LSDBi
Division I Proposal - 2024-20
CHAMPIONSHIPS AND POSTSEASON FOOTBALL -- INELIGIBILITY FOR USE OF BANNED DRUGS -- REMOVE CANNABINOIDS FROM BANNED DRUG CLASSES
Status: Adopted Final
Intent: To remove cannabinoids from the list of NCAA banned drug classes.
Bylaws: Amend 18.4, as follows:
18.4 Eligibility for Championships.
18.4.1 Student-Athlete Eligibility. To be eligible for NCAA championships, a student-athlete shall meet all applicable individual-eligibility requirements set forth in NCAA legislation. The general and academic eligibility requirements are set forth in detail in Bylaws 12 and 14.
[18.4.1.1 through 18.4.1.3 unchanged.]
18.4.1.4 Ineligibility for Use of Banned Drugs. A student-athlete who, as a result of a drug test administered by the NCAA, tests positive for use of a substance in a banned drug class shall be declared ineligible for further participation in postseason and regular-season competition in accordance with the ineligibility provisions in this bylaw.
18.4.1.4.1 Penalty -- Banned Drug Classes Other Than Cannabinoids or Narcotics. A student-athlete who, as a result of a drug test administered by the NCAA, tests positive for use of a substance in a banned drug class other than cannabinoids or narcotics (in accordance with the testing methods authorized by the Board of Governors) shall be subject to the following:
[18.4.1.4.1-(a) through 18.4.1.4.1-(c) unchanged.]
18.4.1.4.1.1 Second Positive Test. If a student-athlete who previously tested positive for the use of a substance in a banned drug class other than cannabinoids or narcotics tests positive a second time for the use of a substance in a banned drug class other than cannabinoids or narcotics, the student-athlete shall lose all remaining regular-season and postseason eligibility in all sports. If a student-athlete who previously tested positive for the use of a substance in a banned drug class other than cannabinoids or narcotics tests positive for the use of a substance in the banned drug class cannabinoids, the student-athlete shall engage, with the institution, in an education and management plan for substance misuse (e.g., engagement with campus counseling services, participation in identified programs to address the substance misuse, enrollment in evidence-based educational sessions) as developed and facilitated by the institution. If a student-athlete who previously tested positive for the use of a substance in a banned drug class other than cannabinoids or narcotics tests positive for the use of a substance in the banned drug class narcotics, the student-athlete shall be ineligible for competition for 50 percent of a season in all sports (the first 50 percent of the Bylaw 17 maximum regular-season contests or dates of competition). The student-athlete shall remain ineligible from the time the institution is notified of the test result until the prescribed penalty is fulfilled and the student-athlete tests negative pursuant to the policies and procedures of the NCAA Drug-Testing Program.
18.4.1.4.2 Penalty -- Narcotics. A student-athlete who, as a result of a drug test administered by the NCAA, tests positive for use of a substance in the banned drug class narcotics (in accordance with the testing methods authorized by the Board of Governors) shall be ineligible for competition during 50 percent of a season in all sports (50 percent of the Bylaw 17 maximum regular-season contests or dates of competition). The student-athlete shall remain ineligible from the time the institution is notified of the test result until the prescribed penalty is fulfilled and the student-athlete tests negative pursuant to the policies and procedures of the NCAA Drug-Testing Program.
18.4.1.4.2.1 Second Positive Test. If a student-athlete who previously tested positive for use of a substance in the banned drug class narcotics tests positive a second time for use of a substance in the banned drug class narcotics or if a student-athlete who previously tested positive for use of a substance in the banned drug class narcotics tests positive for use of a substance in a banned drug class other than cannabinoids or narcotics, the student-athlete shall subject to the penalties set forth in Bylaw 18.4.1.4.1. If a student-athlete who previously tested positive for use of a substance in the banned drug class narcotics tests positive for use of a substance in the banned drug class cannabinoids, the student-athlete shall be subject to the penalties set forth in Bylaw 18.4.1.4.3.
18.4.1.4.3 Penalty -- Cannabinoids. A student-athlete who, as a result of a drug test administered by the NCAA, tests positive for use of a substance in the banned drug class cannabinoids (in accordance with the testing methods authorized by the Board of Governors) shall engage, with the institution, in an education and management plan for substance misuse (e.g., engagement with campus counseling services, participation in identified programs to address the substance misuse, enrollment in evidence-based educational sessions) as developed or facilitated by the institution.
18.4.1.4.3.1 Second Positive Test. If a student-athlete who previously tested positive for use of a substance in the banned drug class cannabinoids tests positive a second time for the use of a substance in the banned drug class cannabinoids, the institution must attest that the student-athlete was compliant with the education and management plan required following the student-athlete's first positive test, as specified by the policies and procedures of the NCAA Drug-Testing Program, and has agreed to continue to engage in an education and management plan for substance misuse (e.g., engagement with campus counseling services, participation in identified programs to address substance misuse, enrollment in evidence-based educational sessions) as developed or facilitated by the institution and designed to mitigate any identified at-risk behavior. If a student-athlete who previously tested positive for use of a substance in the banned drug class cannabinoids tests positive for use of a substance in a banned drug class other than cannabinoids or narcotics or tests positive for use of a substance in the banned drug class narcotics, the student-athlete shall be subject to the penalties set forth in Bylaws 18.4.1.4.1 or 18.4.1.4.2, respectively.
18.4.1.4.3.1.1 Failure to Attest. If an institution cannot or does not attest, the student-athlete shall be ineligible for competition during 25 percent of a season in all sports (25 percent of the NCAA Bylaw 17 maximum regular-season contests or dates of competition).
18.4.1.4.3.2 Additional Positive Tests. If a student-athlete who previously tested positive for use of a substance in the banned drug class cannabinoids tests positive a third time or more for use of a substance in the banned drug class cannabinoids, the institution must attest that the student-athlete was compliant with the education and management plan required following the student-athlete's second or subsequent positive test, as specified by the policies and procedures of the NCAA Drug-Testing Program, and has agreed to continue to engage in an education and management plan for substance misuse (e.g., engagement with campus counseling services, participation in identified programs to address substance misuse, enrollment in evidence-based educational sessions) as developed or facilitated by the institution and designed to mitigate any identified at-risk behavior.
18.4.1.4.3.2.1 Failure to Attest. If the institution cannot or does not attest, the student-athlete shall be ineligible for competition during 50 percent of a season in all sports (50 percent of the NCAA Bylaw 17 maximum regular-season contests or dates of competition).
18.4.1.4.43 Breach of NCAA Drug-Testing Program Protocol. A student-athlete who is in breach of the NCAA drug-testing program protocol (e.g., no-show) shall be considered to have tested positive for use of any drug in a banned drug class other than cannabinoids or narcotics.
[18.4.1.4.4.1 renumbered as 18.4.1.4.3.1, unchanged.]
[18.4.1.4.5 through 18.4.1.4.6 renumbered as 18.4.1.4.4 through 18.4.1.4.5, unchanged.]
18.4.1.4.76 Banned Drug Classes. NCAA banned drug classes are the same as those included in the World Anti-Doping Agency (WADA) list of prohibited substances, except for cannabinoids and glucocorticoids. The Committee on Competitive Safeguards and Medical Aspects of Sports (or a designated subcommittee) may identify specific banned drugs and exceptions within each banned drug class. An institution and student-athletes shall be held accountable for all drugs within the banned-drug classes regardless of whether they have been specifically identified.
[18.4.1.4.7.1 renumbered as 18.4.1.4.6.1, unchanged.]
[18.4.1.4.8 through 18.4.1.4.12 renumbered as 18.4.1.4.7 through 18.4.1.4.11, unchanged.]
[18.4.2 unchanged.]
Source: NCAA Division I Council (Strategic Vision and Planning Committee)
Effective Date:Immediate; penalties in effect at the time of adoption are discontinued.
Proposal Category: Amendment
Topical Area: Championships and Postseason Football
Rationale: The Committee on Competitive Safeguards and Medical Aspects of Sports recommended this change following referrals from Divisions II and III to consider only banning performance enhancing drugs. To properly consider the referrals, and in addition to years of pervious discussion and review, CSMAS commissioned the December 2022 Summit on Cannabinoids in College Athletics that reached a consensus opinion that cannabis is not a performance-enhancing drug and that a harm reduction approach to cannabis is best implemented at the school level. Importantly, removing cannabinoids from the NCAA list of banned drug classes is not tacit support of cannabis-use. Instead, CSMAS noted the following rationale for its recommendation: (1) Existing policy (national-level testing) is ineffective; (2) Realigning toward local testing and education supports/enhances campus efforts to identify problematic cannabis use; (3) Removal of cannabinoids from the banned substances list shifts focus toward a harm-reduction philosophy, similar to the approaches taken with alcohol; (4) The NCAA Drug-Testing Program should focus on testing for substances that provide an unfair advantage by enhancing athletic performance; (5) Educating student-athletes on the health threats posed by contemporary cannabis and methods of use is more effective than an abstinence-only approach; and (6) It remains critically important to identify and explain harm reduction/mitigation strategies to those student-athletes who choose to legally consume cannabinoids. Importantly, a robust educational program is recommended in parallel to this proposal to educate both the membership and student-athletes about contemporary cannabis and harm associated with problematic use.
Division I Commitment addressed by proposal: The Commitment to Student-Athlete Well-Being.
Is the proposal consequential or nationally significant?: Yes. The list of NCAA banned substances is nationally significant.
Is the proposal enforceable and how do the merits outweigh monitoring burdens?: Yes. The proposal reduces monitoring burden.
How does the proposal support student-athlete success/well-being?: The proposal ensures the focus of the NCAA Drug-Testing Program is on substances that provide an unfair advantage while shifting to a harm-reduction philosophy for cannabinoids that recenters student-athlete health.
Estimated Budget Impact: None.
Impact on Student-Athlete's Time (Academic and/or Athletics): None.
History
| Apr 3, 2024: | In Progress | |
| May 21, 2024: | Ready for Vote | |
| Jun 26, 2024: | Adopted by Council | |
| Jun 26, 2024: | Adopted Final |
Legislative References
| Division | Number | Title |
|---|---|---|
| I | 18.4 | Eligibility for Championships. |
| I | 18.4.1 | Student-Athlete Eligibility. |
| I | 18.4.1.4 | Ineligibility for Use of Banned Drugs. |
| I | 18.4.1.4.1 | Penalty -- Banned Drug Classes Other Than Cannabinoids or Narcotics. |
| I | 18.4.1.4.1.1 | Second Positive Test. |
| I | 18.4.1.4.2 | Penalty -- Narcotics. |
| I | 18.4.1.4.2.1 | Second Positive Test. |
| I | 18.4.1.4.3 | Penalty -- Cannabinoids. |
| I | 18.4.1.4.3.1 | Second Positive Test. |
| I | 18.4.1.4.3.1.1 | Failure to Attest. |
| I | 18.4.1.4.3.2 | Additional Positive Tests. |
| I | 18.4.1.4.3.2.1 | Failure to Attest. |
| I | 18.4.1.4.4 | Breach of NCAA Drug-Testing Program Protocol. |
| I | 18.4.1.4.7 | Banned Drug Classes. |