When it was announced last week that Pittsburgh Steelers wide receiver Martavis Bryant was being suspended for a whole season following a failed drug test, the assumption was he had marijuana in his system. In truth, he missed not one, but two scheduled drug tests, which defaults to a failed test.
This is not the first time Bryant has run afoul of the NFL’s “Zero Tolerance” policy for drug abuse. He was previously suspended for four games under similar circumstances. Remember kids; a missed appointment for a drug test = a failed test. It works that way for anyone on probation, parole, etc. By missing not one, but two tests, Bryant opened the door to much speculation about why he was suspended, yet the truth is, we don’t actually know if he was using any drugs at all. He was never tested.
Steelers President Art Rooney II, in what appears to be an appeal to compassion, has called for getting Bryant, “…the help he needs…” for the drugs we don’t actually know he was taking. Okay…
But what if that help includes medicinal marijuana?
Bryant, who, admittedly, is still a very young man, is employed in a professional sport that regularly includes violent physical collisions, resulting in long term physical debilitation, multiple concussions and the attendant problems, both physical and emotional, that accompany the normal physical stress and wear that is a natural result of a career in the NFL.
The media has been rife with stories of NFL players, many of them Hall of Famers, who are now dealing with the severity of the physical trauma they experienced while ‘playing a game’. But the NFL is no game to them. It is an intensely physical contest between players of gladiatorial strength and it punishes players long after they hang up their cleats.
As public acceptance of the validity of medicinal marijuana continues to grow, and the political realities of legalization begin to creep into the mainstream conscious, many businesses are having to face some decisions regarding where their contractual obligations for their employees are beginning to clash with the law.
If an NFL player in Colorado wants to use legal marijuana, on their own time, for personal recreational purposes, does the League still have the right to say they can’t?
After all, many professions require clean drug tests to get and keep a job– Airline Pilots, Truck Drivers, Police Officers, Firemen, jobs within the security sector. What makes an NFL player any different?
There are still many unanswered questions surrounding legal marijuana. There is currently no reliable test to determine impairment in the way a blood test can determine blood alcohol levels, yet that hasn’t stopped municipalities from charging motorists with DUI for marijuana, based mostly on possession and the observations of the arresting officer.
Not exactly a scientific approach.
But what happens to an NFL player if his doctor prescribes marijuana as a treatment option? Does the NFL have the right to deny their employees legal medicine?
Players are routinely prescribed medications that could easily be abused or result in an arrest. There are plenty of people in court who were charged with DUI for their prescriptions. Something like Oxycontin is a very powerful drug that can and does impair the senses of those taking it. People taking it probably shouldn’t be driving, but that’s a separate issue.
If a player’s doctor prescribed Oxycontin, then the NFL has to accept that one or more of their players is in a position to abuse their medication, but they do not have the right to tell them they can’t take it. They can only act if that player abuses that medication, resulting in an arrest or an accident. The NFL is not a medical board. They do not have the right to independently determine what constitutes medicine and what doesn’t. They cannot and should not be allowed to override the determinations of a licensed physician, regardless of their personal or professional stance on the issue.
Some states with legal medicinal marijuana have built in protections for patients who are prescribed marijuana, to ensure they are treated fairly by both law enforcement and in their workplaces. Pennsylvania’s law would provide employees protection from employer discrimination for using medicinal cannabis. A person who has a prescription for marijuana cannot be fired for using marijuana in a state where it’s legal, unless they are actively abusing it on the job. It’s generally a bad idea to show up for work stoned or drunk, so I think there’s some common sense in all this to protect the employee, the employer and the general public welfare. It makes sense that a Train Engineer should be sober when operating the train. We get that.
There’s no doubt there is still some legal grey areas involving medicinal marijuana where employment is concerned, especially in companies that operate in all 50 states. An NFL player from Denver who is traded to a team located in a state where marijuana is still 100% illegal, for example. Where do their rights to fair treatment come in to play? That player has a legal prescription, yet is still subject to arrest for using that medication outside the state in which he resided when prescribed the medication.
The question then becomes, does the NFL, or any employer, have the right to tell their employees which medications their physician can or cannot prescribe them, regardless of the State in which the prescription is written?
Maybe Bryant just wants to burn one with his friends, but the odds, and the statistics, suggest it’s equally possibly this young man is already experiencing the effects of the physical trauma associated with a career in the NFL.
The NFL needs to take a fresh look at an outdated policy that denies players any medically valid treatment options, or medicine, to repair or at least alleviate the chronic debilitating physical conditions brought on as a direct result of their employment conditions.
Medicinal marijuana is becoming legal in Pennsylvania soon. Maybe it’s time for Mr. Rooney to take the lead on this in the League, if he truly cares about the players and wants them to get the help they need, as he says.