With medical marijuana and the legalization of weed for recreational purposes in many states now common, more and more pilots want to know whether pilots can smoke weed or not.
In short, no, pilots cannot smoke weed. But let’s get into the specifics.
Why Pilots Can’t Smoke Weed Even if it’s Legal or Medicinal
Whether weed is prescribed medically or is legal or not in your state makes no difference.
This can be confusing because during your medical application you are asked whether you have used an illegal substance within the past two years.
While in your state you may legally be allowed to smoke weed for whatever purpose, it is considered a controlled substance under Federal Law.
The Guide for Aviation Medical Examiners states that a medical certificate must not be issued if any controlled substances are used: “This includes medical marijuana, even if legally allowed or prescribed under state law.”
You will also be asked whether you have been diagnosed with substance dependence or abuse, or have ever failed a drug test.
What Happens if Marijuana Use is Reported on a Medical Application
First and foremost, as stated above, a medical certificate will not be issued.
Additionally, you will receive a letter from the FAA requesting that a urine drug test be administered within 48 hours as well as a statement describing past, present, and future drug use.
While what happens after this may vary, you can expect to undergo a substance abuse evaluation, and drug and alcohol monitoring could even be required.
What About CBD Oil?
CBD oil can contain very small amounts of THC, which could show up on a drug test. While this is unlikely, it’s still a possibility and cannot be used as a defense against a positive drug test
FAA Regulations For Flying Under the Influence of Marijuana
FAR 91.17 states that no person may act or attempt to act as a crew member of a civil aircraft “while using any drug that affects the person’s faculties in any way contrary to safety.”
If violated, your certificate may be suspended or revoked, or any application for a certificate or rating denied for up to one year.
Additionally, under Federal law, conviction of certain crimes related to controlled substances is grounds for lifetime revocation of an airman’s certificate.
FAA Regulations For Carrying Marijuana in an Aircraft
FAR 91.19 states that no person may operate a civil aircraft within the United States “with knowledge that” marijuana is carried in the aircraft.
The only exception is if “authorized by or under any Federal or State statute or by any Federal or State agency.”
If violated, your certificate may be suspended or revoked, or any application for a certificate or rating denied for up to one year.
Additionally, Under Federal law, conviction of certain crimes related to controlled substances is grounds for lifetime revocation of an airman’s certificate.
The FAA Doesn’t Drug Test Private Pilots
Private pilots are not subject to drug tests (the urine test during a medical is to test for possible indicators of diabetes or kidney disease), though if involved in an accident may have to undergo a drug test.
The FAA Does Drug Test Commercial and Airline Pilots
Commercial and airline pilots are subject to random drug tests.
Additionally, according to FAR 120.11, refusal to submit to a drug or alcohol test by a Part 61 certificate holder (sport pilot, recreational pilot, private pilot, commercial pilot, and air transport pilot) can result in:
Denial of an application for any certificate, rating, or authorization for a period of up to 1 year after the date of such refusal; and
Suspension or revocation of any certificate, rating, or authorization
Will the FAA Ever Allow Weed?
According to the FAA, as marijuana is a federally banned substance, and the FAA regulates pilots, who must follow federal law, as well as FAA regulations, and aircraft, the FAA will consider weed to be a banned substance unless the law changes on a federal level.
Helen Krasner holds a PPL(A), with 15 years experience flying fixed-wing aircraft; a PPL(H), with 13 years experience flying helicopters; and a CPL(H), Helicopter Instructor Rating, with 12 years working as a helicopter instructor.
Helen is an accomplished aviation writer with 12 years of experience, having authored several books and published numerous articles while also serving as the Editor of the BWPA (British Women Pilots Association) newsletter, with her excellent work having been recognized with her nomination of the “Aviation Journalist of the Year” award.
Helen has won the “Dawn to Dusk” International Flying Competition, along with the best all-female competitors, three times with her copilot.
