This was always one of my favourite things about the Alaska cannabis environment.
I wonder why suddenly at this juncture the FAA have decided on this course of action.
As you’ll see below in the Benznga article the FAA have a number of reasons but it seems it has taken them a long time to get to this point?
James M. Fejes Jr., owner of Flying High Investments LLC, faces the loss of his pilot license after transporting cannabis within Alaska.
The Federal Aviation Administration (FAA) revoked his certificate despite Fejes’s argument that since cannabis is legal in Alaska, its transportation should be legal as well.
The trouble began when the FAA discovered that Fejes was using his private plane for cannabis distribution following a report from the state’s Alcohol and Marijuana Control Office.
For starters, Fejes allegedly violated tracking requirements. While cultivation facilities must adhere to strict protocols, known as seed-to-sale tracking, Fejes misrepresented his transport methods, triggering the investigation.
Alaska, which has a land area of 570,865.8 square miles and a water area of 94,722.2 square miles, is the largest US state by area. Small planes are essential for transporting supplies, food and people to hard-to-reach places across Alaska.
Pilot’s Appeal Falls On Deaf Ears
Fejes appealed to multiple bodies, including an administrative law judge and the National Transportation Safety Board, but was unsuccessful. His final appeal to the 9th Circuit challenged the FAA’s jurisdiction, arguing the transportation occurred solely within the state of Alaska. However, the court disagreed, asserting that Congress’s authority over interstate commerce extends to airspace regulation.
Fejes also claimed that because Alaska hadn’t convicted him of any wrongdoing, the FAA had no right to revoke his license based on punishable actions. The 9th Circuit rejected Fejes’s arguments of misinterpreted law and overstepped authority and upheld the FAA’s decision.
Source: https://www-benzinga-com.cdn.ampproject.org/c/s/www.benzinga.com/amp/content/38472175
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