Failed Medical due to Self Disclosure
#11
Meaning what, exactly. Where has the FAA lied to the original poster, and where is the FAA authorized to lie to the original poster about his substance abuse?
Are you trying to muddy the water, or simply steer the conversation to a dead end, and either way, how do you hope to contribute?
The original poster used illegal drugs. The regulation is explicit. There is no surprise, there are no lies, and there is no falsehood here.
Law enforcement has been permitted to use a lie to elicit a confession from a criminal suspect; this has no bearing on the original poster making a correct statement of his drug abuse, or the action of the Administrator relating to that statement.
Are you trying to muddy the water, or simply steer the conversation to a dead end, and either way, how do you hope to contribute?
The original poster used illegal drugs. The regulation is explicit. There is no surprise, there are no lies, and there is no falsehood here.
Law enforcement has been permitted to use a lie to elicit a confession from a criminal suspect; this has no bearing on the original poster making a correct statement of his drug abuse, or the action of the Administrator relating to that statement.
#12
Marijuana is not dangerous or harmful to any significant degree, if it was tens of millions of people would be dead. Obviously no one should behave irresponsibly with it (or any other substance) but denying a medical cert because someone has used it is the height of absurdity.
Remember that MJ is NOT legal at all per the Fed. So using it, even in a state which has "legalized" it, still shows a disregard for federal law...which aviation also falls under.
#13
Which is ironic because federal drug laws show a disregard for the Constitution since they are not actually legal.
#14
#15
Disinterested Third Party
Joined APC: Jun 2012
Posts: 6,007
Marijuana is not dangerous or harmful to any significant degree, if it was tens of millions of people would be dead. Obviously no one should behave irresponsibly with it (or any other substance) but denying a medical cert because someone has used it is the height of absurdity.
Whether it's harmful is irrelevant, though clearly an impaired pilot is harmful regardless of whether it's lack of sleep, alcohol, marajuana, or something else. What is relevant is that it's not legal, and that the regulation stipulates that substance abuse is a disqualifying condition when occurring within a two year period...which is the subject of this thread.
#16
Use =| abuse
#17
Disinterested Third Party
Joined APC: Jun 2012
Posts: 6,007
You stated that marajuana is not harmful. More to the point, you specifically stated that marajuana is not dangerous or harmful. You stated this incorrectly and painted with far too broad a brush.
You attempted to state that marajuana use does not equate abuse. Clearly you've not read the regulation, though it's been given you. Try again.
https://www.ecfr.gov/cgi-bin/text-id...se14.2.67_1107
14 CFR 61.107(b):
§67.107 Mental.
Mental standards for a first-class airman medical certificate are:
b) No substance abuse within the preceding 2 years defined as:
(1) Use of a substance in a situation in which that use was physically hazardous, if there has been at any other time an instance of the use of a substance also in a situation in which that use was physically hazardous;
(2) A verified positive drug test result, an alcohol test result of 0.04 or greater alcohol concentration, or a refusal to submit to a drug or alcohol test required by the U.S. Department of Transportation or an agency of the U.S. Department of Transportation; or
(3) Misuse of a substance that the Federal Air Surgeon, based on case history and appropriate, qualified medical judgment relating to the substance involved, finds—
(i) Makes the person unable to safely perform the duties or exercise the privileges of the airman certificate applied for or held; or
(ii) May reasonably be expected, for the maximum duration of the airman medical certificate applied for or held, to make the person unable to perform those duties or exercise those privileges.
§67.107 Mental.
Mental standards for a first-class airman medical certificate are:
b) No substance abuse within the preceding 2 years defined as:
(1) Use of a substance in a situation in which that use was physically hazardous, if there has been at any other time an instance of the use of a substance also in a situation in which that use was physically hazardous;
(2) A verified positive drug test result, an alcohol test result of 0.04 or greater alcohol concentration, or a refusal to submit to a drug or alcohol test required by the U.S. Department of Transportation or an agency of the U.S. Department of Transportation; or
(3) Misuse of a substance that the Federal Air Surgeon, based on case history and appropriate, qualified medical judgment relating to the substance involved, finds—
(i) Makes the person unable to safely perform the duties or exercise the privileges of the airman certificate applied for or held; or
(ii) May reasonably be expected, for the maximum duration of the airman medical certificate applied for or held, to make the person unable to perform those duties or exercise those privileges.
There is not presently a means of determining, other than operationally and by visual observation, the degree of impairment by marajuana (unlike alcohol).
Note that the regulation defines "substance" as:
i) “Substance” includes: Alcohol; other sedatives and hypnotics; anxiolytics; opioids; central nervous system stimulants such as cocaine, amphetamines, and similarly acting sympathomimetics; hallucinogens; phencyclidine or similarly acting arylcyclohexylamines; cannabis; inhalants; and other psychoactive drugs and chemicals;
As for the constitutionality of marajuana use, perhaps you'd care to tilt at that windmill, but you're still held accountable to both the law, and the regulation.
You have no constitutional guarantee to be a pot head, and certainly no such right to be a career pilot and a pothead.
You may have to choose between the two. Imagine that.
#18
Gets Weekends Off
Joined APC: Sep 2008
Posts: 1,075
JB is correct; one or the other, but not both.
Shooting from the hip, here: It is going to cause a delay, but probably not much more. After the two years (from the date reported as the last use) reapply for the medical and check the "no" box. Truthfully, of course.
You will have to check "yes" at every application forever for the "have you had a medical denied?" box, with explanation, but after the first time doing that the explanation will be PRNC. That should be the end of it.
Good judgment comes from experience; experience comes from bad judgment.
Shooting from the hip, here: It is going to cause a delay, but probably not much more. After the two years (from the date reported as the last use) reapply for the medical and check the "no" box. Truthfully, of course.
You will have to check "yes" at every application forever for the "have you had a medical denied?" box, with explanation, but after the first time doing that the explanation will be PRNC. That should be the end of it.
Good judgment comes from experience; experience comes from bad judgment.
#19
Gets Weekends Off
Joined APC: Apr 2011
Posts: 1,470
It was for using marijuana. I was denied under faa 67.107 (b) (3)
I do not have a dependency. I am just a stupid teenager. It was in good faith seeing as I knew what I did was wrong. I did provide dates on which I last used that was within the 2 year window. Thank you all!
I do not have a dependency. I am just a stupid teenager. It was in good faith seeing as I knew what I did was wrong. I did provide dates on which I last used that was within the 2 year window. Thank you all!
#20
Roll your eyes at someone else.
You stated that marajuana is not harmful. More to the point, you specifically stated that marajuana is not dangerous or harmful. You stated this incorrectly and painted with far too broad a brush.
You attempted to state that marajuana use does not equate abuse. Clearly you've not read the regulation, though it's been given you. Try again.
You stated that marajuana is not harmful. More to the point, you specifically stated that marajuana is not dangerous or harmful. You stated this incorrectly and painted with far too broad a brush.
You attempted to state that marajuana use does not equate abuse. Clearly you've not read the regulation, though it's been given you. Try again.
The government could define the sky as being purple, but again, that wouldn't make it true.
There is very little medical difference between alcohol and marijuana. In fact it is generally understood that marijuana is indeed healthier to use than alcohol over the long term.
Actually the 9th and 10th Amendments allow one to do whatever drugs they want (unless prohibited by state law).
Being addicted to any substance or dependent upon any substance of course should be a no-go. But casual use of substances, if done in a responsible manner, should be no problem.
I think your one of those guys who were ok with prohibition of alcohol
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