What Tow Operators Need to Know About Marijuana

By Brian J. Riker

A tow operator can lose their CDL—and their livelihood—even if marijuana use is legal in their state.

With some form of marijuana or cannabis-derived products now legal, or at least decriminalized, in all but four states—and with the federal government moving to change marijuana’s classification from Schedule I to Schedule III—it is time to revisit what marijuana use means for the towing industry. Federal Rules vs. State Law

While it is well known that all drivers of commercial motor vehicles requiring a commercial driver license (CDL), including owner-operators and casual drivers, must submit to U.S. DOT–regulated drug and alcohol testing, what surprises many drivers (and employers) is that even though mandatory testing regulations apply only to CDL holders, the Federal Motor Carrier Safety Administration (FMCSA) does not turn a blind eye to drug or alcohol use by drivers of non-CDL trucks. It remains a violation of federal regulations to use illegal substances, even when testing is not required. What Happens After a Positive Test

If a CDL driver has a positive drug test result, or refuses to submit to a test when required, they will be placed out of service until completing the return-to-duty process. This process includes evaluation by a substance abuse professional, development of a plan to stop using prohibited substances, and strict monitoring—often including directly observed drug testing—for no less than twelve months.

It is important to note that a refusal to test can be as simple as failing to report to the test facility on time, leaving the facility before the test is complete, being unable to provide an adequate urine sample, or producing a sample that appears diluted or adulterated. Why Prescriptions Don’t Matter

When a DOT drug test returns a positive result, the company’s Medical Review Officer (MRO) will contact the driver to determine whether there is a legitimate medical explanation, such as a lawful prescription. In many cases, this can cancel the positive result.

That is not the case with marijuana or marijuana-derived products containing THC. Even with a valid prescription for THC products—including in states where medical or recreational use is legal—marijuana remains federally prohibited, and this will not change even if it is reclassified as a Schedule III drug. This includes over-the-counter products such as CBD oils.

Under federal rules, marijuana and other derivatives containing more than 0.3% THC remain classified as Schedule I substances, making their use illegal for anyone performing safety-sensitive transportation functions, including the operation of commercial motor vehicles. The Hidden Risk of CBD Products

Compounding the issue is the lack of consistent laboratory testing and regulation for many cannabis-derived products. Even over-the-counter CBD products may contain enough THC to trigger a positive DOT drug test.

As marijuana use has become more socially accepted and legally accessible, it has also become the most common cause of positive DOT drug tests. According to Federal Motor Carrier Safety Administration data, marijuana accounted for approximately 70% of all positive drug test results reported in 2019. The Real Consequences for Tow Operators

If a positive test result is reported for a CDL driver, their CDL will be immediately downgraded to a non-commercial license, and they will be prohibited from operating any commercial motor vehicle—including non-CDL trucks—until the return-to-duty process is completed. In many states, if this process takes longer than one year, the driver may be required to start over entirely to regain CDL privileges, including retesting.

The bottom line is that with social acceptance of marijuana use at an all-time high, tow operators must be more cautious than ever to protect their livelihoods. Even in states where marijuana use is legal, a positive DOT drug test can result in the loss of a CDL, employment opportunities, and insurance coverage. Understanding federal regulations—not state law—is critical to remaining employable and insurable in today’s towing industry.