Medical Marijuana Enforcement Standard for 392.4

Maine has a medicinal marijuana law making it legal for licensed patients to possess and use marijuana when prescribed by a doctor. The possession of marijuana in a CMV is a violation under 392.4. Maine is attempting to formulate an enforcement policy as it relates to possession of medical marijuana in a CMV. Currently and informally, when this situation occurs, most Troopers are placing the driver out of service for 24 hours, but are not issuing summonses for the 392.4 violation, or seizing the marijuana. In consultation with our legal staff, we are working to develop an enforcement policy to ensure statewide consistency. We also think it is important that there be consistency among states, as it is highly likely that states that do not allow medical marijuana will encounter drivers from those states that allow it. It is our hope that we can develop an enforcement policy to ensure that there will be a similar standard of enforcement across the country. We understand that drug testing is a separate issue and are not looking to address that issue at this time.

This issue is fairly urgent, as our Troopers are encountering these drivers more often. We feel that it is important to have state wide consistency in our enforcement, and also feel that we should look at the issue from a national perspective as more states allow the use of medicinal marijuana.

To create a national standard of enforcement of 392.4 as it relates to the possession of medical marijuana in a CMV. Should drivers of CMVs who possess medicinal marijuana prescribed by a doctor be placed OOS? The second request would be to ask how states that have a medical marijuana law enforce 392.4. Do they issue summonses and confiscate the marijuana, or do they simply place the driver OOS for 24 hours as required under the OOS criteria?