Drug Test

PilotsDad

New Member
This post is a plea for help to try and get some answers. My son recently tested positive for marijuana on his employment physical for an air charter service. He is adamant that he has not had any exposure to since his early college years. He rarely drinks and he refused to take the cold medicine his RN mom suggested he take. He took the test on a Friday and was notifed on Monday AM. He immediately took another test Monday PM which was clean and to be sure he took two more tests from two other labs that also came back clean. Unfortunately, the restest of the first test came back positive as well.
The bizarre thing is that he was on an orientation flight on Saturday as a ride along, and his trainer got a call from the charter service that his test came back clean. The charter let him fly the rest of the trip as an FO. He has the logs and other documentation to prove it. On Monday AM he was on his way to the airport to fly when he got a call from the MRO telling him. We had an attorney write a letter to the MRO and charter service and got the documentation related to the test, and if we are reading it correctly amount of thc in the samples inital test was below the allowed amount of thc allowed by the FAA,but for some reason the sample was run through the more gas chromatigraph and it failed. The MRO swears he never called the airline and the airline swears that someone did. My understanding is that if the test is clean the lab calls;if it is dirty the MRO calls. I am quickly becoming an expert on the testing process, and I have come to the conclusion that(1) my son is a liar and an idiot that 30 days prior to the day he was notified that he tested positive he smoked a joint or ate something with hemp in it (otherwise the test on Monday would have been dirty as well)or (2)some how the samples were mishandeled or tampered with in the lab. I have talked to a couple of experts that have told me this happens a lot more often than it should.
This isn't about a kid being afraid of pissing of his parents. If he had told me Dad I screwed up,his mom and I would have been just as supportive. Prior to getting the job offer from the air charter service we had talked about buying an FBO and starting an air charter service and flight school. Fortunately I have the financial resources to help him, and once he goes through the process to get his medical re-instated we will probably move forward. This is more about clearing my sons name and getting a flawed system fixed so this doesn't happen to one of you.
This has been weighing on me even more heavily since 30 years ago when I was a company commander in the Marine ,my company Gunnery Sergeant tested positive on a random drug screen, and I had to administratively discharge him. He was three years short of retirement, and I nor any of my other NCO's believed he had smoked dope. He wasn't that kind of guy. I tried fighting it, but the legal officers told me that the tests were " fool proof", and I had to do my duty. Maybe I didn't fight hard enough ,and this is karmic payback. I wish it had been me rather than my kid.
Any information on attorneys that specialize in these types of cases or any other information on similar cases you think might be helpful would be greatly appreciated.
 
Heya man,


Sorry to hear about this, it sucks when it happens to good people. Let's move on the assumption that your kid isn't lying and that he hasn't smoked up in a few years.

I was talking with another pilot one day (won't say which company) that said that there was a time when a 56 year old pilot and two FA's blew their drug test. The two FA's blew it first and they pled their innocence. Then the 56 year old guy blew his drug test. Now it became real obvious that someone with 4 years left in their career wasn't going to piss it all away by going and getting high. The union went to bat for him and did some research on the lab that was doing the company's drug testing. Turns out the lab was so bad at this drug testing thing that even their control test came back as a false positive; twice.

Point is that mistakes do happen. Once the company found out about this lab, they cut their contract with them and went to another lab that could actually give them accurate results. I'd press your son about this to make sure he isn't lying, and if you're sure he isn't then I'd go at this hardcore. Mistakes do happen, and this could potentially ruin the rest of his carrer and is not something to take lightly. Good thing you got a lawyer, that's exactly what you need to do.

Good luck, and let us know how it turns out.

Cheers


John Herreshoff
 
As you are learning the ropes ... ask about "chain of custody". What control measures are in place to insure that the sample that is testing positive is in fact your son's. Who administered the test and how was the sample handled from begining to end. Hope all turns out well.

Jim
 
Thanks John for your reply. I researched the cases you mentioned and I think I found the one you were referring to, and we are in the process of trying to retain the attorney that litigated the case.
My caution all of you is that you had better educate yourself on the drug testing process because this happens a LOT more often than it should. You need to know as Jim suggests about chain of custody. Once that specimen goes in the bag your career is in the hands of a system that presumes that you are guilty,and you have limited rights in the event they say you tested positive.The system cuts you absolutely no slack.
 
I once heard marijuana is in your system for 90 days, 30 days..something like that..

If your son hasn't smoked in a while, he could be lying..but what teenager hasn't smoked pot?
 
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I once heard marijuana is in your system for 90 days, 30 days..something like that..

If your son hasn't smoked in a while, he could be lying..but what teenager hasn't smoked pot?

[/ QUOTE ]

You'd be amazed at the folks that have never even had a beer!!

Not that there's anything wrong with that.....OK, there's something wrong with it.... /ubbthreads/images/graemlins/grin.gif
 
[ QUOTE ]
but what teenager hasn't smoked pot?


[/ QUOTE ]

Umm, a lot.

Lemme give ya a little hint...when someone says "come on man, everyone else is doing it..." they are lying. Its called peer pressure. /ubbthreads/images/graemlins/cwm27.gif /ubbthreads/images/graemlins/buck.gif
 
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but what teenager hasn't smoked pot?

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Not I.

Never touched the stuff nor desired to.

Primarily because most of the people that I knew that did illegal narcotics tended to skip class and loaf around -- two things inconsistent with becoming an airline pilot.
 
Hello Av8er,

I can't stand beer (or any liquor), so I authorize you to drink my share!

Happy landings,

JR
 
[ QUOTE ]
Hello Av8er,

I can't stand beer (or any liquor), so I authorize you to drink my share!

Happy landings,

JR

[/ QUOTE ]

See, now that's a team player!! /ubbthreads/images/graemlins/grin.gif
 
[ QUOTE ]
[ QUOTE ]
but what teenager hasn't smoked pot?


[/ QUOTE ]

Umm, a lot.

Lemme give ya a little hint...when someone says "come on man, everyone else is doing it..." they are lying. Its called peer pressure. /ubbthreads/images/graemlins/cwm27.gif /ubbthreads/images/graemlins/buck.gif

[/ QUOTE ]

Actually a recent study produced these results, 98% of all teenagers smoke, or have smoked marijuana at least once.
 
Well I'm part of that 2% also. Never touched the stuff, never will. It's not worth it for me. If I were to ever blow a drug test my career would be over before it started. Heck, I waited until I was 21 to drink because I was scared of getting an MIP. Thanks, but no thanks.

Now if you want to hear my opinions on the drugs laws, well that's a different story altogether. But just because I disagree with the laws does not mean I break them.
 
I'm also part of the 2%...in fact I don't know anyone that smokes dope (around me anyways). Hope things get straigtened out once and for all.
 
Let me give all of you a warning. Stay away from people who do dope. I spent an hour on the phone with a scientist from the National Institute for Drug abuse yesterday ,and he said that they are starting to get some evidence that with changes in how marijuina is being grown there are some super potent strains that could potentially cause positive readings through second hand ingestion. Their position is that there is no way for them to differentiate between someone who got it from direct ingestion and someone who picked it up through second hand smoke so if it is in your system you are guilty. Our attorney also had a case where a pilot unknowingly ate a marijuina brownie at a party he attended with a friend of a friend's house. She was able to get it off the guys record because she was able to establish through testimony of witnesses that attended the party that the host had not informed anyone at the party that the brownies were spiked.
Bottom line stay away from drugs and people who do drugs. Your dreams could literally go up in smoke.
 
[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
but what teenager hasn't smoked pot?


[/ QUOTE ]

Umm, a lot.

Lemme give ya a little hint...when someone says "come on man, everyone else is doing it..." they are lying. Its called peer pressure. /ubbthreads/images/graemlins/cwm27.gif /ubbthreads/images/graemlins/buck.gif

[/ QUOTE ]

Actually a recent study produced these results, 98% of all teenagers smoke, or have smoked marijuana at least once.

[/ QUOTE ]

According to a 2001 survey done by the National Houshold Survey on Drug Abuse (NHSDA) 37 percent of people age 12 and older have tried Marijuana at least once.

EDIT: Here's the article

Taken from: http://www.nida.nih.gov/ResearchReports/Marijuana/Marijuana2.html#scope

Marijuana is the Nation's most commonly used illicit drug. More than 83 million Americans (37 percent) age 12 and older have tried marijuana at least once, according to the 2001 National Household Survey on Drug Abuse (NHSDA).25

Marijuana use is widespread among adolescents and young adults. The percentage of middle-school students who reported using marijuana increased throughout the early 1990s.26 In the past few years, according to the 2001 Monitoring the Future Study, an annual survey of drug use among the Nation's middle- and high-school students, illicit drug use by 8th-, 10th-, and 12th-graders has leveled off.26 Still, in 2001, 20 percent of 8th-graders reported that they had tried marijuana, and 9 percent were current users (defined as having used the drug in the 30 days preceding the survey).26 Among 10th-graders, 40 percent had tried marijuana sometime in their lives, and almost 20 percent were current users.26 As would be expected, rates of use among 12th-graders were higher still: Nearly half had tried marijuana at some time, and 22 percent were current users.26

The Drug Abuse Warning Network (DAWN), a system for monitoring the health impact of drugs, estimated that, in 2001, marijuana was a contributing factor in more than 110,000 emergency department (ED) visits in the United States, with about 15 percent of the patients between the ages of 12 and 17, and almost two-thirds male.27

In 1999, the National Institute of Justice's Arrestee Drug Abuse Monitoring Program (ADAM), which collects data from 34 sites on the number of adult arrestees testing positive for various drugs, found that, on average, 39 percent of adult male arrestees and 26 percent of adult female arrestees tested positive for marijuana.28 ADAM collected data on juvenile arrestees in nine sites and found that marijuana was the most commonly used drug among these youths. On average, 53 percent of juvenile male and 38 percent of juvenile female arrestees tested positive for marijuana.

NIDA's Community Epidemiology Work Group (CEWG), a network of researchers that tracks trends in the nature and patterns of drug use in major U.S. cities, consistently reports that marijuana frequently is combined with other drugs, such as crack cocaine, PCP, formaldehyde, and codeine cough syrup, sometimes without the user being aware of it.23 Thus, the risks associated with marijuana use may be compounded by the risks of added drugs, as well.



Far cry from 98% - where did you get that figure?


Not everyone is doing it
 
Marijuana Brownies.. Interesting.. Only a some cracked up guy could of thought of that. /ubbthreads/images/graemlins/buck.gif
 
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Marijuana Brownies.. Interesting.. Only a some cracked up guy could of thought of that. /ubbthreads/images/graemlins/buck.gif

[/ QUOTE ]

No, youngster...that's as old as the reefer itself!!! /ubbthreads/images/graemlins/grin.gif
 
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[ QUOTE ]
Marijuana Brownies.. Interesting.. Only a some cracked up guy could of thought of that. /ubbthreads/images/graemlins/buck.gif

[/ QUOTE ]

No, youngster...that's as old as the reefer itself!!! /ubbthreads/images/graemlins/grin.gif

[/ QUOTE ]

Oh I see... how do you know? /ubbthreads/images/graemlins/tongue.gif Jk..
 
Those have been around at least since my parents were in high school and probably long before that...any one who has seen movies like Dazed and Confused or even That 70's Show would have seen some pot brownies. Doesn't mean you make them yourself just cause you know about them. /ubbthreads/images/graemlins/smile.gif
 
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