Even though some states have changed their laws regarding marijuana, the Coast Guard still has a “zero tolerance” policy for mariners who test positive for it. They do not make any exceptions for a failed drug test, even if marijuana is legal for either medicinal or recreational use in the state where you live. You will not be off the hook if it was medically prescribed and necessary. Because cannabis remains in your system for a long period of time, it exposes users to a bigger chance of detection than most other substances. Therefore you have to be careful when taking it either recreationally or medicinally. For a detailed description of the Coast Guard’s position you can read more here:
DOT Drug and Alcohol Policy
Marine Safety Policies
QUESTION FROM THE BRIDGE
I tested positive for marijuana and the Coast Guard wants to take my license. What can I do? Rudy S. Portland, Maine.
Great question, and I’m glad you asked before submitting paperwork to CASDI. The short answer is NO, do not list your maintenance payments on the application. If you indicate that you receive $16 per day in maintenance, they will likely mistakenly withhold that amount from your weekly benefit amount, thinking that it is income. Under the law, it is not considered income and should not be deducted from your benefit amount. However, we frequently see them withhold the money regardless. Once they start deducting it from your payments your only recourse is to attempt to convince them of their mistake. That can be very difficult, if not impossible. Again, under the law, maintenance payments are not income and should not be reported to the good folks at the disability office.
TEMPORARY ADDRESS CHANGE
We have relocated to San Francisco while our new Oakland space undergoes renovation from fire damage. We have offices on both sides of the Bay to serve you! Look for our Oakland opening sometime in late spring. In the meantime, please contact us at
The Law Offices of Lyle C. Cavin, Jr.
535 Pacific Avenue, Suite 100
San Francisco, CA 94133
Our phone and fax remain the same
Ph: 510-444-2501 Fax: 510-444-4209
About Our Law Firm
For more than four decades, merchant mariners, longshoremen, fishermen and harbor workers plying their trades at sea, on the docks, on our U.S. coastal waters and inland waterways have turned to the maritime law firm of Lyle C. Cavin, Jr. & Associates in Oakland. Today, we are proud to be recognized as one of the preeminent maritime law firms serving injured marine workers nationwide, as well as one of the most successful personal injury litigation firms serving victims of negligence in the San Francisco Bay Area and throughout the West Coast
Team Approach to Every Personal Injury and Jones Act Claim
When you retain Lyle C. Cavin, Jr. & Associates for a Jones Act injury claim; or personal injury claim, you don’t get just one attorney, you get our entire team of dedicated professionals. Our attorneys offer more than 150 combined years of courtroom and negotiated claims settlement experience. We will represent your interests with unwavering dedication, speed and expertise.