![]() While the Pennsylvania Department of Transportation (PennDOT) is responsible for licensing CDL drivers in the Commonwealth, the legal basis for CDL and CDL drug testing is provided by 49 CFR 383. Of specific relevance to CDL driver patients is Section 2103(b)(3), which provides, “othing in this act shall require an employer to commit any act that would put the employer or any person acting on its behalf in violation of Federal law.” While Pennsylvania Medical Marijuana Act does provide protection for medical marijuana patients, this protection is subject to some limitations. The situation for CDL drivers is unique because, unlike other employees, CDL drivers are subject to extensive state and federal regulation, including federal DOT drug testing. One area not yet addressed by the regulations, however, is guidance for prospective patients that are licensed commercial (CDL) drivers. ![]() Understanding the importance of patient input in the program, the Department is accepting comments on the draft regulations until October 2 nd. Recently, the Pennsylvania Department of Health answered many patients’ questions with the release of draft regulations for patients and caregivers. As Pennsylvania’s medical marijuana program moves closer towards implementation, anxious prospective patients are likely wondering about their rights under Pennsylvania’s Medical Marijuana law.
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