• As of October 17, 2018, adults in Canada who are at least 18 years of age may recreationally use marijuana (cannabis).
• Those commercial drivers who operate in U.S. Commerce must understand their obligations if they live or travel to Canada and are tempted to use cannabis.

The legalization of marijuana could pose a problem for border crossing motor carriers if drivers misunderstand their obligations under U.S. laws and regulations.

What does the Canadian law permit?

The Cannabis Act allows for the legal:

• Possession (up to 1.05 ounce/30 grams) of dried marijuana in public,
• Sharing (up to 1.05 ounce/30 grams) of dried marijuana with other adults, and
• Purchase of dried or fresh marijuana or cannabis oil:
  • From a provincially-licensed retailer, or
  • Online from a federally-licensed producer.

The Act also permits individuals to:

• Grow up to four marijuana plants in their homes for personal use, provided the plants are from licensed seed or seedlings; and
• Produce marijuana products, such as food and beverage, at home with the stipulation that organic solvents are not used to create concentrated products.

The Canadian government is delaying the sale of cannabis edible products and concentrates until the law has been implemented for one year.

Operating motor vehicles in Canada

At this time, commercial drivers — operating solely in Canada — are not subject to drug screens. Nevertheless, drugged-driving is illegal.

Canadian law enforcement officials realize impaired driving, for the entire motoring public, may be an issue after the Cannabis Act is in effect. In preparation, officers received training to detect drug-impaired driving and to administer standard field sobriety testing roadside. Canadian police may use a series of tests and a blood or urine sample for toxicology to determine sobriety. Officers have been given authority to demand an oral fluid or blood sample if they suspect an offense.

DOT-regulated drivers

The Canadian law may create a point of confusion for commercial drivers who reside in Canada, but operate commercial motor vehicles (CMVs) in the United States.

These drivers must adhere to the Federal Motor Carrier Safety Regulations (FMCSRs). The FMCSRs prohibit the use of any Schedule I drug. Schedule I drugs are substances categorized by the Drug Enforcement Administration (DEA) as having no currently accepted medical use and a high potential for abuse. Marijuana appears on the DEA’s Schedule I.

Drivers who are subject to DOT drug testing are unable to offer an excuse that the substance was legally prescribed or purchased in another country. Medical review officers (MROs) cannot take this explanation into account when determining a drug test result. The MRO is instructed in the DOT testing rules to declare the test positive.

All commercial drivers, not just those with a commercial driver’s license (CDL), operating in U.S. commerce cannot use or possess a Schedule I drug. During a roadside inspection, the driver and carrier will be cited under 392.4, and the driver will be placed out of service for 24 hours. But, the consequences don’t end there.

Both driver types will be disqualified from operating a CMV (383.51 and 391.15). The duration of the disqualification depends on whether the driver has any previous disqualifying convictions, that in combination, increase the penalty.

Border crossing

Anyone transporting marijuana (for personal use) across the U.S.-Canada border could be subject to criminal charges. Even if someone, for example, enters from Canada into Washington State (where marijuana is legal), U.S. Customs will not allow entry since marijuana is illegal under U.S. federal law. Crossing the international border or arriving at a U.S. port of entry with marijuana may result in seizure, fines, and/or arrest, and may impact admissibility.

Final thoughts

The topic of legalized marijuana in Canada, and in some U.S. states, should be explained in a manner that leaves no doubt in the minds of drivers. Use is forbidden of commercial drivers, even when consuming as a “tourist.”

Motor carriers should consider formal training to demonstrate the seriousness of the topic, explaining that marijuana use has far reaching impacts. Drivers could lose their livelihood or face jail time depending on the circumstances. And the motor carrier’s reputation is on the line. Use or possession of marijuana discovered during a roadside inspection will lead to a high Compliance, Safety, Accountability drug and alcohol BASIC score.