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Sports: MLB Changes Policy Regarding Cannabis, Opiates; Vision Set on Recovery Rather than Punishment

By Antonio Guerrucci and Brendan Murphy

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As reported in our last issue, the MLB does not currently test its athletes for marijuana. The league removed marijuana from its list of banned substances, first reported in December by Ken Rosenthal of The Athletic. The amended rule also contained the addition of several substances, including synthetic cannabinoid (commonly known as K2 or Spice), cocaine, and opioids such as fentanyl and oxycodone. The ruling is set to be enforced in the upcoming 2020 season. The league’s main interest is to ensure athletes aren’t using performance-enhancing drugs (PEDs). If they are found to be using PEDs, fines as well as temporary suspensions could ensue. To find out more about the new rule and how it might impact the league, we reached out to MLB’s media relations team and discussed what concrete actions will be taking place when testing for banned substances.

Consistent screening seen throughout the different levels of

baseball (MLB & MiLB) Prior to the new instatements, MiLB players and MLB players were treated differently with regards to drug testing. MiLB players were subjected to more extensive testing for drugs of abuse, and faced harsher punishments in the form of suspensions. MLB players, on the other hand, did not face the same degree of screening, and instead were punished by fines and mandated treatment programs. Part of the reason for this inconsistency was due to the unionization of MLB players, who sought leniency with marijuana. Essentially, because of this, the MLB was not routinely checking its players for drugs of abuse, but was doing so for the minors. Talk about your night and day scenarios. Now that marijuana has been removed from the list of banned substances, under the new rules, players from both leagues can be treated the same.

Cannabis cases will be treated equally to those that involve

Alcohol With that being said, the statement provided to us by the Major League Baseball’s Player Association (MLBPA) spoke to their new viewpoint regarding cannabis:

“…marijuana-related conduct will be treated the same as alcoholrelated conduct under the Parties’ Joint Treatment Program for Alcohol-Related and Off-Field Violent Conduct, which provides for the mandatory evaluation, voluntary treatment and the possibility of discipline by a Player’s Club or the Commissioner’s Office in response to certain conduct involving Natural Cannabinoids.”

In layman’s terms, the discipline has been reformed to be met with treatment rather than suspensions and/or monetary fines. With the course of action now taking on a different discourse in a sport of long-standing traditions and values, we are faced with this question — will the league begin to consider possible applications for the reform to be used in the context of physical or mental methods of recovery? When faced with this query, our source reverted back to the league’s statement regarding the background of the policy change. It was made clear that these programs set in place “should not be construed as promoting or recommending the use of natural cannabinoids…” and that marijuana remains a Schedule I controlled substance under U.S. federal law. However, the MLB and MLBPA are beginning to present educational programming to club players and personnel on practical approaches to marijuana, as well as the dangers of drugs of abuse. This brings us to our last point of discussion.

Focusing more on recently added substances, specifically

Opioids Although cannabis is a hot-topic in our country right now, it was not the driving force behind the sudden change in the league’s testing process. The adjustment comes mainly in response to the passing of former Angels pitcher Tyler Skaggs. The 27-year-old pitcher was found dead in his hotel room with the autopsy revealing toxic levels of fentanyl, oxycodone, and alcohol in his system. Sadly, he is not the only athlete that has died from a deadly concoction of prescription drugs and alcohol. Former New York Rangers hockey player Derek Boogaard also passed after using Percocet prior to a night of drinking. With the new change already underway through Spring Training, the MLB is very optimistic about its potential to protect the health of its players with continued support and further education. MLB Deputy Commissioner and Chief Legal Officer Dan Halem adds, “It is our collective hope that this agreement will help raise public awareness on the risks and dangers of opioid medications and contribute positively to a national conversation about this important topic.”

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