California Pot?

layoutshooter

Veteran Expediter
Retired Expediter
OK, fun question. California passes Prop 19 in Nov. Pot smoking is now LEGAL there. Sam the Sham expediter, driving for ABC Expediting, gets a load to Lodi. Delivers and takes a long weekend. Sam decides to smoke a joint or two, legal to be sure now. Then takes a load to Nevada that delivers the following Tuesday. He gets called in for a random. Pot shows up, now what? :confused:
 

RLENT

Veteran Expediter
Well, unless ABC Expediting is headquartered in Marin County ..... and their Safety & Compliance Officer is a Jerry Garcia or Bob Marley/Peter Tosh lookalike, said expediter will probably be considering career alternatives .....
 

layoutshooter

Veteran Expediter
Retired Expediter
Well, unless ABC Expediting is headquartered in Marin County ..... and their Safety & Compliance Officer is a Jerry Garcia or Bob Marley/Peter Tosh lookalike, said expediter will probably be considering career alternatives .....


Oh, I understand the reality. This brings into play ALL kinds of Constitutional questions. Does a FEDERAL agency have the LEGAL authority to override a VALID STATE law? Do we have States Rights? Individual Rights? Does the Federal Government have ANY legal standing here? VERY interesting. This COULD put "hippie pot smokers" on the SAME side as gun owners.
 

greg334

Veteran Expediter
of course the feds have the right to override any state or local law, it says so in the revised edition of the constitution.

The most bizarre issue with California is not cannabis but the lack of concern over a state constitutional amendment being overturned by a federal court system which I understand has zero jurisdiction on state constitutional matters.
 

Turtle

Administrator
Staff member
Retired Expediter
It's really simpler than that. You could be a perfectly legal hippie pot smoker, just don't drive a CMV, or drive a railroad engine, or fly a plane, or lots of things you can't do while under the influence. Just because it's legal to smoke pot in California doesn't mean it's suddenly legal to drive a CMV while high, whether you're in or out of California. I mean, it's legal to drink in a lot of places, but it's still not legal to drive when drunk. And since pot stays in your system far longer than alcohol does, you'd best consider that fact before you partake.
 

layoutshooter

Veteran Expediter
Retired Expediter
It's really simpler than that. You could be a perfectly legal hippie pot smoker, just don't drive a CMV, or drive a railroad engine, or fly a plane, or lots of things you can't do while under the influence. Just because it's legal to smoke pot in California doesn't mean it's suddenly legal to drive a CMV while high, whether you're in or out of California. I mean, it's legal to drink in a lot of places, but it's still not legal to drive when drunk. And since pot stays in your system far longer than alcohol does, you'd best consider that fact before you partake.

Right, EXCEPT, alcohol leaves the system FAST. Just check the urinal. 8 hours per ounce I think is the average. POT however, can hang around for 3 weeks!! You would NOT be high but test positive.

Again, do the FEDS have the LEGAL authority, under our Constitution, to override STATE law?

Interesting.

Not as simple as some want to make it out.
 

layoutshooter

Veteran Expediter
Retired Expediter
It's really simpler than that. You could be a perfectly legal hippie pot smoker, just don't drive a CMV, or drive a railroad engine, or fly a plane, or lots of things you can't do while under the influence. Just because it's legal to smoke pot in California doesn't mean it's suddenly legal to drive a CMV while high, whether you're in or out of California. I mean, it's legal to drink in a lot of places, but it's still not legal to drive when drunk. And since pot stays in your system far longer than alcohol does, you'd best consider that fact before you partake.

Right, EXCEPT, alcohol leaves the system FAST. Just check the urinal. 8 hours per ounce I think is the average. POT however, can hang around for 3 weeks!! You would NOT be high but test positive.

Again, do the FEDS have the LEGAL authority, under our Constitution, to override STATE law?

Interesting.

Not as simple as some want to make it out.
 

OntarioVanMan

Retired Expediter
Owner/Operator
I would imagine if one tests positive...it would be tough luck for the driver...since if he/she drives under FMSCA rules they'd be under federal law, not state...
 

layoutshooter

Veteran Expediter
Retired Expediter
I would imagine if one tests positive...it would be tough luck for the driver...since if he/she drives under FMSCA rules they'd be under federal law, not state...

Yep, but how can the FEDS get around a LEGAL state law? This is going to get VERY interesting IF Prop 19 passes.

I hope it does pass. I don't smoke and most likely won't even IF it is legal. I want it legal ONLY because the FEDS have NO business in state or individual rights. The FEDS are out of control. They need reigned in.
 

OntarioVanMan

Retired Expediter
Owner/Operator
Yep, but how can the FEDS get around a LEGAL state law? This is going to get VERY interesting IF Prop 19 passes.

I hope it does pass. I don't smoke and most likely won't even IF it is legal. I want it legal ONLY because the FEDS have NO business in state or individual rights. The FEDS are out of control. They need reigned in.

Our contracts state NO drugs or alcohol...pretty much says it all there...
 

layoutshooter

Veteran Expediter
Retired Expediter
Our contracts state NO drugs or alcohol...pretty much says it all there...


Next question then: All states recognize all drivers licenesses. Same with marriage. Not all states recognize carry permits. WHY?
Is that LEGAL? This is going to get FUN!! :p Makes the feds look dumber than ever!! We are either free or we are not. The DOT is out of control as much as the rest of the FEDS!! So are our carriers. Legal substances are legal. PERIOD. OR, are they not? Are we FREE or not? This issue brings it ALL out into the open.
 

OntarioVanMan

Retired Expediter
Owner/Operator
Next question then: All states recognize all drivers licenesses. Same with marriage. Not all states recognize carry permits. WHY?
Is that LEGAL? This is going to get FUN!! :p Makes the feds look dumber than ever!! We are either free or we are not. The DOT is out of control as much as the rest of the FEDS!! So are our carriers. Legal substances are legal. PERIOD. OR, are they not? Are we FREE or not? This issue brings it ALL out into the open.

So drivers should drink and drive? if beer and alcohol is legal....
 

Turtle

Administrator
Staff member
Retired Expediter
I would imagine if one tests positive...it would be tough luck for the driver...since if he/she drives under FMSCA rules they'd be under federal law, not state...
Exactly. For the federal government to override a state law in the case of smoking pot, then one of two things would have to be true. One, that it's legal in the state of California to drive a CMV while high or while you have pot in your system and the federal government comes along and says no it isn't, that you can't have a law like that in California. But that isn't what's happening. The other one is, that the federal government would have to make it illegal for non-California residents to smoke pot while in California. And that won't happen, either.

It may very well be perfectly legal to smoke pot in the state of California, but it's not legal to drive a CMV with pot in your system, regardless of whether the pot got in there legally or illegally. Medicinal marijuana is a good example. Can't drive with that in your system either, even though it's perfectly legal.

So using the example you cited, what state law would be being overridden by federal law? I go back to my original point of, it's legal to drink there, too, but if there's any measurable blood alcohol level when he's called in for the random, he's screwed. It would be the same with pot.
 

layoutshooter

Veteran Expediter
Retired Expediter
So drivers should drink and drive? if beer and alcohol is legal....

WHERE did I say THAT? READ back. Booze is GONE at a rate of ABOUT 1oz per 8 hours. POT, THC, hangs around for about 3 WEEKS after use. You don't HAVE to be high for it to show up. How do you get around that?

FUN eh?

You could LEGALLY smoke in CA and two weeks later lose your way of earning a living in Ohio. That lose would be LEGAL in EVERY state EXCEPT California. How does Canada handle it?

Do the FEDS have the LEGAL authority to control your OFF DUTY TIME?
 

OntarioVanMan

Retired Expediter
Owner/Operator
WHERE did I say THAT? READ back. Booze is GONE at a rate of ABOUT 1oz per 8 hours. POT, THC, hangs around for about 3 WEEKS after use. You don't HAVE to be high for it to show up. How do you get around that?

FUN eh?

You could LEGALLY smoke in CA and two weeks later lose your way of earning a living in Ohio. That lose would be LEGAL in EVERY state EXCEPT California. How does Canada handle it?

Do the FEDS have the LEGAL authority to control your OFF DUTY TIME?

How does Canada handle it?....if pot shows up while driving..you are dust...the same as booze only the time frame is longer for pot....
 

layoutshooter

Veteran Expediter
Retired Expediter
How does Canada handle it?....if pot shows up while driving..you are dust...the same as booze only the time frame is longer for pot....


Explain further. Does Canada ALLOW tiny levels of THC 3 weeks after smoking? The US DOT will NOT right now.

This is going to be REALLY fun!!

I can't wait until that doper Obama weighs in.
 

Turtle

Administrator
Staff member
Retired Expediter
WHERE did I say THAT? READ back. Booze is GONE at a rate of ABOUT 1oz per 8 hours. POT, THC, hangs around for about 3 WEEKS after use. You don't HAVE to be high for it to show up. How do you get around that?
Simple, don't drive until it's out of your system. Duh.

You could LEGALLY smoke in CA and two weeks later lose your way of earning a living in Ohio. That lose would be LEGAL in EVERY state EXCEPT California.
Show me the law in California where it was you can drive a heavy vehicle with any level of THC in your system. You can't, because there isn't one. California has the same laws as every other state regarding THC being present in your system and driving. If you've got THC in your system, you can't drive in Ohio, nor in California, either.

Do the FEDS have the LEGAL authority to control your OFF DUTY TIME?
No, they don't. But they can control you when you are on-duty and driving, and if you did something on your off-duty time that affects your on-duty time, be prepared to pay the consequences. It's really that simple. You can have a measurable blood alcohol level and not be under the influence, yet you're still screwed if it shows up in a random, and it doesn't matter how long it's been since you've had a drink. Same thing with pot, doesn't matter how long it's been, if it's still in your system then you're screwed.
 

layoutshooter

Veteran Expediter
Retired Expediter
I NEVER said it was legal in CA at this time. IF Prop 19 passes everything changes.

This issue is 100% about States Rights, Individual Rights and an overbearing, controlling Federal Government overstepping it's bounds.

We are FREE or we are NOT!! Driving under the influence (as in impaired) of a legal or illegal substance is NOT a Federal issue. Under OUR Constitution it should ONLY be a STATE issue.
Show me ANYTHING in the Constitution that gives the Federal Government CONTROL over the States or Individuals.

Are YOU willing to give in? (I am NOT suggesting that you smoke pot while on duty or drive drunk or drive while taking certain perscrpiction drugs)
 

Turtle

Administrator
Staff member
Retired Expediter
I NEVER said it was legal in CA at this time. IF Prop 19 passes everything changes.
No, it only changes one thing, the legality of smoking pot in the state of California. It won't change at all the legality of driving while under the influence of pot, nor of driving with any THC in your system.

This issue is 100% about States Rights, Individual Rights and an overbearing, controlling Federal Government overstepping it's bounds.
No, you're merely trying to make it a federal issue of states rights. That doesn't make it one.

We are FREE or we are NOT!! Driving under the influence (as in impaired) of a legal or illegal substance is NOT a Federal issue. Under OUR Constitution it should ONLY be a STATE issue.
It is a state issue, right up to the point where you do it while engaging in interstate commerce.

Show me ANYTHING in the Constitution that gives the Federal Government CONTROL over the States or Individuals.
The Interstate Commerce Clause, for one. The Bill of Rights, for another. Lots of places.

Are YOU willing to give in? (I am NOT suggesting that you smoke pot while on duty or drive drunk or drive while taking certain perscrpiction drugs)
I gave in the minute I decided to engage in interstate commerce. At the point where I no longer want to give in, I'll disengage from interstate commerce and go to intrastate commerce, where only the state's laws apply.
 

layoutshooter

Veteran Expediter
Retired Expediter
Interstate commerce laws mean NOTHING anymore under Obama. Just look at CARB and Michigan domiciled reefer trucks. It is a JOKE!! The entire THING is a joke and I bet, deep inside, that YOU know it is!! (I know you are REALLY smarter than that)
 
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