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at American Trucking Associations, says screening, they will be required to give tain that, because it’s a liability for us.”
rescheduling cannabis from 1 to 2 or a blood sample for testing, and it’s the When a crash occurs, and there is any
3 could change the situation entirely. blood sample upon which any charges detectable level of cannabis, whether
“Synthetic opiates are Schedule 2. There will be based. The roadside test is con- that person was under the influence
are situations where you could have a sidered a pilot by many and has not yet or not, it creates a major problem for
legitimate use [for a trucking employ- stood up to repeated litigation in the ATA’s constituents and the motoring
ee],” such as after an injury. Should same way roadside tests for blood alco- public in general. “We’re really trying
cannabis be rescheduled, the entire hol content, like the breathalyzer, have. to focus on highway safety, and trying
conversation around commercial drivers When asked what results she antic- to make everyone run safe on the roads.
and cannabis could shift. ipated from the recent medical and rec- Legalization is posing some challenges
In November, the Democrats took reational legalization in Canada, Potter to that.”
control of the House of Representatives. explained that because Canadian driv- After all, for the trucking industry,
Though some advocates of legalizing ers crossing the border have always been the entire conversation boils down to
cannabis are hopeful Democrats might one primary issue: safety. “It really is
attempt to legalize it on the federal a transportation safety issue. I don’t
level, Potter says she doesn’t see any think that has been a part of the con-
changes forthcoming. While she doesn’t COLORADO, NEVADA, versation, and it needs to happen,”
expect changes from this administra- says Potter. According to a study by
tion, she acknowledges the possibility OREGON, AND the Insurance Institute for Highway
another administration could make WASHINGTON HAVE Safety, Colorado, Nevada, Oregon, and
different decisions in the coming years. EXPERIENCED A 5.2 Washington have experienced a 5.2 per-
But because determining a driver’s PERCENT INCREASE IN cent increase in crashes compared with
level of impairment is still problematic, neighboring states Idaho, Wyoming,
there is not yet a good answer to how CRASHES COMPARED Utah, and Montana that have not legal-
to manage a driver’s rights under the WITH NEIGHBORING ized cannabis in any capacity. However,
ADA. Should the federal change occur, STATES IDAHO, Potter warns against assuming causa-
the public would likely support it. An tion when it could be correlation, but
October PEW Research study showed WYOMING, UTAH, considers the study “interesting.”
62% of Americans now believe canna- AND MONTANA THAT
bis use should be made legal, up from HAVE NOT LEGALIZED WHAT CAN WE LEARN FROM
around 30% in 2000. COLORADO?
CANNABIS IN ANY While safety and policy experts
UNDER THE INFLUENCE CAPACITY. within the industry are monitoring the
At the American Trucking state changes with an eye to how road
Associations’ annual executive meeting safety is affected, states can sometimes
in October, a panel convened to discuss, subject to US drug testing procedures, get caught up in the idea of additional
“Understanding the Impact: Marijuana she wasn’t expecting any dramatic tax revenue generation. Greg Fulton,
Legalization on the Trucking Industry.” changes. However, educating drivers is president of the Colorado Motor Carriers
Panel members shared perspectives on key, she said. “In states that have legal- Association, suggests that could be a
several fronts. At the forefront of their ized, we are trying to let drivers know mistake. Marijuana is cash-based—that
concerns was the fact that, if a driver that they are still prohibited from using is, dispensaries are not allowed to charge
is stopped and suspected of intoxica- these substances and also reminding a credit or debit card, because banks are
tion, there’s not currently an effective them they are prohibited from having prohibited from accepting funds from
method available for measuring the them in their vehicle, too.” Initial rates drug sales. For that reason, it can be dif-
level of driver impairment. Canada, of drug test failure may increase, simply ficult to audit the dispensaries’ records,
which legalized cannabis for medical due to a misunderstanding on the part Fulton explained. Thus, the $70 billion
and recreational purposes on Oct. 17, of drivers and other trucking employees. dollars in tax revenue brought about
is currently using the first approved Abigail Potter emphasizes that the by legalization in Colorado is, perhaps
roadside device for testing oral fluids ATA wants constituents to maintain unsurprisingly, lower than anticipated.
for THC, the substance that causes a their ability to drug test employees, par- It will likely also decrease further as
“high” in users. However, that device ticularly with cannabis. “We’ve strongly additional states legalize and Colorado
only tests for the presence of drugs in a supported hair testing, because it’s been becomes less of a dispensary destination.
person’s body; it does not test the level a very effective tool to weed out the Fulton notes that while tax revenues are
of impairment. If the driver fails the lifestyle users. And we want to main- still growing, he anticipates that growth

26 Issue 6 2018 | ARKANSAS TRUCKING REPORT