Cargo Theft Scam Bypasses Carrier Vetting Systems

Cargo theft rings plant operatives as drivers inside legitimate, fully vetted carriers, then execute coordinated thefts that look like a traditional straight theft from the outside.

Read More →
Ad Loading...
Female truck driver.
Driversby News/Media ReleaseApril 21, 2026

WIM, Trucker Path Name Top 3 Women-Friendly Truck Stops

ATA’s Women In Motion Council and Trucker Path highlight three truck stops that meet all seven safety-focused criteria and rank highest among female drivers.

Read More →