Josh Gordon to argue that SECOND HAND SMOKE caused his positive test on the drug test.

[JP Z]

You can't make this stuff up.....

From ESPN

The legal team for Cleveland Browns wide receiver Josh Gordon will argue in a hearing Friday that its client has disputed test results that were caused from second-hand marijuana smoke, according to sources.

Gordon is appealing the NFL's imposition of a yearlong suspension for a positive test for marijuana.

[+] EnlargeJosh Gordon

AP Photo/Mark DuncanJosh Gordon's legal team plans to point out inconsistencies between his two test samples that could be due to second-hand smoke, sources say.

Gordon's legal team will argue that the positive tests are so marginal that they show uncertainty as to whether the test results were truly positive, and even if so, were the result of exposure to second-hand smoke, according to sources familiar with the case.

Gordon's "A" sample tested at 16 nanograms per milliliter, a bare one nanogram per milliliter above the 15-nanogram-per-milliliter threshold, while Gordon's "B" sample -- which should theoretically be consistent with the "A" sample, as it comes from the exact same specimen -- tested at 13.63 ng/ml, lower than the threshold.

With both samples coming from the same specimen test, the results should be consistent. Gordon's attorneys do not believe their client should be suspended for a year for differing disputed test results, especially when only one was barely higher than the threshold, sources said.

Gordon's attorneys also plan to introduce witnesses who will testify that Gordon's scores indicate he was the victim of breathing in second-hand smoke, according to sources. The league has maintained that it does not intend to suspend players for second-hand smoke.

Scientific studies have shown that second-hand smoke exposure can result in the kind of test results similar to those of Gordon. Because of this, Gordon's test results would have been negative for marijuana if considered under other professional sports testing regimens -- including the strict Olympic standard and Major League Baseball -- the federal workplace testing standards and various state testing standards, including California and Nevada, which govern boxing and MMA.

And lastly, Gordon's attorneys also will point out that with their client being subject to over 70 drug tests, there was only one time since his rookie year that a test came back positive for marijuana, and even then, the "A" and "B" samples did not match.

Gordon's arrest in early July in North Carolina was a DWI charge, which is unrelated to the proceedings surrounding his positive marijuana test. It cannot and will not be factored into any discipline that is doled out to Gordon over this violation.

Gordon is facing the indefinite one-year ban for violating the league's substance-abuse policy for at least the third time. If he loses, he'll have to wait a year to apply for reinstatement. Last season, Gordon was suspended two games and docked four game checks for testing positive for what he said was codeine in his prescribed cough medicine.

[pikestabber]

And the ruling will (and should) say, "Well, that's too bad, but it was in YOUR system. Don't be around people who smoke and you won't have this problem."

Can you imagine the s-storm if this argument held up?

[fishersofmen]

Should have knocked a woman unconscious instead.

Boy the NFL has it all figured out.

[FISHINGURU]

70 drug tests? Does the NFL single people out much?

Brees had a funny article the other day, after saying he wanted to play another 10 yrs the NFL gave him 2 drug tests back to back. They must of thought he was higher then a kite to want to play QB for another 10 yrs.

[JP Z]

That said thing about it is people are saying he has a good defense on this because of how close the test is..........but yes don't associate or be around that and you just wouldn't have the problem.

[SkunkedAgain]

It shouldn't be a good defense to say that you are were barely over. Thresholds like this are there for a reason. Don't exceed it. The only ground that I think he should have to stand on is that there were different results from the same sample. That's odd and would tell me that something was flawed in the testing process. All of Gordon's other arguments are talk. Don't hang around pot smokers if you've got million dollar contracts on the line.

[nofishfisherman]

From a legal stand point it seems like it could possibly be a viable defense if the test results really were what the story reports and if the NFL really has a policy not to suspend players for 2nd hand smoke.

But still he needs to learn to not put himself in potentially risky situations. He might get out of this one but he needs to smarten up in a hurry.

[JP Z]

Yep, not saying it's a "good" defense but it does show something is up when tests from the same sample were different....

But you know how he never would have had to deal with this....................Yep just stay away.

[CaptainMusky]

About as laughable as JM rolling the bill for someone else

[Getanet]

Pot has no performance enhancing qualities, is becoming increasingly accepted in many parts of the country, even major newspapers like the NY Times are saying it time for it to be legal. It is now legal to buy and use in two states where the NFL has franchises.

I'm sure there is something in the current CBA about not having pot in your system, which is why the league is acting on it. But IMHO it's stupid that players get tested and suspended for it. If they get arrested with it, that's one thing - the NFL could make a case that the resulting media exposure has a negative impact on the brand. But it seems dumb to actively try to dig up dirt on players by regularly testing for it. Again, it's not enhancing the player's performance. Especially compared to whatever they are taking that allows these guys to be 300 lb hulks that can run as fast as Olympic sprinters.

With that said, Josh Gordon's problems run a lot deeper than weed.

[JP Z]

Very true, well said. Gordon's problems are quite large. On that note same can be said for Justin Blackmon, both of these guys had such promising looking careers but they just can't seem to keep their noses clean..

[mainbutter]

don't associate or be around that and you just wouldn't have the problem.

legalize and allow athletes to partake, problem also solved!

[JP Z]

True...........but that would ruffle feathers. It will be interesting if it is legalized in all 50 states if then the NFL would change their stance. So what.....3 years for that?

[CaptainMusky]

Idk if I believe it doesn't enhance performance. A guy I graduated with was a huge pot head, never ran a day in his life. Ended up taking track to use up his suspension weeks so he could play an entire hockey season. Well he broke the school record in the 400. Lol

[nofishfisherman]

Idk if I believe it doesn't enhance performance. A guy I graduated with was a huge pot head, never ran a day in his life. Ended up taking track to use up his suspension weeks so he could play an entire hockey season. Well he broke the school record in the 400. Lol

Funny you mention that. When I was running track I ran with a guy who was one year older. His junior year he was a huge pot head he literally came to every practice and every meet high as a kite. That year he was one of the top runners in the state in our events. His senior season he cleaned up his act, no more weed, no more drugs, no more drinking. That year he wasn't even the fastest guy on our team, his times were slower by 1-3 seconds per race for the 110 and 300 hurdle events. He went from top 5 in the state to not even qualifying for section finals.

Can't say for sure it was the pot that made the difference but he worked much harder his senior year and was in better physical condition but the results didn't reflect that.

[JP Z]

Here is what the NFL is warning Gordon's Defense "A cornerstone of both of our drug testing programs has always been that you are responsible for what is in your body," Greg Aiello, NFL senior vice president of communications, said via email Tuesday. "It is stated that way in the policies."

[FISHINGURU]

True...........but that would ruffle feathers. It will be interesting if it is legalized in all 50 states if then the NFL would change their stance. So what.....3 years for that?

The NFL will do whatever it takes to make more money, if it goes legal in every state they will be all over it in some way, shape or form.

I know a guy that has smoked weed every day since he was 12 yrs old and would beat anyone else I know in a race. I don't think it enhances but it definitely doesn't hurt.

[ozzie]

it makes one focus on some things that keeps the body moving...frisbee, hacky sack, running, casting, etc.

[FISHINGURU]

Gordon better get back to puffin, he looked horrid out there. Him and Foosball couldn't even get anything going against them lousy Skins bubble players.

[JP Z]

So now that Gordon's DWI trial is delayed until into November can he play until then? Or, did he already have a drug bust along with that.........and the second hand smoke. He has too much going on to keep track.

[JP Z]

And he's been suspended for a year!!! Which I feel is much deserved (only if you follow the bylaws of the NFL which says after 3 strikes you're out) Of course Ray Rice should have gotten more, but this isn't about that. Now I'm reading Gordon may sue the NFL......What the heck??????

[CaptainMusky]

Good luck with that lawsuit. Especially after he apologized which admits guilt.

[hnd]

goodell stated that rice should of gotten a harsher punishment but it was real shaky ground and you want to make sure all details before a precedent is set. people complaining about that and a year long suspension for smoking weed apparently don't understand something. this guy got popped the first time during a SCHEDULED MONTHS IN ADVANCE drug test. that means you are stupid, sorry. and then to repeatedly get popped afterwards shows a lack of awareness, care, and respect.

the talk shows treat weed as if its completely legal. its not. whether it should be or not is debatable but as it stands, its illegal in most places.