Despite the legalization of marijuana in several states, the substance remains a large problem for truck drivers – even within those states where it is legal. Reports have shown that tens of thousands of drivers have been disqualified from driving due to a severe zero-tolerance policy.

Drivers have had their CDL suspended after smoking in a legal state and, worse, even taking hemp products such as CBD oil that don’t have the effects of THC. Any roadside tests for marijuana are terribly inaccurate when it comes to dating the time of usage, which leads to even more drivers getting caught in the snare of prohibition.

Despite the Biden administration’s efforts to add more drivers to the industry, marijuana is a sticking point for the US government. It remains a Schedule I drug, and drivers must navigate federal law as well as various state regulations. Trucking companies, meanwhile, will often just fire drivers who test positive.

A new report by the American Transportation Research Institute (ATRI) takes a serious look at the existing data around trucking and marijuana usage. The ATRI examines the safety research, the demographic effects of marijuana policy, and current CDL holder drug usage data.

Ultimately, the ATRI comes away with two main paths forward:

First is the status quo. If marijuana remains a Schedule I drug, then drivers will continue to be purged from the industry.

The second path requires a new direction. The ATRI says that the federal government would have to reschedule marijuana to see any change. The challenge here would be for the potential liabilities for employers of industries like trucking that come with safety concerns, to both their employees and the surrounding drivers on the roads.

The ATRI suggests new nationally-recognized marijuana impairment tests and standards, as well as increased ability to screen drivers for substances. By taking a proactive approach to safety, the ATRI believes that the trucking industry could allow drivers who safely use legalized marijuana and benign substances like CBD oil.