FAA Considers New Marijuana Standards For Pilots Under Rescheduling

FAA Launches Internal Policy Review

The FAA confirmed it's begun an internal review of its drug-testing and medical-certification standards for aviation personnel in response to cannabis rescheduling. The agency's current rules, codified in 14 CFR Part 67, prohibit pilots and air traffic controllers from using any Schedule I or Schedule II controlled substances. Cannabis rescheduling to Schedule III creates a regulatory gap the FAA must now address.

An FAA spokesperson said the agency is coordinating with the Department of Transportation and the Office of the Secretary to determine whether existing safety protocols require modification. The review will examine medical-certification standards, drug-testing protocols, and enforcement procedures for safety-sensitive positions.

Current Zero-Tolerance Policy Remains In Effect

The FAA's zero-tolerance policy for cannabis use by pilots and air traffic controllers remains unchanged during the review period. Federal Aviation Regulation 14 CFR 91.17 prohibits any person from acting as a crewmember of a civil aircraft within eight hours of consuming alcohol or while under the influence of any drug that affects the person's faculties. The FAA interprets this to include cannabis regardless of scheduling status.

Pilots who test positive for THC metabolites face immediate medical-certificate suspension and potential enforcement action. The agency conducted 12,847 drug tests on safety-sensitive aviation personnel in fiscal year 2025, with a positive rate of 0.6 percent for cannabis metabolites. Those figures are expected to remain stable under current enforcement posture.

Medical Cannabis Certification Dilemma

Here's the FAA's challenge in plain terms: rescheduling creates a pathway for state-legal medical cannabis patients to argue for accommodation, but federal aviation safety law offers no mechanism for that accommodation. Aviation medical examiners currently deny medical certificates to applicants who disclose cannabis use, even with a state medical card. Schedule III status may prompt legal challenges to that blanket denial.

The agency's position has been that any psychoactive substance that impairs cognitive or motor function disqualifies an applicant, regardless of scheduling—but that position becomes harder to defend when the federal government itself recognizes accepted medical use.

The FAA hasn't indicated whether it'll create a medical-cannabis exemption process similar to protocols used for other Schedule III medications like ketamine or anabolic steroids, which are permitted under specific conditions with agency approval.

What Aviation Operators Are Watching

Airlines and air-traffic-control facilities are awaiting FAA guidance on whether rescheduling will alter pre-employment screening or random-testing protocols. Operational policy will likely lag legal rescheduling by months or years while the FAA completes rulemaking.

Industry groups including the Air Line Pilots Association and the National Air Traffic Controllers Association haven't issued public positions on cannabis-policy reform. Both unions have historically supported the FAA's zero-tolerance approach to impairing substances.

For full background on this story, see the CannIntel topic hub on FAA marijuana aviation standards.

The next signal: whether the FAA issues an advance notice of proposed rulemaking or proceeds directly to internal policy guidance. Either path will take at minimum 12-18 months to finalize.