Post Surgery Medical Marijuana
08-24-2019, 02:40 PM
#1
New Hire
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Joined APC: Aug 2019
Posts: 1
Post Surgery Medical Marijuana
My apologies for a question that has been around for years...
After a long absence flying, I am going to get back into the cockpit and maybe make a run to flying professionally. About 5 months ago I had a surgery and told the surgeon I didn't want to take opioids for pain management and he suggested medicinal marijuana instead. So I tried it post surgery for about 4 days.
Cut to 5 months later, a potential career change and about to get my medical, but don't know how to answer the drug question for the AME. When you drill down in the question, it says:
use of illegal substance in the last 2 years.
For example: Select Yes if you have been diagnosed and/or treated in an inpatient or outpatient setting for substance use. Select Yes if you ever had a diagnosis of substance use disorder. Select Yes for any and all positive drug tests whether administered at the federal, state, or local level, or by a private employer. For a detailed description of substance, substance dependence, substance abuse, and drug and alcohol testing, refer to 14 CFR §67.107, §67.207, §67.307, paragraphs (a)(4) and (b).
So by this definition, I could select "No" in the answer. If I select "Yes" and explain the situation to the AME, does he automatically fail me? I don't use it for recreational use, I don't use it anymore, but I did post-surgery in lieu of addictive opioids. Thoughts?
After a long absence flying, I am going to get back into the cockpit and maybe make a run to flying professionally. About 5 months ago I had a surgery and told the surgeon I didn't want to take opioids for pain management and he suggested medicinal marijuana instead. So I tried it post surgery for about 4 days.
Cut to 5 months later, a potential career change and about to get my medical, but don't know how to answer the drug question for the AME. When you drill down in the question, it says:
use of illegal substance in the last 2 years.
For example: Select Yes if you have been diagnosed and/or treated in an inpatient or outpatient setting for substance use. Select Yes if you ever had a diagnosis of substance use disorder. Select Yes for any and all positive drug tests whether administered at the federal, state, or local level, or by a private employer. For a detailed description of substance, substance dependence, substance abuse, and drug and alcohol testing, refer to 14 CFR §67.107, §67.207, §67.307, paragraphs (a)(4) and (b).
So by this definition, I could select "No" in the answer. If I select "Yes" and explain the situation to the AME, does he automatically fail me? I don't use it for recreational use, I don't use it anymore, but I did post-surgery in lieu of addictive opioids. Thoughts?
08-29-2019, 05:49 AM
#2
Prime Minister/Moderator
Joined APC: Jan 2006
Position: Engines Turn Or People Swim
Posts: 39,227
At face value I would think you can answer "No" since it was not illegal in the context of the medical care you were getting.
But the grey area is that it is still an illegal controlled substance per the federal government and that 100% supersedes state rules. Technically the fed mostly ignores use/possession that is "legal" in a given state but they actually still might enforce against wholesale production/distribution/finance.
One of the big problems the "legal" growers/distributors have is finance, essentially no reputable financial institution will touch their money with a ten foot pole because of possible federal/interstate ramifications, so they end up needing armies of private security to protect huge loads of cash.
To be 100% safe you could ask an aviation lawyer (AOPA legal services) but personally I would just go with "no" since it was legal per the state and prescribing doctor, and you were not involved in aviation at the time.
IMPORTANT: The FAA/DOT have clarified that it is still VERY illegal for anyone who falls under federal rules (pilots, truckers, etc). Even CBD oil is not an excuse for failing a drug test. So no mas in the future.
But the grey area is that it is still an illegal controlled substance per the federal government and that 100% supersedes state rules. Technically the fed mostly ignores use/possession that is "legal" in a given state but they actually still might enforce against wholesale production/distribution/finance.
One of the big problems the "legal" growers/distributors have is finance, essentially no reputable financial institution will touch their money with a ten foot pole because of possible federal/interstate ramifications, so they end up needing armies of private security to protect huge loads of cash.
To be 100% safe you could ask an aviation lawyer (AOPA legal services) but personally I would just go with "no" since it was legal per the state and prescribing doctor, and you were not involved in aviation at the time.
IMPORTANT: The FAA/DOT have clarified that it is still VERY illegal for anyone who falls under federal rules (pilots, truckers, etc). Even CBD oil is not an excuse for failing a drug test. So no mas in the future.
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