http://www.fmcsa.dot.gov/rules-regulations/topics/medical/faqs.aspx?FAQTypeSub=1010&FaqQ=
This is regarding commercial licenses. (I was very suprised to find INSULIN as a disqualifyer). Pot is SPECIFICALLY a “NO” and it would not be a big extension to make it to passeger cars. Keep in mind to just HAVE a CDL means you have to abide by ALL the rules at all times.
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2.
Can CMV drivers be qualified while being prescribed Provigil (Modafinil)?
Provigil (Modafinil) is a medication used to treat excessive sleepiness caused by certain sleep disorders. These sleep disorders are narcolepsy, obstructive sleep apnea/hypopnea syndrome and shift work sleep disorders. Provigil has several concerning side effects such as chest pain, dizziness, difficulty breathing, heart palpitations, irregular and/or fast heartbeat, increased blood pressure, tremors or shaking movements, anxiety, nervousness, rapidly changing mood, problems with memory, blurred vision or other vision changes to name a few. Many drugs interact with Provigil which include over-the-counter medications, prescription medications, nutritional supplements, herbal products, alcohol containing beverages and caffeine. The use of Provigil needs careful supervision. Provigil may affect concentration, function or may hide signs that an individual is tired. It is recommended that until an individual knows how Provigil affects him/her, they may not drive, use machinery or do any activity that requires mental alertness.
Drivers being prescribed Provigil should not be qualified until they have been monitored closely for at least 6 weeks while taking Provigil. The treating physician and the Medical Examiner should agree that the Provigil is effective in preventing daytime somnolence and document that no untoward side effects are present. Commercial motor vehicle drivers taking Provigil should be re-certified annually.
4.
What medical conditions disqualify a commercial bus or truck driver?
The truck driver must be medically qualified to not only drive the vehicle safely, but also to do pre and post trip safety inspections, secure the load and make sure it has not shifted. Bus drivers have different demands.
By regulation, Specific Medically Disqualifying Conditions Found Under 49 CFR 391.41 are Hearing Loss, Vision Loss, Epilepsy and Insulin Use.
Drivers who require a Diabetes or Vision exemption to safely drive a CMV in addition to those pre-printed on the certification form are disqualified until they receive such an exemption.
81.
Can a CMV driver be disqualified for using a legally prescribed drug?
Although the driver has a legal prescription, he/she may be disqualified if the medication could adversely affect the driver’s ability to drive a CMV safely.
88.
Can a driver be qualified if taking prescribed medical marijuana?
No. Drivers taking medical marijuana cannot be certified.
All states have a reporting requirement. Some are mandatory some are discretionary. There is precident for pulling a license.
You also have to consider how legislators can EASILY make license forfeiture automatic under impairment rules. Insurance companies can have specific exclusions (as with other criminal acts) which makes a pot head a de facto unlicense driver in a mandatory insurance state.
The other option is to adjust the impairment rules to the point where ANY trace of use will be presumed a violation. You also adjust the testing rules to allow for a test time longer than two house as with DWI/DUI.
Either way, the trend to to say pot means no license, period. (see Ghandi and “you win” , so laugh it up)
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OK.
All states have a reporting requirement. Some are mandatory some are discretionary. There is precident for pulling a license.
You also have to consider how legislators can EASILY make license forfeiture automatic under impairment rules. Insurance companies can have specific exclusions (as with other criminal acts) which makes a pot head a de facto unlicense driver in a mandatory insurance state.
The other option is to adjust the impairment rules to the point where ANY trace of use will be presumed a violation. You also adjust the testing rules to allow for a test time longer than two house as with DWI/DUI.
Nobody said it's impossible to medical pot grounds for losing a license, so I don't know what point you're trying to make.
Either way, the trend to to say pot means no license, period.
What "trend"?