Flying “High”: Current Preventative Measures in Advance of Marijuana Legalization in Canada

The issue of pilot intoxication has received a fair amount of media attention in Canada over the past few years. We have seen jail sentences imposed on airline pilots, a heavily publicized incident involving an intoxicated Sunwing pilot, and the fatal Carson Air Accident in 2015 (where investigators found significant levels of alcohol in the pilot’s bloodstream).  With the impending legalization of marijuana on October 17, 2018, it a good time to consider the current regulatory framework for drug/alcohol testing in this new context. Drug and Alcohol Testing In Canada, there is no regulation that requires drug or alcohol testing for pilots.  In both India and Australia, breathalyzer tests are carried out on flight crews.  In the United States, federal regulations require that employers conduct random alcohol testing among 10%, 25% or 50% of employees in safety sensitive functions (including pilots). The implementation of drug/alcohol testing in Canada would…

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