Booming marijuana market will mean an increase in fatal truck crashes here in Illinois and Indiana.
The marijuana (cannabis) market is going through the roof. Financial gurus predict global independent marijuana sales will bring in around $200 Billion each year by the end of this decade, with the United States scooping up half of all that revenue.
For details, read The Motley Fool’s Sean Williams take on things in an article published by Nasdaq on October 20, 2019, entitled “The Federal Government Should Regulate State Marijuana Programs, Former FDA Head Advocates.”
Illinois, Indiana, and Surrounding States Where Marijuana is Legal
According to the National Conference of State Legislatures, it is possible to purchase marijuana legally not only here in Indiana and Illinois, but also in our surrounding states. Right now, regional legal pot buys are limited to specific medicinal reasons (“medical marijuana”). Medical marijuana is available in Illinois, Indiana, and Michigan as well as Ohio, Kentucky, Wisconsin, and Iowa. The degree of regulation varies state by state.
As for recreational use of marijuana, Illinois recently passed legislation that legalizes recreational marijuana use throughout the state, effective January 2020. In a matter of weeks, it will be possible to purchase marijuana in Illinois without the need to prove any medical need whatsoever.
Read, Recreational Marijuana is Legal in Illinois: The Rising Danger of a Drugged Driving Crash.
Indiana has much stricter marijuana laws than Illinois. However, Indiana does have a state statute allowing for limited medical marijuana use as treatment for resistant epilepsy, where the product is at least 5% CBD and no more than .3% THC by weight.
Nationally, over 33 states have legalized marijuana, at least for medicinal purposes. Eleven states (and the District of Columbia) have already passed recreational pot laws. For details, see State Marijuana Laws in 2019, published by Governing.com.
Within the next two years, it is expected that the majority of states will have legalized marijuana for recreational use in some manner. Mexico’s pending recreational marijuana law will likely have passed, as well.
This trend is predicted, despite the fact that under federal statutes, marijuana remains illegal and is classed as a “Category 1” drug, alongside heroin and LSD.
Marijuana and Truck Drivers: Marijuana Impairment and Fatal Truck Crashes
Widespread legalization of marijuana means more and more people will have access to marijuana, and this will include both commercial truck drivers as well as those who share the roads with them.
Widespread availability of marijuana (cannabis) means two things for truckers driving their rigs through our part of the country: (1) the truck driver will face greater temptations to use marijuana products; and (2) the trucker will have a higher risk of collision on the road caused by other drivers who are under the influence of marijuana while operating their motor vehicles.
It is clear that as marijuana usage increases in Indiana, Illinois, and the rest of the country, there will be an increase in motor vehicle accidents and truck crashes caused by marijuana impairment.
The trucking industry is well aware of this problem.
Earlier this month, the American Trucking Association announced its newly formed Controlled Substances, Health & Wellness committee, created to address the growing trucking industry concerns of commercial truck drivers operating their rigs while under the influence of marijuana (cannabis).
Consider the following October 7, 2019, statement from ATA Trucking Associations President and CEO Chris Spear:
“Eleven states, DC and Canada have now legalized the recreational use of marijuana… all while our federal government turns a blind eye. You can just see the trial lawyers – sitting on the edge of their high, wing-back leather chairs – drooling over the thought of more legal ambiguity. We can’t just sit back and hand them yet another opportunity to litigate our industry.
That’s why we’re announcing the first meeting of ATA’s new Controlled Substances, Health and Wellness Subcommittee here in San Diego. We need a member-led policy platform that helps lawmakers, regulators and courts make informed decisions about the impact substance abuse is having on safety and interstate commerce.”
The Nuances of Marijuana Impairment
Research is still addressing issues of marijuana use and the complexity of driver impairment while operating any kind of motor vehicle. Marijuana does not impact the human body in the same way that alcohol does.
It is known that marijuana alters the driver’s psychomotor skills. It changes how he or she thinks (cognitive ability). Impairment can also last longer with pot than with booze, which means a driver may need to avoid driving heavy machinery for a longer time period than someone who has had several drinks.
Doctors understand the complications of marijuana impairment, especially when it involves the safety of workers on the job. Many suggest that drug tests allow for zero THC or marijuana in the system.
The American College of Occupational and Environmental Medicine (ACOEM) has just sent its official position statement to Congress, suggesting that the “current patchwork of laws” is “…detrimental to employees, employers, and the general public” because “marijuana can cause impairment which will interfere with safe and acceptable performance in the workplace.”
Truck Crashes and Marijuana Impairment Investigation
Legislation is not keeping pace today, protecting both truck drivers and the general public from the exploding marijuana (cannabis) market in this country. Both state and federal laws are still evolving.
While recreational marijuana laws are expected to boost all sorts of product sales, it is narrow to think that more drivers will be operating their rigs (or cars, pickups, sedans, SUVs, minivans, etc.) while under the influence of marijuana (cannabis) because of recreational reasons alone.
Many people perceive marijuana (cannabis) products as an alternative pain reliever, preferable to the use of dangerous and addictive opioids for things that include back pain, arthritis, and other pains common to those who work as commercial truck drivers.
And medical marijuana (cannabis) products are being marketed and promoted as effective pain relief. This does not mean that THC is not a component of the product.
For one Ohio-based truck driver’s experience where he lost his job after using CBD oil to help with his knee pain, read “Veteran truck driver blames CBD oil for failed drug test, job loss,” written by Todd Dykes and published by WLWT-5 on September 9, 2019.
Marijuana-impaired truck crashes will happen more often in our part of the country due to relaxed and changing drug laws. It is vital that trucking accident victims understand that impairment must be considered as a factor in liability in any fatal motor vehicle accident today. Please be careful out there!
