After a tough game, even a rough
practice, you probably wouldn’t be surprised if your favorite professional
athlete kicked back, grabbed a beer or maybe even a cocktail, crashed on the
couch and turned on the TV. You’ve probably even seen more than a few
professional athletes promoting alcoholic beverages. Probably not from major American
professional sports leagues, but as you can see from the above, being a jock
and having a drink (even Lance Armstrong) are not an unexpected combination.
You might not even be surprised if
that same athlete might take a hit on a marijuana cigarette or munch on a
weed-laced brownie… if not something a tad more exotic available from any
number of legal outlets in many states and Canada. How about a cannabinoid oil to ease physical pain? Canada is today the largest
country in the world where recreational marijuana is legal.
But using weed is still a bit dicey
for professional athletes who are subject to restrictions from their respective
governing bodies. Despite massive legalization in the US, marijuana is still
very illegal under federal law. It’s what the law calls a “Schedule 1”
narcotic, a list of what the federal government considers to be the most dangerous
illicit drugs in land. Marijuana is on that list which includes LSD, cocaine
and heroin.
Pursuant to the Comprehensive
Drug Abuse Prevention and Control Act of 1970, the Controlled Substances Act
sets the guidelines for determining the legal medical uses for different
classes of drugs. Drugs listed as “Schedule 1” are considered of no medical
value and are considered
narcotics for which the sale or possession carry severe criminal penalties
under federal law. But we know the feds are releasing prisoners incarcerated
for simple marijuana possession and that federal prosecutors are not actively
pursuing criminal prosecution for those operating within state laws that have
legalized either or both of a medical or a recreational use of cannabis
products. Even former GOP House Speaker, John Boehner, has found his way to the
top of one of America’s largest cannabis companies. Bottom line: Cannabis
consumption is going the way of alcohol consumption, a normal part of society.
Except for most professional athletes.
“Of the 123 teams across MLB, the NBA, NHL and
NFL, 45 play in states or provinces where recreational marijuana is legal (36.6
percent). Another 56 play in jurisdictions where medical marijuana is legal
(45.5 percent). That's a whopping 82 percent of teams (101 of 123) that are
playing in areas where their employees can legally purchase either medicinal or
recreational marijuana.
“In fact, the only places in which any of the
four major pro league teams play where there are no broad laws legalizing
marijuana are Indiana, Georgia, North Carolina, Tennessee, Texas and Wisconsin.
That list could shrink soon.
“Legislation for legalizing medical marijuana
in North Carolina is expected this year. Recently elected Wisconsin Gov. Tony Evers
advocated for legalizing medicinal marijuana on his official campaign website.
There have been political hurdles in Texas, though a current bill on the table
calls to decriminalize small amounts, which could open the door for more
marijuana-friendly legislation. Even though bills in Nashville to decriminalize
small amounts of marijuana were shot down by then-Gov. Bill Haslam, a new
statewide bill is up for approval, proposing the same thing.” ESPN.com, March 7th.
“NFL players with no
previous violations are tested just once in the offseason. During the regular
season, 10 players per team are randomly selected each week… The NBA does not
test its players for marijuana in the offseason. Players are subject to four
random tests during the regular season… MLB's marijuana policy is a bit
different. The league does not test players for drugs of abuse. It only
conducts testing on drugs such as marijuana if the MLB or union officials have
"reasonable cause" to do so. MLB's threshold is 50
nanograms/milliliter.” ESPN. The leagues can respond with diversionary
programs, suspensions (possible expulsion for repeat offenders) and fines.
There is, however, one league where as long as
the consumption of weed is consistent with local law, a player can include
cannabis in his regimen without fear of punishment, although the NHL does test
and can refer players to an appropriate program. “Dr. Dave Lewis and Dr.
Brian Shaw are the physicians who run the NHL and NHLPA's [the latter is the
players’ union] joint Substance Abuse and Behavioral Health (SABH)
Program. If they determine Player X's test features ‘abnormally high levels’ of
THC, they flag it. The veil of anonymity is then lifted, and the two doctors
will contact Player X. They can recommend he enters the SABH, in which they'll
develop an individualized treatment plan for him. Neither the NHL nor NHLPA
needs to know that he's in the program.
“The league won't punish Player
X at all for his test. If he chooses to enter the SABH, Dr. Lewis and Dr. Shaw
have the power to levy fines, suspensions or other penalties if conditions are
breached. However, the player is not required to enter the program if he
doesn't want to…
“[How do the players feel about
cannabis?] ‘I say this more talking about the
CBD side of it, obviously: You'd be stupid not to at least look into it,’ Edmonton
Oilers star Connor McDavid told The
Associated Press in a preseason interview. ‘When your body's sore like it is
sometimes, you don't want to be taking pain stuff and taking Advil all the
time. There's obviously better ways to do it. ... You're seeing a lot of smart
guys look into it. You're seeing a lot of really smart doctors look into it. If
all the boxes are checked there and it's safe and everything like that, then I
think you would maybe hear them out.’” ESPN. The world is changing, but
institutions that once relied on the law to foster policies must now strike out
on their own to deal with social realities.
I’m Peter Dekom, and this little foray into professional sports is just
one more example of how different the world is today from even just a decade
ago.
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