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Thread: Marijuana and Pilots?

  1. #11
    FlyingRon's Avatar
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    The FAA asks about drug use in the past two years. I can't tell you to lie on your application and frankly if they find out subsequently that you did, you can lose any certificates you've gained to date.

  2. #12
    no expertise here - just some thoughts.Go sport pilot. No medical questions. Self certify. BUT have the doctor who wrote the prescription state in writinghow long he should be off the weed before driving. Follow that plus maybe a safety factor for flying. We all know the answer if you ask the feds. IN THE LOGBOOK, BEFORE EACH FLIGHT MAKE AN ENTRY STATING THAT AMOUNT OF TIME OFF THE MJ. I don't think that this is needed, but it would add to the defense. Once again - just an opinion. CONSULT an aviation atourney.

  3. #13

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    Thanks, and Ron, nothing to "lie" about. The person is not now a pilot or taking lessons, and not imminent to do so. I do know if they do start they will want to go all the way for private pilot, won't be satisfied to fly just LSA types.
    As for the MJ use, after a month or so, they say it is not a magic cure all for sleep problems; but may helps some. I know they only use it for going to sleep, not just for fun. And they don't drive after using it, the mj shop says not to drive for 6 hours.
    As for me , I 'd rather fly and need to be fully fit for that. Mostly I sleep ok. Now if I was 80 and had a terminal condition that mj could help, that might be another issue.
    Last edited by Bill Greenwood; 06-04-2012 at 03:05 PM.

  4. #14
    danielfindling's Avatar
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    Federal law and hair follicle testing.

    I would definitely have your friend consult an aviation lawyer in your jurisdiction. A couple of thoughts (not to be confused with legal advice). First, there is a conflict between state and federal law on the issue of Marijuana and the jury is still out. Many states, including my home state of Michigan have medical marijuana statutes. In fact, in Michigan, medical marijuana usage is authorized in the state constitution. However, there are several attacks on the law inasmuch as it runs afoul of Federal law. Notwithstanding state sovereignty, federal preemption is alive and well - (As an aside, in Michigan, it is conservative judges that are trying to overturn the "liberal" marijuana law by invoking Federal preemption - and ignoring state sovereignty - go figure - however, I can blow off real fireworks this year and choose not to wear a helmet on a motorcycle thanks to our republican governor - oh, and I like him!)

    It is conceivable that an admission of past marijuana usage is akin to violating federal law without regard to the state law. Therefore, I would avoid the admission in its entirety while being honest in the application.

    In my practice of law, courts often utilize "hair follicle" testing when testing for marijuana. The hair follicle test can show positive usage of marijuana for 6 months. Fluid testing (blood, urine etc.) is a much shorter period of time. For cocaine, the drug apparently metabolizes so quickly to render fluid testing essentially useless after a few days.

    In sum, I would avoid the disclosure of marijuana use without lying. Look at the application and ask yourself if all questions can be answered honestly without disclosure of marijuana use. If not, discretion is advised. Finally, do not rely on my post as legal advice, it's not.

    Hope this helps.

    Daniel Findling

  5. #15
    FlyingRon's Avatar
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    First, there is a conflict between state and federal law on the issue of Marijuana
    There maybe a conflict, but the FAA considers it illegal and it is the FAA that will rule on your suitability for a medical certificate. Medical marijuana is no more legitimate for pilots than prozac or any number of other substances that might be legal in certain circumstances.

    The safe answer is to abstain from FEDERALLY ILLEGAL drugs for three years prior to applying for a medical.

  6. #16
    OrvilleJohnson's Avatar
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    Quote Originally Posted by Frank Giger View Post
    Depends on the level of testing.

    30 days for a military grade test is required for clean results.
    Yeah. I agree with you.

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