DMV changes medical marijuana policy
By Josh Richman
Tuesday, March 3rd, 2009 at 4:24 pm in marijuana.
Medical marijuana advocates are declaring victory now that the California Department of Motor Vehicles has amended its policies to say that “use of medicinal marijuana approved by a physician should be handled in the same manner as any other prescription medication which may affect safe driving,” but doesn’t by itself constitute grounds for withdrawal of a driver’s license.
Oakland-based Americans for Safe Access sued the DMV last November on behalf of Rose Johnson, 53, of Atwater, whose driver’s license was revoked because of her status as a medical-marijuana patient despite a clean 37-year driving record. The DMV had said her license wasn’t renewed “because of…[an] addiction to, or habitual use of, [a] drug,” thereby rendering her unable to safely operate a motor vehicle. The DMV reinstated her license in January.
“The new DMV policy is a significant departure from how the agency approached medical marijuana in the past,” ASA Chief Counsel Joe Elford said in a statement issued today. “Drivers will no longer have their licenses suspended or revoked simply because of their status as medical marijuana patients.”
ASA said DMV had been suspending or revoking medical marijuana patients’ driver’s licenses in at least eight counties, including Alameda, Butte, Contra Costa, Glenn, Merced, Placer, Sacramento, and Sonoma, calling these drivers drug abusers without presenting evidence to support the claim.”This DMV policy change represents a victory for patients, which puts us closer to full implementation of California’s medical marijuana law,” Elford said today.
The new guidelines say a DMV hearing officer “should inquire as to the frequency of use, time of use, and the relationship to driving as they would with the use of other prescribed medications” when dealing with medical marijuana use. DMV issued the revised policy last month and will advise its Driver Safety workers of the change in a training session tomorrow, according to ASA.
[You can leave a response, or trackback from your own site.]
March 3rd, 2009 at 6:49 pm
It won’t be long and we will all be be getting stoned. Can you imagine toking down with your favorite conservative!! Bong hits at political rallies!! Yeah Baby!!
March 3rd, 2009 at 9:58 pm
awesome! i could not get my class B 15-passenger license/endorsement last year partly because of this. i’m glad things have changed.
March 3rd, 2009 at 10:28 pm
Honestly, what are we waiting for? Legalize cannabis already!
March 5th, 2009 at 12:43 pm
David’s right…there is nothing that says this revision doesn’t apply to Commercial driver’s licenses.
Also, mj isnt a prescribed drug. Its recommended.
Feds ability to endanger job of s-s worker with Recommendation who fails s-s drug test due to state-legal mj absorbtion seems curtailed. The medical disqualifying ability of the USDOT has been hogtied due to the fact the CA doctor who signed the thing is state regulated.
May 22nd, 2009 at 7:26 am
The daily use of medical marijuana (other than in those dying from a disease) by people driving on our roads is frightening enough–I am an employer of truck drivers, heavy equipment operators. Accident investigation has proven that mj users are more prone to injury and equip accidents–I can’t believe that California would even consider this as an acceptible excuse to change the law. People who use mj daily THINK that they think & function more clearly–I can give you hundreds of examples which contradict that. This is a tragic state of affairs for those of us in business.
May 22nd, 2009 at 10:31 am
Karen is right.
My wife works at a trucking company in Hayward and has seen exactly the same results that Karen mentions: users have much higher accident rates with their rigs. It’s gotten so bad that customer specifically ask for different drivers to ensure their loads aren’t crashed.
I can’t believe the state would want to change this. This seems to seriously undermine safety on the road and in the workplace.
July 22nd, 2009 at 5:02 am
To — Karen Barstow Says:
May 22nd, 2009 at 7:26 am
******* I am a commercial truck driver (Class A TN endorsements) who is sick and tired of a working persons ability to earn a living being taken by the (NAZI) state. When they passed the Patriot Act, they took my Hazardous Materials endorsements which crippled me. Now at least I don’t have to worry about keeping the few jobs I can get driving just because I get a cannabis card. This country is so stupid for attacking it’s own citizens, crippling us with idiotic laws, and then wondering why the rest of the world is more prosperous & healthier than us. When are we going to realize the enemy is not without, it is within and has the form of politicians, big business and religious nutjobs.
You of all people, Karen Barstow, should know this since your industry (the backbone of our economy) is under attack. WAKE UP!!
September 5th, 2009 at 8:28 pm
I am a cdl driver and I have looked in to med mm. this is a step in the right direction I wuold say, however
federal law still superseeds state law and a cdl driver
is not alowed to drive with weed in thier systym.
September 25th, 2009 at 8:36 pm
I don’t think we should be able to be under the influence while driving
Or operating heavy equipment but if I wanna smoke when I go home or on the
Weekend I should be able to.
October 6th, 2009 at 10:19 pm
what does this mean for class a drivers in california im confused … is this for all classes or just class c ….. it does not outline a class …. i know you cant smoke and drive but what about off hrs … what about the d.o.t? please answer
December 7th, 2009 at 10:50 am
To the truck company owners… you’re confusing the commercial driver’s license issue with the personal license issue.
The DMV was revoking licenses simply because people had medical marijuana cards listed in their medical records.
You still can’t drive commercially with drugs in your system, and that includes certain pain killers many of your drivers may be allowed to use off-hours.
Are you saying there are truck drivers on your staff that are smoking up in your trucks? If that’s what you’re claiming, I don’t believe you’re an actual owner of a trucking company.