Does a medical marijuana card trump an aviation certificate?

An interesting question crossed my desk this morning. I received an email from a concerned citizen, whereabouts unknown, who is quite worried about the potential problem of A&P mechanics being under the influence of marijuana when working on aircraft.

His worry stems from a co-worker, a young fellow who is enrolled in an A&P program of some sort. Many of the specifics of the issue were missing from the email, but the crux of it was this: His compatriot holds a state-issued card that allows him to purchase and use marijuana products.

It seems the young man is under the impression that since the card was issued by a doctor with the full backing of his state, he will be free to continue using marijuana and its various byproducts when he is a certificated A&P mechanic.

Uh…no. That’s not how this works.

It is true that there is no requirement for A&P mechanics to submit to a medical exam or maintain a medical certificate in order to be issued an A&P certificate. Yet, that does not mean A&Ps can run wild either.

While the FAA has no specific drug testing requirement for A&P mechanic certificate holders, it does require that employers drug test their employees and contractors.

There is no getting around it. If you work in aviation in a capacity that requires you to touch an aircraft, you’re going to be submitting yourself for drug testing now and then. The process isn’t unlike what major league sports does with its players.

My opinion and personal experience aside, there is a rock-solid indicator that marijuana or any other drug that might affect one’s ability to perform their duties safely and effectively is verboten by the FAA. That rule can be found in 14 CFR Part 120.33(b).

Trust me, it’s there. I would encourage anyone who feels there is a gray area to this discussion point to go look it up for themselves.

The regulation reads simply enough (for FAA language, anyway):

“No certificate holder or operator may knowingly use any individual to perform, nor may an individual perform for a certificate holder or operator, either directly or by contract, any function listed in Subpart E of this part while that individual has a prohibited drug, as defined in this part, in his or her system.”

That’s pretty all inclusive, eh?

In Subpart E (you knew I was going to go there), under the heading of “Purpose,” you will find the following line: “The purpose of this subpart is to establish a program designed to help prevent accidents and injuries resulting from the use of prohibited drugs by employees who perform safety-sensitive functions.”

Notice, they don’t mention pilots. They mention certificate holders, operators, employees, and contractors. It is a legalese method of saying, with great specificity, “this means you!”

This regulation is as much a catch-all as the famous 91.13 (careless and reckless) regulation that pilots learn so early in their training.

And should there be any question about who exactly is being required to submit to drug testing, the FAA is kind enough to delineate that list in FAR 120.105. It includes those who perform flight crewmember duties, flight attendant duties, flight instruction duties, aircraft maintenance and preventive maintenance duties, ground security coordinator duties, aviation screening duties, air traffic control duties, and operations control specialist duties.

Basically — and I’m paraphrasing here for the benefit of those who think they can spot a loophole — if you work in aviation you will be drug tested.

That means you have to make a decision: Do you want to party like it’s 1999 or do you want to work in aviation?

That’s the full spectrum of your considerations. It’s a binary choice. Pick the one that’s most important to you with the full knowledge that the door to the other will shut tight as a result.

For those of us who grew up in the 1960s and 1970s when the drug culture was kicking into high gear and the divergent views of the youth movement and the various administrations were on public display, the past use of illicit drugs may have been a real question early in our careers. No one is advocating drug use, or alcohol abuse, or a lifestyle that includes self-destructive behavior that alters our thinking and inhibits our actions. Just the opposite, in fact.

True, I’m getting on to the point where I could be described as elderly, but to this point in my long career, nobody has ever asked me to prove I was squeaky clean and morally upright during my teen years.

I’m not saying I was. I’m not saying I wasn’t. I’m saying it’s immaterial.

The industry has a profound need for quality candidates throughout a wide assortment of job classifications. It would be a shame if well intentioned men and women chose not to pursue aviation as a career simply because they misunderstood and thought the FAA or their potential employers would be doing an extensive background check into their youthful years to see if they conducted themselves with the grace and restraint of a character starring in a 1950s television show.

Similarly, it would be unfortunate if talented, qualified individuals completed their training, sought employment, and were booted from the industry because they erroneously believed their medical marijuana card or CDB shampoo was okie dokie with the FAA, because a neighbor, a co-worker, a fellow student, or even a doctor told them not to worry about it.

As is so often the case, the key to finding the best, most accurate answer to a question involving aviation comes from wading through the FARs to seek out the exact ruling that pertains to the question at hand.

Research. Learn to love it. There is a lot of research to be done for all of us who are involved in this remarkable pursuit of a life in the air.

Marijuana? There’s none of that. In any form. Pass it on.