Safety Recommendation A-20-012

The recommended revisions to the AIM have been submitted and are expected to be published in August 2026.

The National Transportation Safety Board (NTSB) has reviewed the US Drug Enforcement Administration’s (DEA) notice of proposed rulemaking titled “Schedules of Controlled Substances: Rescheduling of Marijuana,” published at 89 Federal Register (FR) 44597 on May 21, 2024. The proposed rule would transfer marijuana from Schedule I of the Controlled Substances Act (CSA) to Schedule III of the CSA, consistent with the US Department of Health and Human Services’ (HHS) August 2023 recommendation.

Through our accident and incident investigations and transportation safety research, the NTSB has developed experience with marijuana use among noncommercial and commercial vehicle operators and other transportation safety sensitive personnel. We recognize that marijuana is a prevalent drug with performance-impairing effects, that human performance is critical to the safe operation of transportation systems, and that most people interact with transportation systems multiple times per day. Consequently, we believe that interactions with transportation systems are among the most important ways in which the public may be exposed to risk from marijuana’s effects.

This perspective has informed our related recommendations to improve transportation safety. It is also why we believe transportation safety deserves prominence in the national conversation about marijuana rescheduling. Although the NTSB has not made any recommendation concerning marijuana’s scheduling under the CSA, we appreciate this opportunity to share our perspective on marijuana-related transportation safety issues for the DEA to consider during this rulemaking process.

In commercial transportation operations, the NTSB is particularly concerned that the proposed rule would prevent testing for marijuana use by safety-sensitive employees who are subject either to the US Department of Transportation (DOT) drug testing under Title 49 Code of Federal Regulations (CFR) Part 40, or (as is the case for many air traffic controllers) to federal workplace drug testing under HHS Mandatory Guidelines for Federal Workplace Drug Testing Programs using Urine and Oral Fluid (HHS Mandatory Guidelines). Currently, HHS Mandatory Guidelines authorize testing for Schedule I and II controlled substances only.

We urge the DEA to ensure that any final rule to reschedule marijuana does not compromise marijuana testing under DOT and HHS procedures applicable to safety-sensitive transportation employees. We also have broader concerns related to the transportation safety effects of marijuana rescheduling that are not limited to drug testing in commercial operations. Marijuana rescheduling has a potential to affect everyone who interacts with transportation systems and infrastructure, from vehicle operators and passengers to pedestrians and bystanders.

We note that, in July 2023, you published revisions to the PHAK, including language, in Chapter 17, “Aeromedical Factors, Drugs,” stating that marijuana is an illicit drug per federal law and its use by pilots is prohibited. We also note that you are making similar revisions to the AIM. Pending our review of the updated and published AIM, Safety Recommendation A-20-12 remains classified OPEN--ACCEPTABLE RESPONSE.

-From Kathryn B. Thomson, Deputy Administrator: The Federal Aviation Administration (FAA) updated the Pilot’s Handbook of Aeronautical Knowledge (PHAK) on July 10, 2023. The updated PHAK incorporates changes addressing the above safety recommendations, which include:

• A-14-109 – Chapter 8, Flight Instruments, Attitude Indicator, Page 8-19 • A-20-12 – Chapter 17, Aeromedical Factors, Drugs, Page 17-17 • A-21-20 – Chapter 14, Airport Operations, Collision Avoidance, Pages 14-28 through 14-30

The PHAK is available at the following website: https://www.faa.gov/regulations_policies/handbooks_manuals/aviation/phak

For Safety Recommendation A-20-12, the FAA is now processing the update to the Aeronautical Information Manual.

I believe the FAA effectively addressed Safety Recommendations A-14-109 and A-21-20 and consider our actions complete. I will keep the Board informed of the FAA’s progress on Safety Recommendation A-20-12 and anticipate providing an update by August 31, 2024.

We continue to believe your plan to include the language contained in Addendum A to the PHAK, which is considered part of the current version of the PHAK and available on your website, is responsive to this recommendation. We note you anticipate publishing the updated PHAK in fiscal year 2024, which is when you intend to make similar revisions to the AIM. Pending our review of both updated and published documents, Safety Recommendation A-20-12 remains classified OPEN-- ACCEPTABLE RESPONSE.

-From Billy Nolen, Acting Administrator: As previously stated, the Federal Aviation Administration (FAA) published Addendum A to the Pilot’s Handbook of Aeronautical Knowledge (PHAK), FAA-8083-25B, on February 10, 2021, to partially address this safety recommendation. Addendum A is considered part of the current version of the PHAK and should be used as a reference until the next version of the PHAK is published. The PHAK and its addenda are located at the following website: https://www.faa.gov/regulations_policies/handbooks_manuals/aviation

Due to competing priorities and resources, the next version of the PHAK has been delayed and is now anticipated to be published in Fiscal Year 2024.

The revision update procedure for the Aeronautical Information Manual will be initiated once the next version of the PHAK is published.

I will keep the Board informed of the FAA’s progress on Safety Recommendation A-20-12 and provide an update by February 29, 2024.

We note that, on February 10, 2021, you published Addendum A to the PHAK, which states that “marijuana is an illicit drug per federal law and its use by airmen is prohibited.” We are encouraged to learn that, until the updated PHAK has been published later this year, the Addendum A to the PHAK is considered part of the current edition. We point out, however, that this recommendation asks you to make similar revisions to the AIM, which you plan to update after the updated PHAK has been published. In the meantime, pending our review of both updated and published documents, Safety Recommendation A-20-12 remains classified OPEN-- ACCEPTABLE RESPONSE.

-From Steve Dickson, Administrator: The Federal Aviation Administration (FAA) published Addendum A to the Pilot’s Handbook of Aeronautical Knowledge (PHAK), FAA-8083-25B, on February 10, 2021, to address this recommendation. The update can be found at the following website: https://www.faa.gov/regulations_policies/handbooks_manuals/aviation/phak/media/phak_addendum_a.pdf

Addendum A states:

There is evidence taking illicit drugs significantly elevates the risk of having an aviation accident. Even though the Drug Enforcement Administration (DEA) defines marijuana as a Schedule I drug on its controlled substances list, states have taken steps to allow the possession, sale, and use of marijuana within their borders. The FAA has stated, “Marijuana is an illicit drug per federal law and its use by airmen is prohibited.”

Note: Until the revision of FAA-H-8083-25 is published, this addendum is considered part of the current edition of the handbook and should be used as a reference.

The anticipated publication date for the PHAK revision is September 2022. The revision update procedure for the Aeronautical Information Manual will be initiated when the revision of the PHAK is published.

I believe that the FAA has effectively addressed this safety recommendation and consider our actions complete.

We note that you are currently revising the PHAK, as recommended. We also note that, once the revised PHAK has been published, you plan to update the AIM with the same text. Pending our review of the revised PHAK and AIM, Safety Recommendation A-20-12 is classified OPEN--ACCEPTABLE RESPONSE.

-From Steve Dickson, Administrator: The Federal Aviation Administration (FAA) is currently revising the Pilot’s Handbook of Aeronautical Knowledge (PHAK). The FAA decided to include this safety recommendation into the PHAK at the last PHAK review meeting, which took place on May 21, 2020. The FAA’s Flight Standards Service will work with the Air Traffic Organization to incorporate the updated PHAK text into the Aeronautical Information Manual (AIM). The anticipated publication date for the PHAK revision is September 30, 2021, with an AIM revision to be determined.

I will keep the Board informed of our progress on this safety recommendation and anticipate providing an update by June 30, 2021.

The attached letter from the NTSB Chairman provides information about the NTSB’s February 13, 2020, report 2013–2017 Update to Drug Use Trends in Aviation, SS-20/01. The details of this accident investigation and the resulting safety recommendations may be found in the attached report, which can also be accessed at http://www.ntsb.gov.

The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate a response within 90 days of the date of this letter, detailing the actions you have taken or intend to take to implement these recommendations. When replying, please refer to the safety recommendations by number (for example, A-20-12). We encourage you to submit your response to ExecutiveSecretariat@ntsb.gov. If your reply exceeds 20 megabytes, including attachments, please e mail us at the same address for instructions on how to send larger documents. Please do not submit both an electronic copy and a hard copy of the same response.

This letter provides information about the National Transportation Safety Board’s (NTSB) February 13, 2020, report, 2013–2017 Update to Drug Use Trends in Aviation, SS-20/01. The details of this safety research report and the resulting safety recommendations may be found in the attached report, which can also be accessed at http://www.ntsb.gov.

As a result of this research, we identified the following safety issues:

• The ongoing need for the Federal Aviation Administration (FAA) to publicize—for pilots’ use—information about marijuana given its decriminalization in several states and its unchanged classification as an illicit drug per federal law. • The continued need for the FAA to conduct research to assess the relationship between drug use and accident risk.

Accordingly, the NTSB makes the following safety recommendation to the FAA. Additional information regarding this recommendation can be found in the noted section of the report.

• Revise the Aeronautical Information Manual and the Pilot’s Handbook of Aeronautical Knowledge, FAA-H-8083-25B, to explicitly state marijuana’s classification as an illicit drug per federal law and, thus, its prohibited use by airmen. (A-20-12) (See section 4.2.)