Failed Drug Test

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Hello, I have a question about my 3rd class medical and student pilot cert. About 6 years ago I failed a drug test in the militray. I got stupid one night at a party and had the bad idea to try it. Anyway, I got in trouble with the military for "unlawful use of a controlled substance." This happened through a summary court martial, which is I guess equivilant to a misdemeanor in the civilian world. I didn't get a dishonorable discharge or anything, but I'm worried about what I should put on my medical application. What I was charged with, though wrong of me in any case, is not a crime in the civilian world. So I guess my question is, should I list that under "other misdemeanors and felonies," even though it's not? I wasn't charged with anything other than failing the drug test... no possession, driving while under the influence, etc. This however does show up on an FBI fingerprint background, so I don't know what to do. Since I got in trouble 6 years ago, I haven't used any drugs or even drank. I'm a volunteer fire chief, so obviously I'm a trusted person, and I've been working for the same company constantly being promoted for 5 years. Please help me understand what to do so I can realize my life long dream of flying! Thank you!!
 
Dr. Bruce will chime in, I'll bet. My advice is to "come clean" on the medical application - lay out all the information accurately and completely. The best case will be that your AME will have guidance that allows him to issue your medical himself. More likely, he'll have to send it to OKC for review and you may have to submit a follow-on drug screen and perhaps a medical evaluation of some sort. Then I would expect your medical would come through.

The worst case in this situation is you "hide" something, and the FAA eventually finds out. Now you're in double-trouble - first for the offense, and second for the hiding it. That can cause them to yank your medical permanently.

Aviation (especially part 91 general aviation) is founded on the honor system. The system expects it's participants to be honest, whether it's filling out the medical application or meeting currency requirements for carrying passengers. Folks who cheat can get away with it for a while, but can also end up in legal trouble (bad), or wrapped up bleeding to death in a ruined airplane (worse, especially if you take others with you).
 
Yeah, I was going to be honest and tell the AME either way, but I just figured I would get some guidance on whether or not this is condiered under the "other crimes" category. Thank you very much for the reply!
 
Unregistered said:
Hello, I have a question about my 3rd class medical and student pilot cert. About 6 years ago I failed a drug test in the militray. I got stupid one night at a party and had the bad idea to try it. Anyway, I got in trouble with the military for "unlawful use of a controlled substance." This happened through a summary court martial, which is I guess equivilant to a misdemeanor in the civilian world. I didn't get a dishonorable discharge or anything, but I'm worried about what I should put on my medical application. What I was charged with, though wrong of me in any case, is not a crime in the civilian world. So I guess my question is, should I list that under "other misdemeanors and felonies," even though it's not? I wasn't charged with anything other than failing the drug test... no possession, driving while under the influence, etc. This however does show up on an FBI fingerprint background, so I don't know what to do. Since I got in trouble 6 years ago, I haven't used any drugs or even drank. I'm a volunteer fire chief, so obviously I'm a trusted person, and I've been working for the same company constantly being promoted for 5 years. Please help me understand what to do so I can realize my life long dream of flying! Thank you!!
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You really should consult a lawyer on this. While it 's not a major crime, what you were charged and convicted of is a crime both inside the military as well as out. Best to get this taken care of now so you know where you stand then to find out later. Not reporting convictions can be used as a reason to fire you from a job as well as removing you from your volunteer position in the fire department. The size of your conviction is not the problem as much as you not reporting it when asked to.
 
Lawyer time. You need to confirm if this item is required to be reported. It may be that your military discipline may not be considered as what the FAA needs to have reported that can be verified by them. Spend a little money and get a quality opinion on how to answer the question truthfully.
 
jtheune said:
You really should consult a lawyer on this. While it 's not a major crime, what you were charged and convicted of is a crime both inside the military as well as out. Best to get this taken care of now so you know where you stand then to find out later. Not reporting convictions can be used as a reason to fire you from a job as well as removing you from your volunteer position in the fire department. The size of your conviction is not the problem as much as you not reporting it when asked to.
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That is not necessarily true depending what it was, and where it was.
 
EdFred said:
That is not necessarily true depending what it was, and where it was.
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Your right. If the act took place in Amsterdam then it's possible not illegal depending on what he did. However he said that he had been convicted of unlawful use of a controlled substance and while what the substance is depends on where you are, I don't know of any place on the globe that does not have laws about at least some controlled substance. What varies is what it is.
 
I do not think that a military courts-martial is necessarily equivalent to a criminal conviction. They play by a whole different set of rules. As far as I know, most U.S. citizens cannot be forced to take a random urine drug screen unless you are on parole or under some court order. In the military you can be subjected to the UCMJ for getting a bad sunburn or being late for work. I think the the application would need to ask specifically if you have been convicted of something in a military court or subject to military discipline, but ask an attorney.

BTW why can't I say "p*** test"? Who wrote the censor software, somebody's grandma?
 
I would not put anything positive in teh 19b box- "other convictions". I would hoewever check the box in 18n as to a failed drug test.

The attitude of Civil Aeromedical will be, since this is more than 5 years, and there has been no recurrence, that itis an "event". The presumption will be that in 5 years if you had a continuing problem, you would have a DUI by now.

Notarum Bene: Never get a second DUI or a drunk and disorderly. You'll be in a world of hurt and expense with TWO items.
 
Thanks for all of the great info. I went to the AME and was very honest with him. We just said that I failed a drug test on the medical form. He ended up defering it to the FAA, but was very helpful and is waiting to send everything in until we create a "perfect package" of proof of no current drug use. I'm writing up a statement, getting the results of all of my recent random drug tests from my employer, a statement from my primary care doctor just saying he hasn't known me to have any issue with drugs, and other recommendations from my employers and the president of my fire company also stating that they are aware of my past, but they haven't know me to have any current issues and also having them touch on my trustworthiness and responsibility. My AME seems to be pretty confident that if we do all of this I shouldn't have a problem getting my certificate.
 
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