The NFL’s drug enforcement policy is making news again, this time because the Cleveland Browns’ only reason for existing star receiver, Josh Gordon, failed another drug test for allegedly smoking marijuana. The Browns are now likely to be without Gordon for the entire 2014-2015 season because the League’s Policy and Program for Substance Abuse (a cleverly couched title for a lengthy drug rulebook) imposes a one-year banishment from the league as the minimum penalty for stage three infractions.  Much like a judicial body, the NFL and a few other leagues have devised a lengthy program to curb drug use. Unlike a judicial body, however, the NFL is not a tax-payer funded institution entrusted to balance the punishment and rehabilitation of society. So why do they try? It probably has to do with image. Drug-using players make for poor role models, which is why the issue remains uncontentious between player unions and ownership (at least compared to wages). But with public opinion changing and player drug-use actually elevating, it’s probably time to relax the rules with regard to weed.

The League should remove marijuana from its drug policy list of controlled substances because the public doesn’t care if athletes smoke weed. A majority of Americans now support efforts to legalize marijuana, and 18 states have decriminalized non-medical marijuana possession. Will Sports Illustrated for Kids soon be posting pictures of Johnny Manziel on its cover smoking a joint? Probably not, but it’s already pretty clear that not all pictures of athletes exude professionalism.

Athletes who use marijuana also don’t hurt their game. Several athletes have admitted to smoking marijuana, even those who rely on lung capacity. If weed cost them a competitive edge and consequently money, why would they continue to smoke?

League drug policies aren’t curbing drug use either. In 2000, marijuana use among NBA players was reported to be small. Now, reports have used the word ubiquitous to describe the prevalence of smoking pot. The drug’s popularity is likely what prompted Arizona Cardinals cornerback Antonio Cromartie to exclaim that penalizing the drug serves no punitive function. Besides, leagues that haven’t penalized marijuana use, such as the NHL, have remained competitive and are not yet overrun with Jeffrey Lebowskis on ice.

Clearly, it’s high time (couldn’t resist!) to change the rules.

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Andrew Blancato (@BigDogBlancato) holds a J.D. from New York Law School, and is a graduate of the University of Massachusetts, Amherst. When he’s not writing, he is either clerking at a trial court in Connecticut, or obsessing over Boston sports.

Featured image courtesy of [Erik Drost via Flickr]

Andrew Blancato

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When I hear about bullying I think of children crowded around a playground. I do not think of burly 300-pound men. Well, all of my bullying misconceptions were put to rest this week, after the increasingly odd story revolving around alleged bullying, racism and abuse on the Miami Dolphins.

Any attempt to simplify this story will go horribly astray, because the complicated web of controversy and pure weirdness keeps getting more tangled by the day. My attempt at a timeline will start with the principal players—Jonathan Martin and Richie Incognito. Jonathan Martin, an offensive tackle from Stanford has stated that Richie Incognito, a guard who’d been with the team for years, harassed, threatened, and made racist remarks to him. These incidents of bullying came out after Martin left the team on October 28^th. He is currently listed on the non-football injury list and has reportedly checked into a hospital room seeking treatment for emotional distress. Incognito was suspended on November 2^nd.

The messages that Incognito sent to Martin were without a doubt incredibly offensive. The transcript of a voicemail left on Martin’s phone by Incognito was as follows:

Hey, wassup, you half n—– piece of [expletive] . . . I saw you on Twitter, you been training ten weeks. [I want to] [expletive] in your [expletive] mouth. [I’m going to] slap your [expletive] mouth. [I’m going to] slap your real mother across the face (laughter). [Expletive] you, you’re still a rookie. I’ll kill you.

When allegations first came up, the Dolphins originally claimed that they were groundless. But after they were presented with evidence and forced to acknowledge Incognito’s actions, it has come to light that according to anonymous sources, Incognito may have been told to “toughen up” Martin by the Dolphin’s leadership. Incognito still stands by his claims that he was just joking around with a teammate, and not serious about any of the things that he said to Martin. In regards to the expletive riddled voicemail cited above, Incognito stated, “when I see that voicemail, when I see those words come across the screen, I’m embarrassed by it. I’m embarrassed by my actions. But what I want people to know is, the way Jonathan and rest of the offensive line and how our teammates, how we communicate it’s vulgar. It’s not right.”

Other odd facts have come into the story: Martin has hired a lawyer, David Cornwall. Cornwall came out with a statement that claims Martin also suffered a “malicious physical attack” and endured treatment that went well beyond hazing.

Dolphin’s owner Stephen Ross has gone to the NFL and asked for an investigation into the team’s workplace condition. A special counsel will investigate. The NFL Players’ Association has stated that it is not pursuing an investigation, but will try to work with both of the players if need be.

There are also claims of other inappropriate behavior by Incognito. ABC News unearthed a police report from 2012 in which Incognito harassed a 34-year-old female volunteer at a Dolphins golf tournament.

This story has led to a number of different reactions. Dolphins team members claim  that Martin and Incognito were good friends and that they were confused when Martin made these allegations. Commentators and critics have ranged from dismayed over the culture of hazing and bullying in the NFL, to embarrassed that grown men would behave in such a way.

Unlike some past NFL scandals that have been purely about team management and playing style, for example, the Patriot’s 2007 “spygate” scandal, this has the potential to open up a national discussion on so many levels. Conversations on racism, sports culture, hazing, and management are all fair game. Clearly, all need to happen on the Miami Dolphins team.

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Anneliese Mahoney (@AMahoney8672) is Lead Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

Featured image courtesy of [Douglas McConnell via Flickr]

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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