May we know the reason that you have this interest? If for an actual medical condition, can we know which one? Or are you seeking it so that you can use MJ for recreational purposesI have been interested in getting my medical marijuana card which is here in PA.
Didn’t miss much. Just the quarterly medical marijuana thread.Missed it, SEE YA!
Already been discussed.How about CBD oil? I know people who have gotten incredible relief from it for RA.
And 10 other states with many more pending. It isn't going away. Folks will have to deal with it. Colorado is still trying to define driving under the influence. Unlike alcohol no direct measure for pot so they go by road side behavior/tests.Hell, In komnifornia you don’t need a medical card, recreational is legal. People will lie, until something bad happens, then it’s over.
18n. Substance dependence or failed a drug test ever; or substance abuse or use of illegal substance in the last 2 years.[Putting on the flame suit]
Which MedExpress questions require the applicant to disclose a Dr's recommendation for THC (aka medical marijuana) OR use of marijuana that has never resulted in a motor vehicle action?
Not taking a side, and not even asking for a friend, since I have none.
[flame suit off]
18n. Substance dependence or failed a drug test ever; or substance abuse or use of illegal substance in the last 2 years.
As far as the FAA is concerned use of marijuana is use of an illegal substance since it is illegal under federal law.
Not sure where OP is on that portion, but yes. could be trap door to fall through.
You might legitimately dodge that one if your state has legalized it.
How so? Since OP removed his content, I don’t know his story, but 18.n is quite clear: use of an illegal substance under federal law within the past 2 years.
If it clearly states "Federal", you're right.
I still think that legal marijuana would justify a “no” answer as it isn’t an illegal substance by that definition. It is a substance by their definition, but the question adds “illegal” as a qualifier without a reference to jurisdiction.https://www.faa.gov/about/office_org/headquarters_offices/avs/offices/aam/ame/guide/media/applicant history.pdf
18.n. Substance dependence; or failed a drug test ever; or substance abuse or use of illegal substance in the last 2 years. "Substance" includes alcohol and other drugs (e.g., PCP, sedatives and hypnotics, anxiolytics, marijuana, cocaine, opioids, amphetamines, hallucinogens, and other psychoactive drugs or chemicals). For a "yes" answer to Item 18.n., the Examiner should obtain a detailed description of the history. A history of substance dependence or abuse is disqualifying. The Examiner must defer issuance of a certificate if there is doubt concerning an applicant's substance use.
(See Item 47, page 115).
...It is a substance by their definition, but the question adds “illegal” as a qualifier without a reference to jurisdiction.
The FAA can suck it...
That is guidance for the AME after the airman answers yes. What is the airman presented with in the question? I’ll bet it’s not that verbose.Is this more clear:
Submit the following for FAA review:
Airman statement that describes all of the following:
1. Primary drug used.
2. Any additional drugs/substances used in
the airman’s lifetime (This includes marijuana even if allowed in some states, illicit drugs, prescription medications, or others).
3. Describe for each:
a) Frequency of use;
b) Amount used;
c) Setting in which used; and
d) Dates use started and stopped.
4. Did you attend any treatment program(s)? If yes, provide beginning and end dates.
If no, this should be stated.
5. Any economic, legal problems, or
other adverse consequences from use?
https://www.faa.gov/about/office_or...m/ame/guide/media/DrugUseDispositionTable.pdf
Not sure if you're trolling or serious, but there's no need for a "reference to jurisdiction". Federal law still says marijuana is illegal. Thus, if you're in the US and using marijuana, you're using an illegal substance as far as the feds are concerned.I still think that legal marijuana would justify a “no” answer as it isn’t an illegal substance by that definition. It is a substance by their definition, but the question adds “illegal” as a qualifier without a reference to jurisdiction.
That is guidance for the AME after the airman answers yes. What is the airman presented with in the question? I’ll bet it’s not that verbose.
https://www.faa.gov/about/office_org/headquarters_offices/avs/offices/aam/ame/guide/media/applicant history.pdf
18.n. Substance dependence; or failed a drug test ever; or substance abuse or use of illegal substance in the last 2 years. "Substance" includes alcohol and other drugs (e.g., PCP, sedatives and hypnotics, anxiolytics, marijuana, cocaine, opioids, amphetamines, hallucinogens, and other psychoactive drugs or chemicals). For a "yes" answer to Item 18.n., the Examiner should obtain a detailed description of the history. A history of substance dependence or abuse is disqualifying. The Examiner must defer issuance of a certificate if there is doubt concerning an applicant's substance use.
(See Item 47, page 115).
"... or use of illegal substance ...", which, in this case, means per federal law.That list (bolded) obviously isn't defining what the FAA views as illegal since alcohol is included. It is defining substances that you can be dependent on.
At least that's the way I interpret it.
That’s great. But the FAA needs to specify the jurisdiction when asking someone to self-incriminate. Because in Colorado, while federal law may still consider marijuana illegal, an airman can buy it and consume it just like any other consumer product. And if someone asks them if it’s illegal they’re not going to think about federal law when giving the answer.Not sure if you're trolling or serious, but there's no need for a "reference to jurisdiction". Federal law still says marijuana is illegal. Thus, if you're in the US and using marijuana, you're using an illegal substance as far as the feds are concerned.
Federal law supersedes local laws. Google "constitution supremacy clause" for more info.
"... or use of illegal substance ...", which, in this case, means per federal law.
It sounds like you're stating this as though the NTSB has never found THC in toxicology after fatal accidents before and that because states are low legalizing recreational use accidents in which the presence of THC is a factor will be start to happen. Those accidents have been happening for as long as the NTSB has been keeping score. The individuals who were inclined to lie on the medical and smoke even though they knew the FAA didn't allow it, were doing it anyway. Legal recreational use changes nothing for that group. So the demographic we're talking about here is an individual who is ethical enough to not want to lie on the medical form but stupid enough to think that because certain states have legalized it, the FAA is now ok pilots using it.Hell, In komnifornia you don’t need a medical card, recreational is legal. People will lie, until something bad happens, then it’s over.
As has been pointed out, the word federal does not appear anywhere in the text of 18.n. So your argument here is extremely weak. The FAA's stance is not clear. Lots of us including myself agree the FAA most likely will favor the federal law with it comes to the definition of illegal. But the FAA is not clear on that. Including the word federal in the text would make their stance clear as would issuing an official letter of interpretation on the subject. But until either of those things happen, we're left to assume their feeling on it IMO.How so? Since OP removed his content, I don’t know his story, but 18.n is quite clear: use of an illegal substance under federal law within the past 2 years.
Actually, the FAA is restricted to considering only federal law, at least according to one long-time FAA employee.... As has been pointed out, the word federal does not appear anywhere in the text of 18.n. So your argument here is extremely weak. The FAA's stance is not clear. Lots of us including myself agree the FAA most likely will favor the federal law with it comes to the definition of illegal. But the FAA is not clear on that. Including the word federal in the text would make their stance clear as would issuing an official letter of interpretation on the subject. But until either of those things happen, we're left to assume their feeling on it IMO.
I have no doubt. But the fact remains, the text of the medical form is fuzzy on the topic. Which makes sense because until recently there was no need for them to be more specific. We all know they have no problem being very specific with their wording when required. Times have changed so its probably time for them to get more specific with their wording on this topic than they've had to be in the past.Actually, the FAA is restricted to considering only federal law, at least according to one long-time FAA employee.
And 10 other states with many more pending. It isn't going away. Folks will have to deal with it.
Dude. It's the FEDERAL Aviation Administration. You're really going to persist with this? What part of "federal law supersedes local law" was unclear? Ignorance of the law is not an excuse.That’s great. But the FAA needs to specify the jurisdiction when asking someone to self-incriminate. Because in Colorado, while federal law may still consider marijuana illegal, an airman can buy it and consume it just like any other consumer product. And if someone asks them if it’s illegal they’re not going to think about federal law when giving the answer.