Cab drivers on medical marijuana can keep TLC licenses
New York City cab drivers who test positive for medical marijuana will no longer lose their license, a city judge has ruled. The decision follows a July hearing between the Taxi and Limousine Commission — which regulates taxicabs and for-hire-vehicles — and cab driver William Riedinger, who tested positive for medical cannabis last spring.
According to court documents, Riedinger failed his annual drug test in May after marijuana was found in his system. He had been told at the location that a “doctor’s prescription would be accepted”. But the TLC argued in court that “medical marijuana should be treated differently” and Riedinger was “unfit” to retain his license.
Administrative Law Judge Faye Lewis held Riedinger’s drug test should not be viewed as failed because his use of marijuana is legal under the Compassionate Care Act, a state law enacted in 2014. Patients protected by the act are not to be penalized because of their certified use of marijuana. On Saturday the city’s transportation website reported that Riedinger’s license is now valid for another two years.
“The Care Act prevents any individual from being treated differently and we will respect that,” said Allan Fromberg, TLC spokesman, in a phone interview.
Fromberg explained there is now an administrative protocol in place to address drivers who are in the Care Act program.
Riedinger, who represented himself at the hearing, did not dispute that he failed the test. According to court documents, the 59-year-old driver argued he has been taking marijuana capsules since April “to treat severe pain from diabetes and neuropathies.”
Riedinger also said at the hearing that he has not driven since taking the medication due to health issues and to take care of his father. But he would like to maintain his license “so that he is able to resume driving once he is ready.”
Fromberg insisted drivers are not allowed to be behind the wheel while under the influence. “This shouldn’t in any way be looked at as allowing licensees to drive while on medical marijuana.”
“It is implicit you have to use personal discretion when you decide to do sometime potentially risky,” Fromberg said. Riedinger “will have to exercise the same caution as anybody whose job requires him to drive.”
According to Dr. Ryan Vandrey, a professor from Johns Hopkins University who specializes on behavioral pharmacology of cannabis, there is evidence that marijuana can affect driving.
“It can impair attention and reaction time, especially to unexpected situations that can occur while driving, which can increase the likelihood of an accident,” said Vandrey over email.
The duration of the drug’s effects also vary across individuals, and determining whether a driver is in a good condition to drive can be difficult.
“An individual under the influence of drugs may be impaired but not perceive that to be the case,” said Vandrey. He added that there are currently “no accepted behavioral tests or biomarkers (such as breath alcohol level) that reliably predict impairment due to cannabis.”
