Professional Sports: Weeding Out the Stoners

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 7^th. 

“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.