From: Robert Swotinsky MD
Date: 10 Nov 2005
Time: 02:57:38 -0800
Remote Name: 68.166.235.15
Use of marijuana, or use of any other Category I controlled substance, is a disqualifier from commercial motor vehicle operation under FMCSA medical standard 49 CFR 391.41(b)(12). It is also not an acceptable excuse under the DOT drug testing rule, 49 CFR 40.151(e). So, the driver has two violations -- one of the medical standards, the other of the drug testing rule. The voter initiative to decriminalize possession of small amounts of marijuana does not effect the decision here.