[Pupiltransportation] Measure 91 Recreational Use of Marijuana and Bus Drivers

[pupiltransportation at listsmart.osl.state.or.us]

TO:  Superintendents, Business Managers and Transportation Supervisors

FR:  Michael Wiltfong, Director of School Finance, Pupil Transportation and Fingerprinting

RE:  Measure 91:  Recreational Use of Marijuana and Bus Drivers

With the recent passage of Measure 91, Oregon voters have chosen to allow the recreational use of marijuana.  The Oregon Department of Education wants to remind you and your school bus drivers that other state and federal rules continue to prohibit the use of marijuana by bus drivers.

OAR 581-053-0040<http://www.ode.state.or.us/services/transportation/pdfs/oar53-0040.pdf> states that school bus drivers are qualified only if they do not use any controlled substance identified in 21 CFR 1308.11 Schedule 1<http://www.ecfr.gov/cgi-bin/text-idx?SID=b632b274cf6322a0450af69d7c7a4f46&node=pt21.9.1308&rgn=div5#se21.9.1308_111>.  Marijuana continues to be on the Schedule 1 list.  This language is consistent with federal regulations under 49 CFR 391.41<http://www.ecfr.gov/cgi-bin/text-idx?SID=5a00826e87359411d2db253c85f353aa&node=se49.5.391_141&rgn=div8> that applies to all CDL drivers.

CDL drivers will continue to be tested for marijuana as part of DOT drug testing required by 49 CFR part 382<http://www.ecfr.gov/cgi-bin/text-idx?SID=9e8351b3dffa4bea7f18af2a98502578&node=pt49.5.382&rgn=div5>.  The presence of marijuana will result in a positive drug test and drivers will not be able to resume driving until they see a substance abuse professional and complete the return-to-duty process.  This can be a lengthy and costly endeavor.

Random drug tests can still be conducted year round.  Depending on the amount and frequency of use, marijuana can remain in the system for up to 90 days.  As measure 91 is phased in, please remind your drivers of these facts so Oregon can continue its excellent safety record in pupil transportation.

If you should have any questions, please contact T.J. Crockett at TJ.Crockett at state.or.us<mailto:TJ.Crockett at state.or.us> 503-947-5724, or myself at Michael.wiltfong at state.or.us<mailto:Michael.wiltfong at state.or.us>. Thank you.

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