The National Football League and the Denver Broncos are seeking to put an end to a legal dispute initiated recently by former the Broncos linebacker Randy Gregory.
What Happened: Gregory filed the lawsuit in early June against the NFL and the Broncos for allegedly preventing him from using prescribed synthetic cannabis to treat social anxiety disorder and PTSD. Gregory claimed in the lawsuit he was fined $532,000 from his salary for testing positive for Dronabinol, an FDA-approved drug containing THC.
Now, the league and team argue that the case is "preempted by the league's collective bargaining agreement," reported Green Market Report's Adam Jackson.
According to a motion filed last week in a federal court, the dispute has to be resolved through arbitration rather than litigation as "Gregory's claims under the Colorado Anti-Discrimination Act are "inextricably intertwined" with the NFL's collectively bargained substance abuse policy," Jackson wrote citing Law360.
The NFL and the Broncos said Gregory wants to take advantage of the state law to "excuse his multiple violations of the (drug) policy for positive tests for marijuana – a prohibited substance under the policy – because his use of THC was allegedly to treat medical conditions."
Represented by Denver attorney Spencer Kontnik of Kontnik Cohen, Gregory earlier said he used the medication to “focus and perform in stressful and high-pressure situations, study the playbook and film, interact with coaches and teammates and engage with the media.”
In his complaint, Gregory said he was required to continue playing and fulfilling all professional obligations while being fined, as the league's stance is to dock players’ pay for THC-positive drug tests.
“The NFL and the Broncos profited from Mr. Gregory’s continued employment,” asserted the complaint.
Meanwhile, Travis Kelce, the star-tight end of the Kansas City Chiefs, estimated that between 50% to 80% of all NFL players consume cannabis, prompting the league to slowly relax its stance on marijuana.
At the moment, players face reduced penalties for testing positive for marijuana after rules were amended in 2021, which obliged players to undergo one weed test per year at the start of training camp. Cannabis testing is still a part of the league’s policy.
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