The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) recently released a report sharing new data on U.S. truck drivers. The report consists of a year-end compilation of data from 2023, as well as data specifically from December 2023, published by the Drug and Alcohol Clearinghouse. This includes other data regarding “queries conducted, violations reported, and drivers in the return-to-duty (RTD) process.”

The report shows that there has been an increased number of truck drivers with positive drug tests in 2023, as well as a high number of drivers who refused to be screened. The number of registered truck drivers has dropped every year since 2020, landing at the current number of 858,000 in 2023. Trucker drug violations rose between 2022 and 2023, with 67,775 recorded in 2022, followed by 68,229 in 2023. However, the number of trucker drug tests decreased, with 57,597 in 2022 and 54,464 in 2023. 

The FMCSA wrote that there were fewer trucker screenings overall because they refused to be tested. “We’ve observed that even though the number of positive drug tests dropped for the first time in relation to the previous calendar year, the number of overall drug violations reported to the Clearinghouse continued to increase.”

“The overall rise in drug violations in 2023, even though there are fewer positive tests, is attributed to a nearly 40% increase in reported drug test refusals—9,214 in 2022 versus 12,804 in 2023,” the report stated. “Drug test refusals include employer reported refusals like failing to show up for a random test, or leaving a test collection facility after a test has begun but before it’s complete.”

A more complete breakdown shows that in 2020, there were 44,243 positive drug tests (with 7,092 refusals). This was followed by 48,407 positive drug tests in 2021 (with 7,941 refusals), 57,597 positive drug tests in 2022 (with 9,214 refusals), and finally 54,464 positive drug tests in 2023 (with 12,804 refusals).

Alcohol drug tests are also conducted for truck drivers, although the rate of positive alcohol tests pales in comparison to positive drug tests. In 2020, 697 truck drivers tested positive for alcohol (with 257 refusals), followed by 859 positive tests in 2021 (with 305 refusals), 904 positive alcohol tests in 2022 (with 330 refusals), and finally 1,036 positive alcohol tests in 2023 (with 315 refusals).

Overall, drug tests had decreased over time for all major substances. This includes cannabis (40,916 positive tests in 2022 versus 37,657 in 2023), cocaine (10,953 in 2022 versus 10,326 in 2023), methamphetamine (5,569 in 2022 versus 4,515 in 2023), and amphetamine (5,349 in 2022 versus 4,222 in 2023).

The news outlet Transport Topics discussed the newest data from the report. The article points out that the one thing that hasn’t changed is that drivers who previously tested positive for one of the aforementioned drugs, a majority of them did not return to driving. “Of the 226,598 CDL/CLP [commercial driver’s license/commercial learner’s permit] drivers who tested positive for at least one drug since the Clearinghouse opened in January 2020, 158,330 remain in ‘prohibited driving status,’” Transport Topics wrote. “A total of 68,268 drivers with at least one violation are currently in ‘not-prohibited status,’ and 15,699 drivers have successfully completed follow-up testing.”

American Trucking Associations (ATA) senior vice president of regulatory affairs and safety policy, Dan Horvath, explained that the Clearinghouse system is the leading cause of a decrease in positive drug tests for truckers. “While there could be a few unknown variables that are impacting the decline, I’m cautiously optimistic that the decline in the number of positives is simply because the Clearinghouse is working,” Horvath told Transport Topics. “We are now more than four years into having an active Clearinghouse system, and I’m hopeful that the message is out there that illegal drug use will be detected.”

Horvath also added that this data shows the increase in education for truckers, and knowledge about the consequences of receiving a positive drug test. “Motor carriers have increased the education they provide to drivers to ensure they are aware of the consequences of testing positive. Now, we must ensure that oral fluid testing labs are approved so that carriers can begin using that testing method if they choose,” Horvath said. “ATA has also reiterated the need to correct and finalize the long-overdue hair testing guidelines that have been in Office of Management and Budget review for over a year now.”

American Transportation Research Institute senior vice president, Dan Murray, also provided a comment about the drug test changes seen in 2023 data. “2023 was a really bad year for the trucking industry.” We were technically in a recession,” said Murray. “So I think the number of people entering the industry was considerably smaller than the previous years.”

Murray believes that truckers are leaving the industry before they get drug tested, knowing what will happen. “So I think some people are proactively thinking ‘Well, before I get caught, I’m outta here,’” Murray explained. Additionally, he thinks that another portion of drivers don’t want to risk their jobs. “They say, ‘It’s not worth it to push my luck. If I use, I’m going to get tested. If I get tested I’m going to lose my job. So it’s time to clean up my act.’”

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The Virginia Department of Forensic Science (VDFS) recently released a report regarding its federal funded study to research reliable testing methods for detecting THC in blood.

DFS was originally granted $290,353 in 2020 by the Department of Justice’s National Institute of Justice. “The goal of this research project is to develop and validate an automated sample preparation technique for the quantitative evaluation of an expanded cannabinoid panel (CBD, CBN, THC, THC-A, CBC) in biological matrices…” stated the award description.

More than $1,188,390 million was available in total, and the sum was divided between a total of five projects. “The ever-changing climate of cannabis decriminalization and/or legalization has significantly impacted forensic laboratories and is anticipated to increase the caseload in forensic toxicology,” the description added. “In addition, products claiming to contain other cannabinoids, including cannabidiol and tetrahydrocannabinolic acid, have become widely available.”

Four years later, VDFS has released a 107-page report in February about its findings. The report shows the detailed process of separating THC metabolites, experimenting using different types of blood (bank blood, antemortem blood, postmortem blood, and also urine).

Ultimately, researchers developed a process to identify different cannabinoids. “Within the research project, a method was developed for the quantitative and qualitative evaluation of cannabinoids in biological matrices using supported liquid extraction,” the report stated. “The methodology employed LCMSMS [liquid chromatography with tandem mass spectrometry] with two analytical columns of different stationary phases to enhance the confirmation of cannabinoids.”

LCMSMS was used to help determine the slight differences between cannabinoids. “To enhance the selectivity of LCMSMS, a two-column chromatographic method was developed to enable additional confirmation regarding the identity of a compound,” researchers wrote. “Within the validations, the evaluation of interferences from other cannabinoids was critical in the assessment of the method and its validity.” 

VDFS was also awarded grant funds of $441,886 in 2023 with the intention of developing methods and tools to study other psychedelic compounds. “The detection of psychedelic compounds including psilocybin and N,N-dimethyltryptamine (DMT) poses an analytical challenge in biological specimens due to their rapid metabolism and known structural instability,” the award description stated. “An analytical workflow for the identification and quantitation of these compounds and their main metabolites needs to consider appropriate long term storage conditions and sample preparation parameters to minimize the implications associated with their inherent instability.”

This research effort was also one of five studies chosen to receive a portion $1,928,846, all with the intent of “identification of the most efficient, accurate, reliable, and cost-effective methods for the identification, analysis, and interpretation of physical evidence for criminal justice purposes.”

The discussions surrounding cannabis testing and how to accurately measure impairment have long been contested. One published in 2022 in Scientific Reports found evidence that neither THC detected in breath or in blood is a reliable way to indicate impairment. “Our findings are consistent with others who have shown that delta-9-THC can be detected in breath up to several days since last use,” researchers wrote. “Because the leading technologies for breath-based testing for recent cannabis use rely solely on the detection of delta-9-THC, this could potentially result in false positive test outcomes due to the presence of delta-9-THC in breath outside of the impairment window.”

President Joe Biden signed an infrastructure bill in November 2021, which included a provision that required the Department of Transportation to complete a report that includes recommendations on providing researchers with cannabis in order to study drivers under the influence of cannabis. That report was supposed to be completed by November 2023, but has not yet been delivered. 

Sen. John Hickenlooper reached out to the National Highway Traffic Safety Administration in November 2022 to receive an update on the report. “Preventing distracted or impaired driving is a key step towards the goal of reducing traffic fatalities and improving roadway safety. In 2021, nearly 43,000 fatalities occurred from motor vehicle crashes, which is among the highest annual totals in decade[s],” Hickenlooper wrote. “While the IIJA includes many laudable provisions to establish performance standards for crash avoidance technologies, evaluate monitoring systems to reduce distracted driving, and issue rules to detect a driver’s impaired status, many ambiguities around defining marijuana-impaired driving underscore the importance of clarifying this policy uncertainty.”

In October 2023, a study conducted by the University of Colorado Anshutz Medical Campus analyzed how to more accurately detect cannabis. “Since THC accumulates and lingers in fat tissue, daily cannabis users may maintain constant elevations of THC in the blood even long after the psychoactive effects abate,” said Michael Kosnett, MD, MPH. “There has been a lot of concern about whether the use of cannabis has been associated with an increased risk of motor vehicle crashes or accidents in the workplace.”

The research team measured whole blood THC and its metabolites, and calculated two blood cannabinoid molar metabolite ratios. Researchers determined a 98% specificity rate when examining if a person had consumed cannabis within 30 minutes.

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Travis and Jason Kelce—probably the most famous brothers to play recently in the NFL—discussed how weed-related suspensions can haunt players for years to come in a recent podcast. But for Travis it changed the course of his career, sending him on a path as a tight end for the Kansas City Chiefs.

In a recent podcast New Heights with Jason & Travis Kelce, they discussed the year-long suspension that haunted Travis after he tested positive for THC in 2010 while playing for when Travis played college football for the University of Cincinnati Bearcats. In 2013, the Dallas Cowboys passed on him in an interview while scouting for talent, he explained in the podcast.

After testing positive for THC in a drug test, was suspended the entire 2010 season for what the Bearcats called a “violation of team rules,” which was in fact failing a drug test for cannabis. When he tested positive, Travis was in New Orleans for the 2010 Sugar Bowl with Cincinnati. Not only was he judged and ridiculed for supposedly being immature for smoking pot, but it ended up having serious consequences at the NFL’s annual combine where they scout out new talent for future NFL stars. 

USA Today reported that while future Kansas City Chiefs coach Andy Reid had faith in him, regardless of the failed drug test and subsequent suspension, “America’s Team”—the Dallas Cowboys—declined to accept him at the annual NFL combine in 2013, instead recruiting someone else. He recalled the course of events that year on the podcast, as his brother Jason pressed him for more details.

“At the combine, I had some bad interviews,” Travis said. “The Cowboys, they were kind of pressing me about having this red flag of missing a year—smoking weed. I don’t know if I was having a bad morning, I basically was just, I don’t even know if I want to say this.”

While Travis seemed reluctant to discuss it, Jason encouraged his brother to elaborate.

“It ended really fast,” Travis added. “I basically just said, ‘If you guys think I’m gonna be that kind of guy or you’re questioning if I’m still that person after everything that I’ve battled through to get to where I am now from missing a season, then you guys probably go somewhere else and pick somebody else.’ That is exactly what they did.”

So who did the Cowboys recruit instead of Kelce? The Cowboys ended up drafting tight end Gavin Escobar in the second round. He spent five seasons in the league, catching just 30 passes for 333 yards and eight touchdowns. In 2023, Travis caught 984 receiving yards, with 1,138 receiving yards in 2022.

Escobar ended up being the 47th overall pick in 2013, while Kelce fell to 63, the first selection of the third round, by the Kansas City Chiefs.

The episode was shared March 2 on social media.

Kelce’s Suspension Changed the Course of His Career

The brothers have discussed the 2010 suspension several times before. In an earlier podcast in December 2023, episode 231 of Bussin’ With the Boys, Travis mentioned his 2010 suspension and explained that it actually led him from switching positions as quarterback to tight end.

“What it did was it really kicked me into the tight end room,” Travis said. “I was still playing QB then. It was like, ‘Alright, you can come walk on the team, but we don’t need a quarterback. You can just be an athlete on scout team for a year, we’ll figure it out.’”

The tight end acknowledged how much things have changed. Travis in particular has opened up before about how common pot is for NFL players, and how they typically get away with it despite drug tests.

In June 2023, Travis estimated that up to 80% of players in the NFL smoke pot. “If you just stop [smoking weed] in the middle of July, you’re fine,” he said. “A lot of guys stop a week before and they still pass [drug tests] because everybody’s working out in the heat and sweating their tail off. Nobody’s really getting hit for it anymore.”

Former tight end Martellus Bennett estimated that closer to “89 percent” of NFL players smoke pot, and former running back Ricky Williams, who was also suspended for smoking pot, suggested “at least 80%” of players did the same. Williams, Marshawn Lynch, Tiki Barber, Calvin Johnson, and others have also invested in pot-related companies.

This aligns with what is seen in other pro sports leagues like the NBA and MMA organizations like the UFC. 

Jason also recently announced his retirement from the NFL after playing for 13 seasons.

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Applicants for employment in Washington gained new protections on Monday as a new law barring discrimination based on a worker’s off-duty cannabis use went into effect throughout the state. The legislation, Senate Bill 5123, was signed into law by Democratic Governor Jay Inslee in May 2023 after being passed by state lawmakers three weeks earlier.

Under the new law, employers in Washington are barred from taking action against newly hired workers for using cannabis off the job and away from the workplace. The prohibition also applies to new employees who have failed an employer-required drug screening for non-psychoactive cannabis metabolites in their hair, blood, urine or other bodily fluids.

Pre-employment drug screenings for cannabis will still be allowed for workers applying for certain safety-sensitive positions. The legislation also includes exceptions for law enforcement officers, firefighters and other first responders, as well as candidates for positions in certain industries such as airlines and aerospace. Jobs that require a federal background check or security clearance are also exempt from the law.

Drug Tests Still Allowed for Current Workers

The new law also does not affect workplace policies that require current workers to undergo drug tests for cannabis use while off the job. As the bill was being considered by the Washington state legislature last year, Democratic Senator Karen Keiser, the bill’s sponsor, noted that the legislation does not apply to employees after the hiring process is completed. 

“If your employer wants to test you every week after you’re hired, they’re still able to do that,” Keiser said in a statement quoted by the Seattle Times. “This is simply opening the front door of getting into a job. Because too many people who see that they have to take a drug test to even apply, don’t even apply.”

Supporters of the legislation note that most currently available drug screenings for cannabis do not detect or measure impairment from marijuana use. Instead, they rely on detecting metabolites present in the system after a person uses weed. Burl Bryson, the executive director of The Cannabis Alliance, told lawmakers at a public hearing in January that potential job candidates can consume cannabis legally “and still test positive for weeks later.”

“If the same approach were applied to alcohol, employers would refuse employment to anyone who enjoyed a beer or glass of wine on the weekend,” Bryson said.

“It simply doesn’t make sense to base an employment decision on that kind of unreliable outcome and test,” Keiser told her colleagues on the Senate floor before they voted in favor of the legislation.

Paul Armentano, the deputy director of the National Organization for the Reform of Marijuana Laws (NORML), said that laws for workplace drug screenings must evolve as cannabis is legalized in states across the nation.

“Urine screening for off-the-job cannabis consumption has never been an evidence-based policy,” he said in a statement from the cannabis policy reform advocacy group in May. “Rather, this discriminatory practice is a holdover from the zeitgeist of the 1980s’ war on drugs. But times have changed; attitudes have changed, and in many places, the marijuana laws have changed. It is time for workplace policies to adapt to this new reality and to cease punishing employees for activities they engage in during their off-hours that pose no workplace safety threat.”

“Those who consume alcohol legally and responsibly while away from their jobs do not suffer sanctions from their employers unless their work performance is adversely impacted,” Armentano added. “Those who legally consume cannabis should be held to a similar standard.”

NORML noted that numerous studies have shown that workers who use cannabis while off the job do not pose an increased safety risk compared with employees who do not consume marijuana. In a detailed review of the relevant data, the US National Academy of Sciences found that “There is no evidence to support a statistical association between cannabis use and occupational accidents or injuries.”

Washington is not the only state where laws protecting workers who use cannabis while off the job are going into effect with the dawn of the new year. In California, a new law to prohibit employers from taking action against employees who test positive for cannabis in a hair or urine test also went into effect on Monday.

Nevada and Michigan have also recently adopted legislation to protect new hires from pre-employment discrimination based on their use of cannabis. Other jurisdictions including Connecticut, the District of Columbia, Montana, Minnesota, New Jersey, New York and Rhode Island have expanded policies to limit cannabis testing for both new hires and existing employees. 

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On June 22, U.S. Forest Service (USFS) deputy chief for business operations Tony Dixon published a statement exploring the relationship and impact of cannabis on federal employees.

“Over the last 10 years or so, our views around the use of marijuana have shifted radically,” Dixon stated. “Many states have legalized use of marijuana for medicinal purposes, and some have even allowed recreational use in much the same manner as tobacco or alcohol products. But where does that leave the federal government?”

Like other federal agencies, USFS employees are subject to the same federal laws as everyone else. However, he also explained the ongoing problem of federal employees not passing drug tests. “As a result of the confusion around these state-by-state changes, there has been a noticeable uptick in cases of employees failing drug tests,” he said. “Those results have been associated with the legalization of marijuana and have resulted in corrective action, including suspensions and loss of employment.”

Depending on the agency, some people are disqualified from applying if they have consumed cannabis within one year up to five years. The Federal Bureau of Investigation (FBI) previously required applicants to abstain from cannabis use for up to three years in order to be eligible for a job, although that was changed to one year back in July 2021.

The U.S. Secret Service used to allow applicants 24 or younger to apply for a job if they were cannabis-free for one year, and those 28 and older would need to be cannabis-free for at least five years. However, in May the agency updated its rules to allow applications to be reviewed for those who consume hemp-derived cannabis products within one year prior to the application.

According to Dixon though, cannabis can prevent employees from doing their work. “I value all my co-workers and want to ensure that we all continue to do the work we love in a safe environment,” he added. “I don’t want to see anyone penalized or even lose their jobs for something that could easily be avoided.”

“Many Forest Service employees already work in risky environments in the service of our communities,” he continued. “We want you to be aware of how this choice could have a negative effect on the rest of your lives. So, I wanted to take this time to refresh everyone on regulations and expectations placed upon us as Forest Service employees.”

Dixon addressed CBD as well, warning that some products inaccurately label products which contain trace amounts of THC and could potentially lead to a positive drug test. He also provides information for the Substance Abuse and Mental Health Administration’s National Helpline, and online resources for treatment for those “struggling with addi[c]tion.”

“Above all, I want to make sure that at the end of the day, no one’s employment is affected or cut short by situations that are within our control,” Dixon concluded. “Please remember that no matter the state, as a federal employee, you are always subject to federal law.”

Although Dixon suggests that federal employees should abstain from cannabis use, and cites substance abuse services if they have trouble doing so, some studies have found evidence that many substances can be used to treat certain forms of addiction. 

The results of a study published in JAMA Psychiatry in August 2022 found that psilocybin can be used to treat alcohol misuse disorder. 

In October 2022, a study published in Substance Use & Misuse stated that four out of five patients featured in the study reported a decrease or reduction in opioid use after using medical cannabis. “The findings suggest that some medical cannabis patients decreased opioid use without harming quality of life or health functioning, soon after the legalization of medical cannabis,” researchers explained.

In March, researchers wrote in an Addiction Neuroscience journal study that CBD helped female rats curb opioid addiction. “The ability of [whole-plant extract] to reduce opioid reward and drug seeking behavior appears quite robust and of great clinical utility,” researchers wrote. 

Another study published in the journal Expert Review of Neurotherapeutics earlier this year in April also found that many chronic pain patients who consumed cannabis for six months decreased their use of opioids. Researchers also found that “…patients prescribed oils or both types of CBMPs experienced reduced anxiety and an improvement in their ability to perform daily activities,” the authors wrote.

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Former Pittsburgh Steeler Le’Veon Bell said in a recent podcast that he’d score touchdowns and win games—even if he smoked pot beforehand.

Bell, who is now a free agent, had short runs with the Kansas City Chiefs, Baltimore Ravens, and Tampa Bay Buccaneers after leaving the Pittsburgh Steelers—the place he truly calls home in his professional football career. CBS News reports that Bell spilled the details in a recent podcast about how often he’d smoke, even before the game.

During Bell’s run with the Steelers from 2013 to 2017, he chalked up 5,336 rushing yards, 2,660 receiving yards, and averaged 5.2 yards per touchdown. Bell also earned two All-Pro selections and had three 1,000-yard rushing seasons. In 2015 and 2016 he was voted as one of the NFL Top 100. He apparently rushed many of those touchdowns stoned.

On Episode 30 of the “Steel Here” podcast, Bell explained how he smoked pot before some of his best performances for the Steelers.

“Looking back, that’s what I did,” Bell said. “When I was playing football, I smoked. Even before the games, I’d smoke and I’d go out there and run for 150, two (touchdowns).”

In 2019, Bell signed a four-year, $52.5 million deal with the New York Jets, which didn’t last too long. Bell hasn’t played professional football since the 2021 season, but has no plans to retire from the league anytime soon. A contract dispute led to his departure with the Steelers, but he hopes to eventually retire with them.

“It literally was the guarantee. They weren’t budging off of it and I wasn’t budging off of it. I didn’t want to leave Pittsburgh,” Bell said. “At the end of the day, that’s where I was at. That’s where I got drafted at. Especially after going to different teams and seeing how it is, when a team has their guy, you’re their guy. I was Pittsburgh’s guy.”

In 2021, the National Football League (NFL) made significant changes to its guidelines, so now players are only required to drug test for cannabis just once at the beginning of training camp.

“I’m trying to retire with Pittsburgh,” Bell said. “But before I do that, I might be like, ‘Hey, let me get a couple carries in the preseason so I can show you all something.’”

The NFL and Pot Policy

The NFL is easing up on cannabis policies like most other major sport leagues. Last year, the NFL took another step forward by awarding funds to two cannabis research initiatives focused on the effectiveness of cannabis as a treatment for pain management.

The NFL is currently exploring cannabis-based medicine for the treatment of pain, given that the alternative is usually opioids. The NFL announced in a press release on February 1, 2022 that it would be presenting $1 million to two different researchers at the University of California, San Diego (UCSD) and University of Regina (UR), which is located in Canada. Both research groups will be focusing on how cannabinoids can aid in general pain management, with a few other goal studies as well.

The NFL-NFLPA Joint Pain Management Committee (PMC) called for research proposals in June 2021, asking for researchers to assist with PMC’s knowledge about pain management and athletic performance.” The committee received a total of 106 submissions, which was narrowed down to 10 finalists by the NFL Research and Innovation Committee. 

In the meantime, players are likely smoking. It mirrors what has been said about other major sports leagues such as the National Basketball Association (NBA). (Jay Williams estimated that 80% of NBA players smoke weed; Al Harrington guesses the number is a bit higher.)

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If a bill passes in Pennsylvania, medical cannabis patients will no longer be at risk of being charged with a DUI just because drug tests show the presence of THC in their system, the Pittsburgh Post-Gazette reports. However, that doesn’t mean you can drive while impaired if you have a card, nor does it apply to anyone who uses cannabis without a medical card. 

Rather, the introduced legislation attempts to address a long-standing problem since cannabis legalization. As many readers know, THC can show up in your urine 30 days after you consume it and up to 90 days for heavier users. Therefore, arresting people for DUIs because their drug test shows the presence of THC would be like issuing out DUIs to a driver who hasn’t had a drink in a month. The bias in drug testing against cannabis, one of the safest drugs, doesn’t only come up regarding alcohol. Cocaine leaves your urine after about three days, as does heroin. Meth can hang around for six days. When a person fails a drug test for any reason, it’s often just because they smoked some weed. 

We know that cannabis is generally safe to consume, and a recent Canadian study even found that weed legalization does not lead to more car crashes. However, it’s understandable that folks are concerned about impaired drivers. But, under current Pennsylvania law, police can charge drivers with a DUI when marijuana use is detected, regardless of the level of impairment or time of consumption. 

“In 2016, the PA General Assembly voted to legalize medicinal use of cannabis. Sadly, the legislature failed to provide these patients the same privileges afforded to others who have legal prescriptions for a scheduled medication,” reads a cosponsor and bipartite memo from Rep. Chris Rabb, D-Philadelphia, and Rep. Aaron Kaufer, R-Luzerne. “Medicinal cannabis patients regularly contact our offices concerned that state law makes it illegal for them to drive,” they continue. 

Currently (and thankfully), Pennsylvania is an outlier and only one of a handful of states which have zero tolerance for controlled substances. Thirty-three states (even somewhere cannabis is still mostly outlawed) require proof of actual impairment at the time of being pulled over. Last session, Pennsylvania representatives introduced similar legislation but got stuck in the government’s quicksand and didn’t make it out of the Transportation Committee. Additional attempts to solve this issue arose in the state Senate. The Senate Transportation Committee approved Senate Bill 167 last June. However (more government quicksand) the bill didn’t even get a vote in the full Senate before the 2021-22 legislative session closed.

“During a Senate Transportation Committee meeting last September, representatives of the Pennsylvania State Police testified that the bill would not adversely impact their mission to keep the highways and byways of the Commonwealth free of impaired drivers,” Sen. Camera Bartolotta, R-Washington, the prime sponsor of SB 167, said in a statement at the time of that committee vote, the Pittsburgh Post-Gazette reports. Considering more than 425,000 Pennsylvania residents have active patient certifications allowing them to use medical marijuana in Pennsylvania, let’s hope this issue resolves sooner rather than later. 

Reasonable Pennsylvania officials are currently trying to make cannabis laws more rational in other ways. Sen. Mike Regan, R-Cumberland, and Sen. James Brewster, D-McKeesport announced plans earlier this year for legislation allowing doctors to certify patients to use medical cannabis for any condition rather than the state’s current limited medical list. On a map of which states have legalized adult-use, Pennsylvania sticks out like a sore thumb that hasn’t.

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According to a Quest Diagnostics Drug Testing Index Analysis that was published on May 18, post-accident workplace drug testing hit an all-time high in 2022. Last year, 7.3% workforce drug urine samples contained cannabis, in comparison to 6.7% of workers in 2021. Quest Diagnostics states that it has recorded a steady rise in post-accident cannabis positivity since 2012, with a 204.2% increase in workers testing positive for cannabis over the past 10 years. Between 2002-2009, post-accident positive test results had decreased.

Katie Mueller, National Safety Council senior program manager, said in a press release that the rise in legalization corresponds to an increase in workplace accidents. “Intoxicating cannabis products, including marijuana, can have a major impact on safety at work and have been proven to slow reaction time, impact memory and impair skills essential to driving. State legalization of the drug creates new challenges for employers,” said Mueller. “The Quest data provide compelling evidence that increased use of cannabis products by employees can contribute to greater risk for injuries in the workplace. It is imperative employers take the proper steps to create and maintain a policy that addresses cannabis use, build a safety-focused culture and educate the workforce to keep all workers safe on and off the job.”

The report states that cannabis was the main reason that workers’s drug tests have been positive, but other substances such as amphetamines have also contributed to the increase, with cannabis increasing by 10.3% and amphetamines increasing by 15.4%. In 2022, the most common industries that saw a rise in positive workplace drug tests were Accommodation and Food Services (7%), Retail Trade (7.7%), and Finance and Insurance (3.6%).

Keith Ward, Quest Diagnostics General Manager and Vice President for Employer Solutions, 

“Our 2022 Quest Diagnostics analysis shows that the overall U.S. workforce positivity rate continued to be at a historically elevated level in 2022, even as much of the nation’s workforce returned to the office post-pandemic,” said Ward. “This historic rise seems to correspond with sharp increases in positivity for marijuana in both pre-employment and post-accident drug tests, suggesting that changing societal attitudes about marijuana may be impacting workplace behaviors and putting colleagues at risk. The increase in amphetamines positivity is also notable, given the addictive potential and health risks associated with this class of drugs.”

While safety is of the utmost importance in any workplace, the Quest Diagnostic data does not address how cannabis can remain in a person’s system for weeks after consumption, long after the effects have faded. With the rise in cannabis legalization, many industries are becoming more understanding of how cannabis is being commonly used as a relaxation aide, as well as treatment for common conditions like anxiety, depression, and more.

In February 2021, the Biden Administrations announced a new policy that would allow applicants to be hired even if they had previously consumed cannabis. “The White House’s policy will maintain the absolute highest standards for service in government that the President expects from his administration, while acknowledging the reality that state and local marijuana laws have changed significantly across the country in recent years,” the policy stated.

In September 2022, New Jersey regulators issued employment guidance for cannabis rules in the workplace, which “is meant to support employers’ right to create and maintain safe work environments, and to affirm employees’ right to due process.”

Additionally, a Canada-based study from 2020 found no association with cannabis use and increased workplace injuries. It analyzed 136,536 workers, 2,577 of whom experienced a work-related injury within the last 12 months, and only 4% stated that they were cannabis users during that time frame.

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Officials in Virginia are exploring ways to deter drivers from getting behind the wheel after getting stoned, the latest effort by the commonwealth to smooth out its new adult-use cannabis law.

The Virginian-Pilot reports that the “the Virginia Crime Commission — an arm of the General Assembly tasked with studying issues of criminal law and making recommendations — [has] discussed some potential steps police and sheriff’s offices can use to crack down on driving while high,” and that the “commission is expected to meet Dec. 5 to draft their proposals for the legislative session that begins in January.”

“One thing under consideration at the commission’s Nov. 16 meeting: changing state law to allow roadside screening devices in which officers and deputies can have a driver swab his or her cheek in order to gather saliva to test for marijuana and other drugs,” the outlet reported this week. 

“Virginia officials said the ‘oral fluid tests’ under consideration to detect marijuana intoxication are similar to a ‘preliminary breath test’ — a roadside test for alcohol. The test results, while not admissible in court, can help determine when the cannabis was consumed, and can be combined with other factors to get probable cause for extensive blood testing,” the publication continued. 

Kristen Howard, the executive director of the Virginia Crime Commission, told the Virginian-Pilot that officers can “swab the inside of someone’s mouth, and you get a positive or negative and it just gives you some indicators.”

“It’s designed to hone in on the recentness of use — how many hours ago you used this drug,” Howard explained.

The moves come within a month of a survey from the Virginia Cannabis Control Authority (CCA), which showed that a high number of Virginians are comfortable toking and driving. 

According to the survey, roughly 23% reported consuming pot in the past three months and about 14% of drivers in the state said that they have driven high several times in the past year. 

The survey also showed that a third believe marijuana improves their ability to drive safely. 

Virginia officials sounded the alarm on the survey results.

“These results are worrying and underscore the General Assembly was right to direct the CCA to undertake a safe driving campaign,” said John Keohane, a board chair of the Cannabis Control Authority.

Jeremy Preiss, the CCA’s Acting Head and Chief Officer for Regulatory, Policy, and External Affairs, said that the agency must make the issue a priority.

“As a public safety and public health agency, the CCA currently has no greater priority than creating a well-funded, aggressive, and sustained campaign aimed at reducing the incidence of marijuana-impaired driving,” Preiss said. 

Virginia legalized recreational cannabis last year, becoming the first state in the south to do so. 

But that came under a Democratic governor, Ralph Northam. Republicans took back the governor’s mansion last year when Glenn Youngkin was elected. 

Youngkin said from the start that he has no interest in rolling back the marijuana law, but his election––as well as Republicans winning back control of the state House of Delegates––has stymied its implementation.

The Democratic-controlled state Senate passed a bill earlier this year to fast-track the launch of recreational pot sales, but the legislation was rejected in the House.  

Prior to taking office earlier this year, Youngkin spoke about his vision for the new cannabis program.

“When it comes to commercialization, I think there is a lot of work to be done. I’m not against it, but there’s a lot of work to be done,” Youngkin said. “There are some nonstarters, including the forced unionization that’s in the current bill. There have been concerns expressed by law enforcement in how the gap in the laws can actually be enforced. Finally, there’s a real need to make sure that we aren’t promoting an anti-competitive industry. I do understand that there are preferences to make sure that all participants in the industry are qualified to do the industry well.”

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As New York hurtles toward the opening of its new legal recreational marijuana market, the state is apparently “scrambling to develop a way to measure when motorists are driving while under the influence of cannabis since there’s no current standard or valid testing.”

That is according to a report on Sunday in the New York Post, which said that Gov. Kathy Hochul’s administration has issued a call for a mechanism to spot weed-impaired drivers.

“With the legalization of adult-use cannabis, there are concerns of increased incidences of driving while impaired after cannabis use,” the New York Department of Health said in a proposal, as quoted by the Post.

“Identifying drivers impaired by cannabis use is of critical importance…..However, unlike alcohol, there are currently no evidence-based methods to detect cannabis-impaired driving,” the memo continued.

The news comes amid budding anticipation for the launch of New York’s first regulated adult-use marijuana retailers. According to the Post, New York is expected to award “up to 175 retail licenses to sell marijuana in the coming weeks.”

Hochul said last week that the state remains on track to launch the new regulated cannabis market by the end of this year.

“We expect the first 20 dispensaries to be open by the end of this year,” Hochul told the Advance Media New York editorial board. “And then every month or so, another 20. So, we’re not going to just jam it out there. It’s going to work and be successful.”

The state began accepting applications for adult-use dispensary licenses on August 25, with the deadline arriving on September 26. New York officials have said that roughly 500 applications had been submitted, while hundreds of applicants were rejected due to being ineligible.

The first dispensary licenses will be designated for individuals who have previously been convicted of a pot-related offense.

“New York State is making history, launching a first-of-its-kind approach to the cannabis industry that takes a major step forward in righting the wrongs of the past,” Hochul said in her announcement of the policy in March. “The regulations advanced by the Cannabis Control Board today will prioritize local farmers and entrepreneurs, creating jobs and opportunity for communities that have been left out and left behind. I’m proud New York will be a national model for the safe, equitable and inclusive industry we are now building.”

Hochul’s predecessor, former New York Gov. Andrew Cuomo, legalized recreational cannabis in the state when he signed a bill into law in March of 2021. The measure immediately ended the state’s ban on possession, but the regulated cannabis market was slow to get off the ground under Cuomo, who stepped down as governor in August of last year amid allegations of sexual misconduct.

After taking over, Hochul made it a priority to get the program up and running, something she touted in her interview with the editorial board last week.

“Talk about the rollout being jammed up. When I became governor, nothing had happened. Nothing. It was shut down because there was a battle between the administration and the legislature over who would be the executive director and the chairs of the cannabis review boards,” she said. “So, I was given a lot of credit because within one week, I named people. I got things going. So, when I speak to people about being part of this industry, the first thing they say is ‘thank you.’ Because otherwise we could still be waiting and waiting and waiting, even for the most basic steps to be taken. So we’ve been moving along quickly.”

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