Darius Crane

Dr. Byron Stay

Mount Writing Seminar

March 6, 2012

Should There be Stricter Regulations for Drug Use In Professional Sports?

Major sports leagues have a serious problem, which are performance enhancing drugs. Performance enhancing drugs seem to find their way into just about any major sporting event or organization. Even though there are penalties for those caught using performance enhancing drugs, they still seem to be prevalent among some of the biggest names in sports competition.

A big reason for this is that the punishment given to those caught cheating does not have the punitive ramifications for possession or using a controlled substance that society expects. Even as advanced as the testing is for these substances, the guilty athletes are given the chance to prove that the test result was a mistake on the part of the laboratory conducting the testing, the fault of their trainer, or an over the counter supplement from a local health food store. Performance enhancing drugs are having a negative impact on all sports, and because of this, it will effect how future athletes conduct themselves.

Most athletes will say that the drive to win is the reason that they use performance enhancing drugs. They feel that they are leveling an uneven playing field because no athlete today makes it on talent alone. They have to be on something. With the window of opportunity being so small and several trying to get through it, many athletes feel that they need that edge to just get a roster spot on a professional team. There is also the athlete with the dream of being awarded the gold medal for their country.

The procedures for testing for prohibited substances differ from organization to organization. Major League Baseball (MLB) starts testing within five days of players reporting to spring training with all players being tested for performance enhancing drugs and stimulants. There are also an additional 1200 random tests conducted at unannounced times of randomly selected players for the presence of Performance Enhancing Substances and Stimulants. Consequently, the penalties for a positive drug test are minimal at best. According to “Major League Baseball’s Joint Drug Prevention and Treatment Program, the penalties for a positive test for performance enhancing drugs are:

1. First positive test result: a 50-game suspension; 2. Second positive test result: a 100-game suspension; and 3. Third positive test result: permanent suspension from Major League and Minor League Baseball; provided, however, that a Player so suspended may apply, no earlier than one year following the imposition of the suspension, to the Commissioner for discretionary reinstatement after a minimum period of two years.” (Major League Baseball Joint Drug Prevention and Treatment Program)

For the National Basketball Association (NBA) testing is random throughout the season, but it is unclear as far as the time line of the testing. However, the league will not test for drugs of abuse, marijuana, cocaine, etc. during the off-season, which is from July to September but will test for PED’s twice during this time. The penalties that the NBA imposes for violation of its anti-drug program are; 1. “For the first violation a ten game suspension and required to enter the Steroids, Performance-Enhancing Drug Program (SPED). 2. For the second violation twenty-five game suspension and, if the player is not then subject to in-patient or aftercare treatment in the SPED Program, be required to enter the program. 3. For the third violation the player shall be suspended for one year and, if not entered in the SPED Program, be required to enter the program. 4. For the fourth violation the player will be immediately dismissed and disqualified from any association with the NBA or any of its Teams.” (NBA & NBA Players Association Anti Drug Program)

The National Football League’s (NFL) policy on performance enhancing drugs has a three step process and is enacted when a player tests positive for a banned substance in the following manner; “Step One: The first time a player violates this Policy by testing positive; attempting to substitute, dilute or adulterate a specimen; manipulating a test result; or by violation of law (see Section 5), he will be suspended without pay for a minimum of four regular and/or postseason games. The suspension will begin on the date set in the League's notification to the player of his suspension, subject to any appeal (see Section 10). If fewer than four games remain in the season, including any postseason games for which the Club qualifies, the suspension will carry over to the next regular season, until a total of four regular and/or postseason games have been missed.

If the imposition of a player’s suspension occurs prior to or during the preseason, the player will be permitted to engage in all preseason activities. Upon the posting of final rosters, however, he will be suspended for four regular-season games. In addition, the player will be subject to evaluation and counseling if, in the opinion of the Independent Administrator, such assistance is warranted.

Step Two: The second time a player violates this Policy by testing positive; he will be suspended without pay for a minimum of eight regular and/or postseason games. If there are fewer than eight regular and/or postseason games remaining in the season, including any postseason games for which the Club qualifies, the suspension will continue into the next regular season until a total of eight regular and/or postseason games have been missed.

Step Three: The third time a player violates the Policy by testing positive; he will be suspended without pay for a period of at least 12 months, subject to any appeal. Such a player may petition the Commissioner for reinstatement after 12 months. Reinstatement, and any terms and conditions thereof, shall be matters solely within the Commissioner’s sound discretion.” (NFL Policy on Anabolic Steroids and Related Substances)

Although these three leagues seem to have very solid programs for punishing those who violate the policies of their anti-drug program, there are still violations. The different leagues seem to offer special treatment, although inadvertently, to the players based on the structure of the agreements of the unions of these leagues. Examples of this have occurred in nearly every major US sport. When NFL Linebacker Shawn Merriman tested positive for a banned substance, he was still allowed to play in the All-Star Game of the same year. Although it is clear that a banned substance aided his accomplishments for the season in question, he was rewarded for that violation as if it never happened because it was deemed he had been punished for violating the league policy. Baseball has had similar incidents when it was discovered that Most Valuable Player (MVP) winners Ken Caminiti and Alex Rodriguez tested positive for banned substances but were allowed to keep their awards. This years MVP tested positive for a banned substance but because his positive test was during this years playoffs and not the regular season it is being speculated that he may be able to keep the award.

Possibly the most glaring evidence of preferential treatment is that of all the elite athletes who have been found guilty of using performance enhancing drugs, only one so far has done any jail time. Performance enhancing drugs are classified as a Schedule III drug under the US Controlled Substances Act which carries with it a punishment for a “first offense simple possession of such substances without a prescription a federal crime punishable by up to one year in prison, and the unlawful distribution or possession with intent to distribute anabolic steroids punishable as a first offense by up to ten years in prison” (US Controlled Substances Act). Even though this is laid out as what punishment should be handed out legally it seems that athletes can violate the law because they play a sport and have protection under a policy that seems to be above the law making authorities in this country.

All sports organizations should have the obligation to set a good example because athletes and the sports they play influence young people. So the policies regarding drug use should have more realistic punitive consequences which would assist in discouraging drug use. All sports claim that they want to have a level playing field, but the punishment handed out for using illegal drugs does not do enough to cause the athlete to weigh the risk against the reward. As stated in the various polices of the major US sports leagues testing is sparse at best, and only during certain times can certain drugs are tested for. If an athlete makes the decision to violate the anti-drug policy they do so without the fear of any possible jail time, and if caught they have the backing of their union to ensure they are able to re-join their perspective team in the shortest amount of time.

There have been many avenues considered for steeper punishment for the use of performance enhancing drugs. There had been the discussion of mandated government drug testing. Furthermore, the possible legalities that could arise from this were too many to circumvent with the most significant being a possible violation of the fourth amendment rights of the athletes. Justification for jail time for the use of a banned substance would be difficult to validate, but there are other ways to deter the use of performance enhancing drugs. Some changes to the current policy should be that those athletes who have tested positive lose any awards, accolades that they may have managed if it is determined they were aided by a performance enhancing drug. Records would be replaced by that season’s runner up and if said drug user happens to win an award it would also be given to the athlete who finished second.

Another possible change to the current policy would be to enforce a two year suspension for a first time offense and a lifetime ban for a second offense. This change may seem extreme, but this sends the message that performance enhancing drugs will not be tolerated. This will also affect a serious thought process on the part of the athlete to consider throwing away their dream of being a professional athlete just to get an edge. If this rule were in place, athletes would not be able to fall back on the often used excuse that his or her positive test was due to the result of a supplement they purchased from their local General Nutrition Center. They would be forced to take more care as to what they were putting in their bodies and what they were getting from trainers, or friends as their livelihood hinged on it. Additionally, this would send a message to all future athletes and kids that those attempting to cheat would be dealt with harshly. These policy changes could eventually reduce if not stop all cheating in sports. The ideal of a level playing field for all athletes, setting a good example for children, and preserving the integrity of the sport would be more realistic because today’s athletes would not feel the need to be bigger, stronger, or faster through illegal means. They would be content with the effort of the hard work that they have put in and satisfied with the accomplishments achieved on their own abilities.

Works Cited

Collective Bargaining Agreement 101. NBA, July 4, 2011. Web. 19 Feb 2012

Major League Baseball’s Joint Prevention and Treatment Program, MLB.com, N.D. Web. 20 Feb 2012

National Football League Policy on Anabolic Steroids and Related Substances, NFL, 2010. Web. 16 Feb 2012