NFL And Players Union Agree On Drug Policy Changes

The NFL and the NFLPA have (tentatively) reached an agreement on a new drug policy for players.

The policy still needs to be fully combed over by lawyers on both sides before anything official begins, but the conventional wisdom is that this new policy will be ratified without incident. While there is likely much that can be mined from the minutia of the policy, there are several key issues that are garnering all the media attention. The changes to the league’s stance on marijuana and how it will punish cannabis-related violations are at the forefront, along with DUIs and focused screening for HGH (Human Growth Hormone).

For our purposes, I’ll focus on the new marijuana policy and a little on DUIs, as they are closely related.

The league will still punish players who test positive for marijuana and, I feel, the new punishment guidelines are still too harsh. However, the positive to take away from this is that they are finally viewing marijuana as a separate entity from cocaine, meth, etc.

Here’s how the violation timeline would look going forward:

“All players will be tested at least once per league year during training camp for substances of abuse, including marijuana. However, it’ll take more violations to reach the advanced discipline stages for marijuana than for cocaine, amphetamines, opiates, opioids, phencyclidine or MDMA.

A first offense for any of those drugs enters a player into Stage One of the intervention program for up to 90 days. If a player tests positive again while in Stage One, he’ll be subject to an immediate three-week fine and advanced to Stage Two.

In Stage Two, players will be subject to unannounced testing up to 10 times a month and marijuana is separated into its own discipline structure. Here’s how the term sheet lays it out:

If a player is in the program by testing positive for either marijuana (MJ) or other banned substances of abuse (O):

Next violation relating to MJ = 2 game fine
Next violation relating to O = 4 game fine

Player’s last discipline was 2 game fine for MJ:

Next violation relating to MJ = 4 game fine
Next violation relating to O = 4 game fine

Player’s last discipline was 4 game fine for MJ or O:

Next violation relating to MJ = 4 game suspension
Next violation relating to O = 4 game suspension, entry into Stage 3 for O

Player’s last discipline was for 4 game suspension for MJ or O:

Next violation relating to MJ = 10 game suspension, entry into Stage 3
Next violation relating to O = Banishment, can seek reinstatement after 1 year

Player’s last discipline was for 10 game suspension for MJ:

Next violation relating to MJ = Banishment, can seek reinstatement after 1 year”

Other changes include an increase in the allowable threshold of cannabis in the blood from 0.15 nanograms/ml to 0.35 nanograms/ml.

As far as DUIs, the big change supposedly gives the commissioner discretion and the ability to increase discipline against players involved in DUI cases where there are “aggravating circumstances.”

“Aggravating circumstances include but [are] not limited to felonious conduct, extreme intoxication (BAC of .015% or more), property damage or serious injury or death to the Player or a third-party, and/or if the Player has had prior drug or alcohol-related misconduct…”

That doesn’t seem all that new to me, I thought the commish already had that kind of authority. What I did find interesting is something that I really can’t get too steamed at the NFL about, considering the federal stance on cannabis, but it does further expose our national willingness to accept alcohol as no big deal. There is a different level of consequences for alcohol DUIs versus other DUI cases.

“If players are convicted or admit to any violation of law relating to any substance of abuse other than alcohol:

Absent aggravating circumstances, discipline for a first offense will be a suspension without pay for up to four regular and/or post-season games. If the Commissioner finds that there were aggravating circumstances, including but not limited to felonious conduct or serious injury or death of third parties, and/or if the Player has had prior drug or alcohol-related misconduct, increased discipline may be imposed.

Discipline for a second or subsequent offense, absent aggravating circumstances, will be a suspension without pay for a minimum of six up to ten regular and/or post-season games. A Player’s treatment history may be considered by the Commissioner in determining the appropriate level of discipline.”

I am not miffed because they want to impose penalties on DUI offenders. They absolutely should. But alcohol by far causes more vehicular accidents than any of the “other” substances. All intoxicants should be treated as serious, why does alcohol keep getting a free pass when it’s the root of so much chaos? I’d bet good money that alcohol has been a big player in much of the domestic abuse cases we’re seeing lately.

This new policy is a mixed bag. It’s a positive step in differentiating marijuana as a less harmful substance, but it still treats alcohol as the prodigal son who can do no wrong.