Deferred medical, past drug related encounters - what to expect

airbear

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AirBear
Hello all,

I'm trying to get an idea of what to expect in regards to my FAA medical. Thanks in advance for any information you can provide - I would love to hear from the very knowledgeable @bbchien if possible.

I consulted with an AME last year around November, and explained my past history to the best of my ability - I printed all the available info from online court records and brought them in to my AME. He suggested that I go straight for first class for a couple of reasons - he suggested that since my application will likely be deferred, that once I get the application approved by the FAA, it will be in my past (absolved, basically) and a non-issue moving forward. He also suggested that the review process should be no different whether I went for third class or first class, and that by skipping straight to first class, I avoid the possibility of further review down the road if I wanted to, for instance, upgrade my 3rd class to a first class later on.

So in November, I submitted my application, got my exam with the AME, which was deferred as expected.

It took months, but the FAA finally sent me a letter requesting all relevant records, arrest reports, sentencing reports, a statement from probation officer's, etc...

I had 2 drug related incidents 3 months apart at age 18 (back in 2003/2004)

The first involved possession of a controlled substance, possession of marijuana, and possession of alcohol (as a minor). I was not operating impaired and this was never suggested. I got a good lawyer and ended up with an A misdemeanor.

3 months later I was caught obtaining a controlled substance by fraud. Again - got a good lawyer and ended up with an A misdemeanor for Deception.

My license was never suspended for either incident, nor was I ever required to take part in any treatment or programs of any kind.

Both incidents stemmed from the same situation -- My boss and his wife at the time were using me to obtain drugs to fuel his wife's addiction - they should have been role models, but instead used their position to take advantage for their own gain as well as introducing me to marijuana.

Nonetheless, this was a wake up call - I quit that job, removed myself from their association, and had no further issues since. I discontinued the marijuana, never had any substance-related issues, and rarely consume alcohol. I haven't really had to think about my past for well over a decade until now.

I'm curious what is in store for me now. It took quite the effort (especially because of how old the records are), but I obtained every last document they asked for and submitted them all, along with a requested personal statement.

It took them 6 more months to review, but they just finally sent me a 2nd correspondence. The letter starts with "Your application reveals the needs for additional information regarding your use of Marijuana". This time, they wanted a forensic drug screen within 48 hours of receiving their certified letter. It took ALL DAY to finally find a lab willing to do a 10-panel forensic test on a self-referral (almost everyone I contacted turned me away), but I finally found a lab and got the test done the same day I received the letter. I haven't done drugs since my youth (stopped it all once on probation), and at least by the normal definitions, am not substance dependent. Not only do I not do any illegal drugs, but I barely and rarely drink. Typically only special occasions if at all and very little (I'm a lightweight).

The other item they are wanting is an evaluation done by a certified drug/alcohol abuse counselor, or psychologist, or psychiatrist. They aren't requiring it be done by anyone certified in HIMS or similar, but they recommend that it be done by someone familiar with aviation guidelines. They included a list of everything that the evaluation needs to address.

I'm still searching for someone to do the evaluation, but I'd love to hear your thoughts on this. At this point, I'm wondering if this is going to turn into an endless back and forth with the FAA, or if there is hope and what might be down the road for me.

One more problem I want advice on is this: on my application, I marked NO on the question asking if I've ever failed a drug test. To my knowledge, I had not. But when I obtained the court records (after I received the first letter), it turns out that I did have a positive drug screen for cannabis on a pre-sentencing drug test that the court required (prior to being placed on probation). I don't recall it, and in fact, the probation department's letter states that I never had any positive drug screens. The full records, of course, (including the aforementioned drug test) were sent in to the FAA in the initial packet of information that they requested. I'm uncertain how to address this issue, or if this completely ruins the possibility of an issuance. They did not address this at all in their subsequent correspondence and I'm uncertain how it should be handled.

To be honest, I did not expect these incidents from my youth, nearly 20 years ago, to be such an issue and I'm finding the process to be quite exhausting. I'm wondering if there is any hope or if I'm perhaps just wasting my time (and money).

As I wrote in my personal statement: "Since this time, I have had no legal issues whatsoever and have developed into an upstanding member of society who continually attempts to better himself. These incidents happened nearly 20 years ago, and my past is not indicative of the person I have become." and "In conclusion, although I still feel bad about my involvement in these past offenses, I do not believe that these mistakes I made at age 18, nearly 20 years ago, should affect my eligibility to receive my medical certification now and I hope that you agree." - I absolutely feel this way, but I'm uncertain if the FAA will concur...

Thanks in advance for any assistance you can provide. I'd be happy to provide any further details requested.
 
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Can't help you with any advice, but I hope it works out for you. Sounds like you are close, hopefully Dr B will chime in. You can also contact him via his website, his fee to review your case is generally very reasonable.
 
The pop drug test is a good sign. I was waiting for the OKC response to an old alcohol abuse notation in psych notes; fearing a full HIMS smackdowm. Instead I got a letter requiring a ten panel within 48 hrs and a CogScreen AE too. Submitted both and got approved shortly after. They didn't throw the book at you...yet
 
As drug issues go with working with the FAA your case sounds like one of the more promising ones to me. Going for the 1st class may mean it is going to take longer to initially get approved, i.e. more back and forth, but I believe you AME is correct that doing so now will make it easier down the road should you decide to go with a 1st class medical.
As for your issue on the application, at this point I would discuss with your AME. My recommendation (and I NOT an expert or even an AME) would be to explain it just like you did something like "I answered "No" to question (xx) the failed drug test question as don't recall ever having or being informed of a positive drug test. My probation documentation reinforced my belief that this was true. However upon receiving and reviewing all of my documentation (same that was provided to the FAA), I see that I did have a positive test recorded)"

Brian
 
The pop drug test is a good sign. I was waiting for the OKC response to an old alcohol abuse notation in psych notes; fearing a full HIMS smackdowm. Instead I got a letter requiring a ten panel within 48 hrs and a CogScreen AE too. Submitted both and got approved shortly after. They didn't throw the book at you...yet
Thanks for your reply.

Did your CogScreen indicate a negative diagnosis? Can you tell me (or PM me) the provider you used? I'm having a hard time finding one.

This is all quite confusing - I've seen elsewhere where others say that a dependency diagnosis means lifetime monitoring... but seeing conflicting opinions on what defines dependency and how that is determined.

EDIT: My letter is asking for "A current substance abuse evaluation which includes a detailed narrative..." so this seems to be different from what they requested of you.
 
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Here's what I'm unclear on: does the FAA consider a "failed drug test, ever" The same as substance dependence? They are both part of the same sentence in question 18.n

If that's the case, would any potential issuance include lifetime monitoring?

Or am I overthinking this?

Seems like a pre-sentencing positive drug test shouldn't affect someone for the rest of their lives when they gave up all substances once on probation, got their act together, and became an adult.

I'm struggling to understand how someone with a single positive drug test could be perceived as inherently worse than someone with a drug event but no test was taken...

I really need to get a good grasp on what is possible and what might be next after this evaluation. As much as I want to continue, if this is going to become a very expensive, endless, uphill struggle I really need to know now.

Thanks in advance!
 


I really need to get a good grasp on what is possible and what might be next after this evaluation. As much as I want to continue, if this is going to become a very expensive, endless, uphill struggle I really need to know now.

Thanks in advance!

The answers and evidence you provide to the questions in section B will inform the FAA on what, if any, conditions would be required for issuance.

 
Any AMEs have any input on any of this? TIA
 
Any AMEs have any input on any of this? TIA

If you're serious about pursuing your medical, your best bet is to pay an AME for a records review and personalized advice. The saying is that you get what you pay for...
 
Well, he's certianly going to need six monhts of proven sobreity (private urine test program and then the HIMS psychiatrist and neruopsychologist. this is a LONG LONG road. Not for the faint of heart nor wallet, nor of patience. If you apply cold there is no way you can pack six months of proven sobreity in the 60 dyas they will give you, so it ends in denial.

red baron is correct.
 
Well, he's certianly going to need six monhts of proven sobreity (private urine test program and then the HIMS psychiatrist and neruopsychologist. this is a LONG LONG road. Not for the faint of heart nor wallet, nor of patience. If you apply cold there is no way you can pack six months of proven sobreity in the 60 dyas they will give you, so it ends in denial.

red baron is correct.
Bruce,

First, thank you very much for your reply. I wish that I had this information prior. My original AME either was not aware or did not communicate any of this, which is unfortunate, because my original application was back in November, and had I known, I would have had more than enough time to obtain this. Sounds like my mistake was seeing a regular AME instead of a HIMS AME from the beginning - simple ignorance on my part.

So there is NO WAY to salvage the existing application at this point? Thing is...right now they are only asking for a substance abuse evaluation. It is likely that I after I submit it, I won't receive additional correspondence from the FAA for several months (as has been the case so far).

At what point are they going to need or request the "proof of sobriety"? They haven't requested it yet, and I could start a test program immediately (I have one test dated 8/22/23 already).


If a denial is inevitable, that would be really sad given all of the time I've already invested in this. If yes, will I simply be able to re-apply afterwards once I have the proof of sobriety?

If denial is inevitable, it sounds like it would be pointless for me to get the requested SAE at this point since if I do re-apply at a later time, they will likely consider that evaluation "not current".

I'm willing to put in the effort, time, and money as long as it isn't a hopeless endeavor.
 
Hello all,

I'm trying to get an idea of what to expect in regards to my FAA medical. Thanks in advance for any information you can provide - I would love to hear from the very knowledgeable @bbchien if possible.

I consulted with an AME last year around November, and explained my past history to the best of my ability - I printed all the available info from online court records and brought them in to my AME. He suggested that I go straight for first class for a couple of reasons - he suggested that since my application will likely be deferred, that once I get the application approved by the FAA, it will be in my past (absolved, basically) and a non-issue moving forward. He also suggested that the review process should be no different whether I went for third class or first class, and that by skipping straight to first class, I avoid the possibility of further review down the road if I wanted to, for instance, upgrade my 3rd class to a first class later on.

So in November, I submitted my application, got my exam with the AME, which was deferred as expected.

It took months, but the FAA finally sent me a letter requesting all relevant records, arrest reports, sentencing reports, a statement from probation officer's, etc...

I had 2 drug related incidents 3 months apart at age 18 (back in 2003/2004)

The first involved possession of a controlled substance, possession of marijuana, and possession of alcohol (as a minor). I was not operating impaired and this was never suggested. I got a good lawyer and ended up with an A misdemeanor.

3 months later I was caught obtaining a controlled substance by fraud. Again - got a good lawyer and ended up with an A misdemeanor for Deception.

My license was never suspended for either incident, nor was I ever required to take part in any treatment or programs of any kind.

Both incidents stemmed from the same situation -- My boss and his wife at the time were using me to obtain drugs to fuel his wife's addiction - they should have been role models, but instead used their position to take advantage for their own gain as well as introducing me to marijuana.

Nonetheless, this was a wake up call - I quit that job, removed myself from their association, and had no further issues since. I discontinued the marijuana, never had any substance-related issues, and rarely consume alcohol. I haven't really had to think about my past for well over a decade until now.

I'm curious what is in store for me now. It took quite the effort (especially because of how old the records are), but I obtained every last document they asked for and submitted them all, along with a requested personal statement.

It took them 6 more months to review, but they just finally sent me a 2nd correspondence. The letter starts with "Your application reveals the needs for additional information regarding your use of Marijuana". This time, they wanted a forensic drug screen within 48 hours of receiving their certified letter. It took ALL DAY to finally find a lab willing to do a 10-panel forensic test on a self-referral (almost everyone I contacted turned me away), but I finally found a lab and got the test done the same day I received the letter. I haven't done drugs since my youth (stopped it all once on probation), and at least by the normal definitions, am not substance dependent. Not only do I not do any illegal drugs, but I barely and rarely drink. Typically only special occasions if at all and very little (I'm a lightweight).

The other item they are wanting is an evaluation done by a certified drug/alcohol abuse counselor, or psychologist, or psychiatrist. They aren't requiring it be done by anyone certified in HIMS or similar, but they recommend that it be done by someone familiar with aviation guidelines. They included a list of everything that the evaluation needs to address.

I'm still searching for someone to do the evaluation, but I'd love to hear your thoughts on this. At this point, I'm wondering if this is going to turn into an endless back and forth with the FAA, or if there is hope and what might be down the road for me.

One more problem I want advice on is this: on my application, I marked NO on the question asking if I've ever failed a drug test. To my knowledge, I had not. But when I obtained the court records (after I received the first letter), it turns out that I did have a positive drug screen for cannabis on a pre-sentencing drug test that the court required (prior to being placed on probation). I don't recall it, and in fact, the probation department's letter states that I never had any positive drug screens. The full records, of course, (including the aforementioned drug test) were sent in to the FAA in the initial packet of information that they requested. I'm uncertain how to address this issue, or if this completely ruins the possibility of an issuance. They did not address this at all in their subsequent correspondence and I'm uncertain how it should be handled.

To be honest, I did not expect these incidents from my youth, nearly 20 years ago, to be such an issue and I'm finding the process to be quite exhausting. I'm wondering if there is any hope or if I'm perhaps just wasting my time (and money).

As I wrote in my personal statement: "Since this time, I have had no legal issues whatsoever and have developed into an upstanding member of society who continually attempts to better himself. These incidents happened nearly 20 years ago, and my past is not indicative of the person I have become." and "In conclusion, although I still feel bad about my involvement in these past offenses, I do not believe that these mistakes I made at age 18, nearly 20 years ago, should affect my eligibility to receive my medical certification now and I hope that you agree." - I absolutely feel this way, but I'm uncertain if the FAA will concur...

Thanks in advance for any assistance you can provide. I'd be happy to provide any further details requested.
What was the forensic drug screen like? Was it hair, urine, blood? I’m in a similar position and am having issues finding a place here in Texas. I have not received a 2nd letter from them but I know what to expect and am already searching for a place.
 
What was the forensic drug screen like? Was it hair, urine, blood? I’m in a similar position and am having issues finding a place here in Texas. I have not received a 2nd letter from them but I know what to expect and am already searching for a place.
It was just urine - but the "forensic" means it can't be the instant drug test in a cup thing. It has to go off to a lab.

As an update, this wasn't nearly as big a deal as I thought, or as many people led me to expect it to be. After the drug test, I had to get a drug abuse evaluation. That came back as no diagnosis and a couple months after I sent that in, I was issued my first class certificate with no restrictions and no SI.

It DID, however, take 13 months... That was the worst part of it. Waiting, wondering, not knowing... Glad it's over.


I hope your experience goes well. Good luck.
 
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It was just urine - but the "forensic" means it can't be the instant drug test in a cup thing. It has to go off to a lab.

As an update, this wasn't nearly as big a deal as I thought, or as many people led me to expect it to be. After the drug test, I had to get a drug abuse evaluation. That came back as no diagnosis and a couple months after I sent that in, I was issued my first class certificate with no restrictions and no SI.

It DID, however, take 13 months... That was the worst part of it. Waiting, wondering, not knowing... Glad it's over.


I hope your experience goes well. Good luck.
Thank you for the quick response and information, Sir.
I barely started as a student pilot and was advised to not start spending too much money on classes until I am positive I can get approved for the class 1 (I intend on making a career out of aviation as an ATP).
But given that my circumstance is similar to yours, I feel more confident after hearing that from you. The wait time is of course annoying but I’ll be studying and slowly getting my PPL and ratings in the meantime anyhow.

UPDATE: After I send in my documents and police report report regarding my marijuana paraphernalia charge, the FAA says that it will take up to 10 days to scan the documents and upload them to MedXpress. During that time, will they send out an immediate request for the 48 hour drug test, or is there that ~6month delay for their second letter?
 
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Thank you for the quick response and information, Sir.
I barely started as a student pilot and was advised to not start spending too much money on classes until I am positive I can get approved for the class 1 (I intend on making a career out of aviation as an ATP).
But given that my circumstance is similar to yours, I feel more confident after hearing that from you. The wait time is of course annoying but I’ll be studying and slowly getting my PPL and ratings in the meantime anyhow.

UPDATE: After I send in my documents and police report report regarding my marijuana paraphernalia charge, the FAA says that it will take up to 10 days to scan the documents and upload them to MedXpress. During that time, will they send out an immediate request for the 48 hour drug test, or is there that ~6month delay for their second letter?
It's hard telling. Almost each one of my interactions had a 60 day delay before they sent out another request.

Know that if they do require a drug test, that letter will be sent CERTIFIED (signature required). The 48 hour deadline that you have to get the test starts the moment you sign for the certified letter. Be careful that you don't have a family member that you live with sign for it while you are out of town for work or vacation or something like that or your will have big problem...

I do agree that you should wait until you actually HAVE your certificate before training. Your circumstances might be quite different from mine. In my case the fact that nearly 20 years had elapsed likely played a big role in the outcome and what was required. I would hate to lead you to believe that it is no big deal only for them to require tons more hoops for you to jump through...
 
It's hard telling. Almost each one of my interactions had a 60 day delay before they sent out another request.

Know that if they do require a drug test, that letter will be sent CERTIFIED (signature required). The 48 hour deadline that you have to get the test starts the moment you sign for the certified letter. Be careful that you don't have a family member that you live with sign for it while you are out of town for work or vacation or something like that or your will have big problem...

I do agree that you should wait until you actually HAVE your certificate before training. Your circumstances might be quite different from mine. In my case the fact that nearly 20 years had elapsed likely played a big role in the outcome and what was required. I would hate to lead you to believe that it is no big deal only for them to require tons more hoops for you to jump through...
Understood.
And yes, the first letter the FAA sent me (requesting the police report) was certified and needed a signature.
I just have a marijuana drug paraphernalia charge from college, Class C misdemeanor. It involved a homemade plastic soda bottle, and other people were involved; all of this is written in the police report that I'll be sending the FAA. This was eight years ago. I've been clean since 2020, not even alcohol or tobacco.
I'm already 30 years old and I'm getting anxious to formally start a career... but it is what it is.
I spoke with my instructor a bit ago and he said I can start slowly if I wanted to, but I obviously won't be able to do any solo or check-ride until I get a medical... and I can't do BasicMed since I currently have an active, deferred medical with OK City.

Thank you again for the guidance, it's quite refreshing to hear from someone who has gone through something similar.
 
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Understood.
And yes, the first letter the FAA sent me (requesting the police report) was certified and needed a signature.
I just have a marijuana drug paraphernalia charge from college, Class C misdemeanor. It involved a homemade plastic soda bottle, and other people were involved; all of this is written in the police report that I'll be sending the FAA. This was eight years ago. I've been clean since 2020, not even alcohol or tobacco.
I'm already 30 years old and I'm getting anxious to formally start a career... but it is what it is.
I spoke with my instructor a bit ago and he said I can start slowly if I wanted to, but I obviously won't be able to do any solo or check-ride until I get a medical... and I can't do BasicMed since I currently have an active, deferred medical with OK City.

Thank you again for the guidance, it's quite refreshing to hear from someone who has gone through something similar.
Sounds simple enough - hope it goes quickly for you!

You can't do basic med anyways - basic med required that you have already previously held a valid medical certificate, 3rd class or above. After you get through all of this (even if you had to get a SI), you can go basic med. As you likely already know, basic med is basically a replacement for a 3rd class -- you can't do commercial or ATP with basic med.

Good Luck!
 
Sounds simple enough - hope it goes quickly for you!

You can't do basic med anyways - basic med required that you have already previously held a valid medical certificate, 3rd class or above. After you get through all of this (even if you had to get a SI), you can go basic med. As you likely already know, basic med is basically a replacement for a 3rd class -- you can't do commercial or ATP with basic med.

Good Luck!
...third class with reduced privileges.
 
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