Failed Drug Test- Xanax

Fuller

New Member
In the 11th grade I went off to boarding school and the first couple of weeks I hung out with some guys I thought were cool. One night they decided to take Xanax and I had never been exposed to drugs but I took one. Later that night one of the boys got caught and told on everyone. Our school drug policy was that they take us to the ER and have a drug test. I failed the drug test but was allowed to stay in school. I went to a drug counselor for one session and it was concluded that I was a smart kid who just hung out with the wrong people and made a stupid mistake. I was put on a strict random drug test until my 11th grade year was over and I passed everyone of them. Now my 12th grade year is coming to an end and i'm getting ready for my 1st class medical. I know I have to expose to the FAA that I failed that drug test, but I want to know if failing that one test could ruin my opportunity of receiving a medical. That is the only big thing in my medical history and i'm worried about being deferred. I have all the medical records and counselor statements ready to give to the AME, but i'm wondering what he will think. I just made a stupid mistake and I don't want it to haunt me.
 

SFLAX

Well-Known Member
Why would you have a to tell them? Talk to an aviation lawyer, this was not a legal drug test or one for employment.
 

Fuller

New Member
No arrest no convictions if I read the form correctly.
Section 18.n. on the 8500-8 form: "Substance dependence or failed a drug test ever, or substance abuse or use of illegal substances in the past 2 years"
 

SFLAX

Well-Known Member
I'm going to lawyer this up, not a real lawyer, it's all about how you interrupt what you did, how,it was administered , and why? If your parents gave it to you? Should you report that . Yes, you failed it, okay, but is it legal for them to release that info, was the test done in a legal manor? A lawyer will answer that, but I would not fill out yes until I was 100% sure it was reportable. Can the FAA ask for the results ? Also, are the drugs illegal? Nope, did you take the drugs without a prescription yes, is that illegal? Were you caught with them? Nope.
 

esa17

Well-Known Member
Here is the thing, I don't think you "failed" a drug test because you were not attempting to conceal drug use.

You were tested for a specific substance and tested positive. I'd also question whether on not the school actually tested you, told you they did, and got you to cop to it.

This was not a pre-employment or DOT drug test.

Talk to a lawyer and when he says forget about it do just that. If you were being dishonest and trying to conceal bad behavior I'd be far more concerned. If in an interview you told me as a 16yr old you'd never done something stupid I'd call you a liar.
 

Fuller

New Member
Here is the thing, I don't think you "failed" a drug test because you were not attempting to conceal drug use.

You were tested for a specific substance and tested positive. I'd also question whether on not the school actually tested you, told you they did, and got you to cop to it.

This was not a pre-employment or DOT drug test.

Talk to a lawyer and when he says forget about it do just that. If you were being dishonest and trying to conceal bad behavior I'd be far more concerned. If in an interview you told me as a 16yr old you'd never done something stupid I'd call you a liar.
My school sent me to the hospital and I peed in a cup and the test results are on my medical record, I have the paper here. I've talked with many companies and most say I will get my medical but it will be differed first. Only because I took an illicit drug not prescribed to me.
 

z987k

Well-Known Member
My school sent me to the hospital and I peed in a cup and the test results are on my medical record, I have the paper here. I've talked with many companies and most say I will get my medical but it will be differed first. Only because I took an illicit drug not prescribed to me.
I'd still get a lawyer's opinion on this. There could be all kinds of things wrong with that test. Did they re-test the second sample once they got the positive, did you agree to be tested, etc. If you can bury this, it'd be best to do so. If not, then you'll have to deal with it, but it's going to be a PITA for a long time.
 

SFLAX

Well-Known Member
So it's on your medical records ? Is it a criminal record? You have to release them, they just can't. I would be talking to a lawyer on this. Hospitals make mistakes, did you sign the chain of custody form? Did you watch them seal the sample. This thing is ripe for a lawsuit. Get a lawyer.
 

Fuller

New Member
I'd still get a lawyer's opinion on this. There could be all kinds of things wrong with that test. Did they re-test the second sample once they got the positive, did you agree to be tested, etc. If you can bury this, it'd be best to do so. If not, then you'll have to deal with it, but it's going to be a PITA for a long time.
So it's on your medical records ? Is it a criminal record? You have to release them, they just can't. I would be talking to a lawyer on this. Hospitals make mistakes, did you sign the chain of custody form? Did you watch them seal the sample. This thing is ripe for a lawsuit. Get a lawyer.
I mean I've talked to companies to help me get through this but there is no need for a lawyer. I know I failed the drug test because I took the medicine, I told them that. I signed certain rights over to the school when I came here. Really they gave me the test to see how much of the drug I was on and if i was at safe levels. It was really for the school. But since the form says "have you ever failed a drug test" I have to check yes. This really isn't an issue I can lie about, no matter if i was a minor or my school forced me. I mean it's only an issue because my school made me go and made me have a drug test due to their policy. If they hadn't have taken me, this wouldn't have been an issue.
 

z987k

Well-Known Member
I mean I've talked to companies to help me get through this but there is no need for a lawyer. I know I failed the drug test because I took the medicine, I told them that. I signed certain rights over to the school when I came here. Really they gave me the test to see how much of the drug I was on and if i was at safe levels. It was really for the school. But since the form says "have you ever failed a drug test" I have to check yes. This really isn't an issue I can lie about, no matter if i was a minor or my school forced me. I mean it's only an issue because my school made me go and made me have a drug test due to their policy. If they hadn't have taken me, this wouldn't have been an issue.
It's your life, but I'd have a lawyer. The only reason we're even trying to help you is because you're clearly being honest and it doesn't appear you have any sort of an issue with controlled substances. But it'll still look terrible on paper when you check that box on every job application for the rest of your life.
There is a reason you can expunge criminal convictions and such.
It is really in your best interest to see if there is a way to suppress this, or even not have to report it. But that's a question for a lawyer, not pilots. It's a legal question.
You've already owned up to it enough, there's no reason to make the rest of your life incredibly difficult. Have you at least asked an AME about it - outside the scope of getting a medical on that day? If we still had the Dr. on these forums, I'd suggest at the very least you call him and see what he has to say. Perhaps someone else knows of a very knowledgeable AME. You don't necessarily what the rubber stamp AME when the application has even a 1% chance of deferral. Actually, I think we have an ask a lawyer section on here to. This thread belongs there.

Also it's not about lying on the application. Under no circumstances should you do that. The question is more - does what happened to you qualify to make you check that box, or can it be suppressed or some such thing to make it, for all intents and purposes, have never happened in the eyes of the FAA.
 

Fuller

New Member
It's your life, but I'd have a lawyer. The only reason we're even trying to help you is because you're clearly being honest and it doesn't appear you have any sort of an issue with controlled substances. But it'll still look terrible on paper when you check that box on every job application for the rest of your life.
There is a reason you can expunge criminal convictions and such.
It is really in your best interest to see if there is a way to suppress this, or even not have to report it. But that's a question for a lawyer, not pilots. It's a legal question.
You've already owned up to it enough, there's no reason to make the rest of your life incredibly difficult. Have you at least asked an AME about it - outside the scope of getting a medical on that day? If we still had the Dr. on these forums, I'd suggest at the very least you call him and see what he has to say. Perhaps someone else knows of a very knowledgeable AME. You don't necessarily what the rubber stamp AME when the application has even a 1% chance of deferral. Actually, I think we have an ask a lawyer section on here to. This thread belongs there.

Also it's not about lying on the application. Under no circumstances should you do that. The question is more - does what happened to you qualify to make you check that box, or can it be suppressed or some such thing to make it, for all intents and purposes, have never happened in the eyes of the FAA.
My dad has a PH.D in law and is working with the AOPA and Pilot Medical Sol. I'm just a curious teen doing my own research and seeing what other people have to say. I really appreciate your responses and advice.
 

SFLAX

Well-Known Member
Not to say to do this, but would love to hear an opinion. If you say no, how would they find out? It's not criminal.
 

Fuller

New Member
If I were you, I would delete your account here, keep your nose clean, and not mention any of this to anyone ever again (other than your lawyer or parents). Good on you trying to do the right thing, but there are also some things that don't belong on the internet. This would be one of them.
What? I'm not doing anything illegal. I am asking the opinion of the public and see if anyone has ever been in my situation. I am not going to lie to the FAA about anything. I was hoping there might be an AME on here that can give me advice.
 

juxtapilot

Snowflake
What? I'm not doing anything illegal. I am asking the opinion of the public and see if anyone has ever been in my situation. I am not going to lie to the FAA about anything. I was hoping there might be an AME on here that can give me advice.
I'll repeat what the rest of the posters have said. Do NOT report this without first speaking to an aviation lawyer. It may likely be that your school tested you to check levels of the drug and make sure you were healthy. I don't think the intent of the question asked on the form 8500-8 about drug use applies in your situation. If you were using illegal drugs, and for some reason were tested for pre-employment or DOT that may be different. I really don't know.. But, I HIGHLY recommend, as others have, that you talk to an aviation lawyer, and not speak of this to anyone else.

And since you're probably wondering, checking that box may make you ineligible to be hired at many airlines, and could be pretty devastating for your career. I'm not saying that 100% that's true, who knows what the future holds, but it may be true. So, if an aviation lawyer recommends you not check that box, don't... If you tell the story to the AME and he recommends you not check the box, don't.

Again, and this is important. Talk to an aviation lawyer. Here's one: http://www.aviationlawexperts.com/faaaero.html

Yea, talking to them will probably cost you a few bucks, but could save you millions over the course of your career.
 

pete2800

'Member?
... but there is no need for a lawyer...
Wrong, wrong, wrong. A lawyer is the only person who can actually answer your questions. Going without one and acting on YOUR interpretation of the law is the quickest way to screw yourself. Any AME with half a brain is also going to question you, and ask if you've had legal counsel regarding what you're reporting.

You need a lawyer. Not because you've done anything criminal and need their defense, but because neither you, your parents, or any of us have a clue when it comes to the legal aspects of FAA medical certificates.

Lawyer.
Lawyer.
Lawyer.

In case I wasn't clear, go speak to a lawyer.
 

z987k

Well-Known Member
What? I'm not doing anything illegal. I am asking the opinion of the public and see if anyone has ever been in my situation. I am not going to lie to the FAA about anything. I was hoping there might be an AME on here that can give me advice.
You're asking for a legal interpretation from pilots. Nope nope nope.

Lawyer.
 
Top