Health Watch: Marijuana: The Consequences of Getting High

By ALPA Staff

On October 17, Canada became the second country in the world, after Uruguay, to legalize the recreational use of marijuana. In the United States, cannabis is legal for recreational use in nine states and for medicinal use in 31 states. In June, the U.S. Food and Drug Administration approved the first prescription drug, Epidiolex, that contains marijuana compounds. Studies have demonstrated that use results in a reduction in the frequency of seizures for patients who suffer from several severe forms of epilepsy.

Despite this news, the growing, processing, sale, possession, or transportation of marijuana remains a crime under the federal U.S. Controlled Substances Act. While the U.S. Department of Justice has refrained from prosecuting states implementing marijuana laws, the status of future legal action remains uncertain.

And while those who use, sell, or distribute marijuana may face jail time and fines, there’s a double whammy for airline pilots, who risk FAA enforcement action under 14 CFR 61.15. Cannabis is classified as a Schedule I “controlled substance.” A positive U.S. Department of Transportation (DOT) drug test can result in the revocation of both a pilot’s airman and medical certificates. If fortunate enough to be given a second chance, a pilot would likely face substance abuse/dependency treatment as part of the Human Intervention Motivation Study (HIMS) program before being considered for recertification.

Although public tolerance of cannabis appears to be shifting, the scientific community continues to cite potential health consequences, such as the deterioration in intellectual function, memory loss, the drug’s inclination to irritate the throat and lungs, and other wellness concerns. Further complicating matters is the use of cannabinoids, chemical compounds secreted by cannabis plants that often come in edibles or oils. In addition, synthetic cannabinoids, which are man-made and used as an alternative to marijuana, are also being marketed.

It’s important to note that cannabinoids cannot guarantee the absence of THC, tetrahydrocannabinol. This is a significant distinction because THC is one of the compounds the DOT targets when conducting random drug testing of flightcrew members.

Even if it’s prescribed by a physician, the use of marijuana will not excuse a positive drug test and is still considered disqualifying by the DOT. Dr. Quay Snyder, ALPA’s aeromedical advisor, points out that passive inhalation is not a legitimate explanation for a positive drug test, nor is unknowing ingestion. He notes that several pilots who used synthetic cannabinoids to possibly avoid DOT-positive tests had serious psychotic reactions, a known and relatively common side effect that results in permanent medical disqualification.

What about ALPA members north of the 49th parallel? “It’s illegal to fly while impaired by cannabis now and after it’s legal in Canada,” said Mélany Gauvin, Transport Canada’s director of operations, in a public statement last summer.

Pilots can be sanctioned under Canadian Aviation Regulations or prosecuted under Article 253 of the Canadian Criminal Code. The former applies in circumstances in which cannabis was simply identified in the pilot’s blood at the time the test was performed. In the latter case, the pilot must be determined to be impaired when he or she was in custody of the aircraft.

Even with the more lenient views on recreational use of marijuana in Canada, both WestJet and Air Canada have announced that pilots and other operations employees are still barred from using the drug.

Air Canada publicized, “Employees working in safety-critical areas at the company, including flight operations and aircraft maintenance, will be prohibited from using cannabis and cannabis products at all times, both on duty and off duty.”

F/O Ellen Brinks (Delta), ALPA’s Aeromedical Committee chair, advises, “Err on the side of caution and avoid marijuana and cannabinoids under any circumstances, particularly if their use could mean gambling with your job and public safety.”

This article was originally published in the November 2018 issue of Air Line Pilot.