Carriage of Narcotic Drugs, Marihuana, and Depressant or Stimulant Drugs or Substances

Section 91.19 prohibits the carriage of narcotic drugs, marijuana, and depressant or stimulant drugs/substances aboard a civil aircraft, except as provided by federal or state authority. It is a strict-liability rule — the FAA's enforcement does not depend on the pilot's knowledge, only on the aircraft having served as the conveyance.

The lawful carriage exception: Paragraph (a) excludes carriage authorized by federal or state statute or by a federal or state agency. This covers DEA-licensed shipments, medical patient transports with prescribed controlled substances, and pharmacy-to-pharmacy shipments under appropriate authority. It does not cover personal-use carriage of state-legal marijuana in the cabin.

State legalization is not a defense: Marijuana remains a Schedule I controlled substance under federal law (Controlled Substances Act, 21 USC § 812). State legalization does not provide a defense to § 91.19. The FAA Chief Counsel reaffirmed this in multiple interpretation letters — pilots flying state-legal cannabis between in-state locations have faced certificate enforcement action and emergency revocation under § 91.19.

Pilot certificate exposure: Conviction of a violation of any federal or state controlled substance statute is grounds for denial, revocation, or suspension of any FAA-issued certificate (§ 61.15). Section 91.19 enforcement frequently triggers parallel § 61.15 action. The combination — civil penalty, certificate revocation, and possible criminal charges — makes drug-carriage one of the most career-ending FAR violations.

Strict scope: The reg applies to the PIC, the owner, and any operator of the aircraft. Even if a passenger smuggled controlled substances unknown to the pilot, the FAA may still pursue the certificate holder under § 91.19. Pilots running Part 91 charter-like operations should brief passengers and have explicit consent-to-search policies in their operations manual.

Reference: FAA Chief Counsel letters on marijuana carriage (2017, 2020); FAA Order 2150.3C sanction guidance. See also DOT Office of Drug and Alcohol Policy.