Posted on 08/06/2012 12:20:12 PM PDT by grundle
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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Pills are slow-onset, so it's difficult to adjust the dose to the minimum required at the time (aka titration); they're hard for nausea patients to keep down; and Marinol contains only one of marijuana's active ingredients. Marinol may be best for some, but certainly not for all.
Pot ‘dispensaries’ are populated by aging hippies and youngsters who are dopers
Irrelevant to the medical usefulness of marijuana.
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"?
I have three acquaintances who use medical marijuana:
1. Had a blood cancer. Treatment made him nauseous. Now in remission for two years. Hasn’t had any treatment in 18 months. Still gets his marijuana.
2. Had back problems. Debilitating. Most pain meds ineffective. Plays in a flag-football league and shares his stash with his teammates.
3. She has MS. Her symptoms have not improved, but she really enjoys her medicine while soaking in her hot tub.
Other stories abound about friendly doctors prescribing it to their friends for phantom pain management, anorexia, and various other questionable ailments.
While I am sure there are some who use medical marijuana because it is the only effective treatment for what ails them, I am also sure that there are few if any checks to see if ongoing “treatment” is necessary.
While I am sure there are some who use medical marijuana because it is the only effective treatment for what ails them, I am also sure that there are few if any checks to see if ongoing “treatment” is necessary.
So what's the answer? Throw the baby out with the bathwater by denying medical marijuana to all, even those for whom it is the only effective treatment for what ails them?
Nope. Just as I cannot get Vicodin or Oxy for forever, there should be some guidelines implement by the states for follow up. Seems that in many states there is no limit on how long one can receive this prescription, nor are there standards for efficacy.
Nope.
Good to hear - that would be immoral.
Just as I cannot get Vicodin or Oxy for forever, there should be some guidelines implement by the states for follow up. Seems that in many states there is no limit on how long one can receive this prescription, nor are there standards for efficacy.
Me, I don't have a problem with leaving medical decisions up to doctors and their patients - even if that system is "abused" by people getting recreationally euphoric without hangovers or vomiting.
suppositiories are fast acting
“Good point. Also, I’ve been prescribed medicines - including an anti-inflammatory - whose labels warn ‘do not drive after taking’ but I haven’t had my license suspended.”
I am on nerve-pain medicines. Among the many possible side affects, to varying degrees, can be: light headedness, dizziness, blurred vision, sleepiness (for example) - though no law in my state requires that I register these prescriptions with the DMV and have my driving privileges suspended “for medical reasons”.
Just like some other major medicines that warn of “drowsiness”, I know I must be careful and proactive about watching the side affects of my medicines, just as any consumer of alcoholic beverages must be when it comes to how many and what type of alcoholic beverages they’ve had before they hit the road. Why should medical marijuana be any different of an issue - it shouldn’t.
Marinol contains only one of marijuana's active ingredients, so it's useful only for patients who need only that active ingredient.
it is ALREADY grounds to revoke a license and where actual impairment is at issue physicians are OBLIGATED to report the impairment. it is the law NOW.
So if a physician considers the use an impairment then that person MUST be reported. period.
anyone who is perscribed pot is INELIGIBLE to hold or maintain a cdl. it is the law.
use pot you can’t drive commercially (or even off duty),
use pot and a your regular non pothead doctor may have the affirmative duty to report your use of pot as an impairment to safety.
read.
smoking dope causes ill effects in the lungs (regardless of the ereason why) ingesting food or tea still takes as long as most pills. Just suck it up and admit that you like smoking dope and be done with it
And yet, many states have enacted medical mj policies. Do you support their 10th Amendment authority to do so... yes or no?
that wasn/t even part of the discussion
The article mentions the 10th Amendment several times, as well as the Wickard Commerce Clause. It’s an on-topic question. What is your answer?
I am not a ‘purist’ as some are. Federal drug laws have been on the books and upheld by various courts for the better part of a century. One of the libertarian persuasion may well want to have all laws over turned since the federal government should do nothing other than provide a military for defense at home. I am not that extreme. The ones who want to rant and rave over all of the tenth amendment violations can go ahead and have at it.
Using a vaporizer avoids the harms of smoking. And many medicines have harmful side effects - but we don't for that sole reason ban them or declare them medically useless.
Just suck it up and admit that you like smoking dope and be done with it
I don't smoke dope. Your resort to argument ad hominem is duly noted.
FYI, Jim Robinson appears to be an "extreme" "purist" "who wants to rant and rave" - when asked, "Do you want to legalize only HALF the dope in this country?" he replied, "Only in the half of the states that would." He then went on to quote the text of the Tenth Amendment.
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