Possession of Marijuana

Discussion in 'Ask An Owner Operator' started by natanishe, Oct 28, 2016.

  1. natanishe

    natanishe Light Load Member

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    My driver was stopped for inspection and they found marijuana in the truck. They tested him, he passed so they let him go but they gave him a ticket for possession of marijuana. He is a cancer patient and has a medical card, which he didn't have on him at the moment.

    How will this effect my company?
     
    truckinglife1198 Thanks this.
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  3. Terry270

    Terry270 Road Train Member

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    I don't know the answer to this but I'd like to see how this plays out. Are you letting the driver go?
     
  4. x1Heavy

    x1Heavy Road Train Member

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    Your company?

    You already are ahead of the game, he is a cancer patient and has a medical card. Now Im stretching to assume that this is in a state that legalized and controls medical pot. Our state, Arkansas is not one of those.

    BTW, our pot ballots, for medical use is under appeal tomorrow. But that is a side issue. Currently it's thrown out. I voted for medical pot as a pain patient but against generalized legalized pot on ballot 6 in my state this week. That one still stands as far as I know.

    You at minimum still have a driver. At most you lose a driver and have to replace same. The actions of a driver does not always lead to actions against the company that might keep you up at night.
     
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  5. natanishe

    natanishe Light Load Member

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    Don't know yet, it's a tough decision. He is a good driver, reliable, punctual, I never had an issue with him. He hired an attorney to handle the case for him, until I speak with his attorney on Monday I won't make any decision.
     
  6. natanishe

    natanishe Light Load Member

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    Yea, I am in California.

    We'll see if it will stays recreation or medical in few weeks.

    My concern was how would it effect my DOT, as long as he is responsible and it won't effect me I won't lose sleep over it.
     
  7. Observer1

    Observer1 Light Load Member

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    One thing to remember is the active ingredient of marijuana, THC, does not show up in a urine test. You will find the metabolite of marijuana in urine though. Blood tests will show active THC. Many states have a metabolite DUI law and even having the metabolite in the blood can result in a DUI especially if it involves a crash. And not every state honors a medical marijuana card since it is still illegal federally and in most states. Just something to think about.
     
  8. natanishe

    natanishe Light Load Member

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    He got it in Texas, but we are out of CA.
     
  9. ExOTR

    ExOTR Windshield Chipper Extraordinaire

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    Wtf? Federal is far different than state, DOT doesn't care about state legislation at all. Possession would be an instant avenue for lawsuits if anything ever occurred on the road.
     
  10. ExOTR

    ExOTR Windshield Chipper Extraordinaire

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    What county in Texas? It's a misdemeanor here, possession requires either jail time or probation. We are not a "cite and release" state.
     
  11. natanishe

    natanishe Light Load Member

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    Not sure, waiting for him to bring me the ticket so I can see it.
     
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