NCAA LSDBi

Division II Proposal - NC-2025-10

CHAMPIONSHIPS ADMINISTRATION -- ELIGIBILITY FOR CHAMPIONSHIPS -- INELIGIBILITY FOR USE OF BANNED DRUGS -- REMOVAL OF CANNABINOIDS FROM BANNED DRUG LIST

Convention Year: 2025

Date Submitted: January 16, 2024

Status: Ready for Ratification Convention Vote

Effective Date: Immediate

Official Notice Number: NC-2025-10

Source: NCAA Division II Management Council (Committee on Competitive Safeguards and Medical Aspects of Sports).

Proposal Category: Noncontroversial

Topical Area: Championships Administration

Intent: To eliminate cannabinoids from the list of NCAA banned drug classes, as specified.

Bylaws: Amend 18.2, as follows:

18.2 Eligibility for Championships.

[18.2.1 unchanged.]

18.2.1.2.1 Banned Drugs. The following is the list of banned-drug classes, which aligns with the World Anti-Doping Agency (WADA) list of prohibited classes, with the exception of cannabinoids and the glucocorticoid class. The Committee on Competitive Safeguards and Medical Aspects of Sports (or a designated subcommittee) has the authority to identify banned drugs within each class. The institution and student-athletes shall be held accountable for all drugs within the banned-drug classes regardless of whether they have specifically identified.

[18.2.1.2.1-(a) through 18.2.1.2.1-(d) unchanged.]

(e) Cannabinoids (marijuana and THC);

[18.2.1.2.1-(f) through 18.2.1.2.1-(i) relettered as 18.2.1.2.1-(e) through 18.2.1.2.1-(h), unchanged.]

[18.2.1.2.1.1 unchanged.]

18.2.1.2.2 Penalty -- Banned Drug Classes Other Than Cannabinoids and 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 and narcotics (in accordance with the testing methods authorized by the Board of Governors), shall be subject to the following:

[18.2.1.2.2-(a) through 18.2.1.2.2-(c) unchanged.]

18.2.1.2.2.1 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 and narcotics tests positive a second time for the use of a substance in a banned drug class other than cannabinoids and narcotics, they 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 and narcotics tests positive for the use of a substance in the banned drug class cannabinoids, they shall engage, along with the institution, in an education and management plan for substance misuse as developed and facilitated by the institution (e.g., engagement with campus counseling services, participation in identified programs to address the substance misuse, enrollment in evidence-based educational sessions). If a student-athlete who previously tested positive for the use of a substance in a banned drug class other than cannabinoids and narcotics tests positive for the use of a substance in the banned drug class narcotics, they shall be ineligible for competition for 50 percent of a season in all sports (the first 50 percent of regular-season contests or dates of competition in the season following the positive test). The student-athlete shall remain ineligible until the prescribed penalty is fulfilled and they test negative pursuant to the policies and procedures of the NCAA Drug-Testing Program.

18.2.1.2.3 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 of competition in all sports (i.e., 50 percent of all contests or dates of competition in the season following the positive test). The student-athlete shall remain ineligible until the prescribed penalty is fulfilled and they test negative pursuant to the policies and procedures of the NCAA Drug-Testing Program.

18.2.1.2.3.1 Second Positive Test. If a student-athlete who previously tested positive for the use of a substance in the banned drug class narcotics tests positive a second time for the use of a substance in the banned drug class narcotics or if a student-athlete who previously tested positive for the use of a substance in the banned drug class narcotics tests positive for use of a substance in a banned drug classes other than cannabinoids or narcotics or tests positive for use of a substance in the banned drug class cannabinoids, they shall be subject to the penalties set forth in Bylaws 18.2.1.2.2 or 18.2.1.2.4.

18.2.1.2.4 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, along with the institution, in an education and management plan for substance misuse as developed or facilitated by the institution (e.g., engagement with campus counseling services, participation in identified programs to address the substance misuse, enrollment in evidence-based educational sessions). If a student-athlete who previously tested positive for the use of a substance in the banned drug class cannabinoids tests positive for use of a substance other than cannabinoids (substance in a banned drug classes other than cannabinoids or narcotics, substance in the banned drug class narcotics), they shall be subject to the penalties set forth in Bylaws 18.2.1.2.2 or 18.2.1.2.3.

18.2.1.2.4.1 Second Positive Test. If a student-athlete who previously tested positive for the 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 NCAA Committee on Competitive Safeguards and Medical Aspects of Sports' policies and procedures, and has agreed to continue to engage in an education and management plan for substance misuse as developed or facilitated by their institution and designed to mitigate any identified at-risk behavior (e.g., engagement with campus counseling services, participation in identified programs to address substance misuse, enrollment in evidence-based educational sessions). If a student-athlete who previously tested positive for the use of a substance in the banned drug class cannabinoids tests positive for use of a substance other than cannabinoids (substance in a banned drug classes other than cannabinoids or narcotics, substance in the banned drug class narcotics), they shall be subject to the penalties set forth in Bylaws 18.2.1.2.2 or 18.2.1.2.3.

18.2.1.2.4.1.1 Failure to Attest. If an institution cannot or does not attest, the student-athlete shall be considered 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).

18.2.1.2.4.2 Third Positive Test and Beyond. If a student-athlete who previously tested positive for the use of a substance in the banned drug class cannabinoids tests positive a third time or more 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 NCAA Committee on Competitive Safeguards and Medical Aspects of Sports' policies and procedures, and has agreed to continue to engage in an education and management plan for substance misuse as developed or facilitated by their institution and designed to mitigate any identified at-risk behavior (e.g., engagement with campus counseling services, participation in identified programs to address substance misuse, enrollment in evidence-based educational sessions). If a student-athlete who previously tested positive for the use of a substance in the banned drug class cannabinoids tests positive for use of a substance other than cannabinoids (substance in a banned drug classes other than cannabinoids or narcotics, substance in the banned drug class narcotics), they shall be subject to the penalties set forth in Bylaws 18.2.1.2.2 or 18.2.1.2.3.

18.2.1.2.4.2.1 Failure to Attest. If the institution cannot or does not attest, the student-athlete shall be considered 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).

18.2.1.2.54 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 the use of any drug other than a cannabinoid or narcotic.

[18.2.1.2.5.1 renumbered as 18.2.1.2.4.1, unchanged.]

[18.2.1.2.6 through 18.2.1.2.12 renumbered as 18.2.1.2.5 through 18.2.1.2.11, unchanged.]

[18.2.2 unchanged.]

Co-sponsorship - Conference:
  None

Co-sponsorship - Institution:
  None

Position Statement(s):
  None

Review History:

Sep 20, 2023:
Recommends Approval - NCAA Committee on Competitive Safeguards and Medical Aspects of Sports.
Jan 10, 2024:
Approved in Concept - NCAA Division II Management Council.
Apr 16, 2024:
Approved in Legislative Format - NCAA Division II Management Council.

Additional Information:

The NCAA Committee on Competitive Safeguards and Medical Aspects of Sports recommended the removal of cannabinoids from the list of NCAA banned substances based on extensive study informed by subject matter experts (including medical doctors, substance misuse experts and membership practitioners), consensus opinion from the 2022 Summit on Cannabis in Collegiate Athletics and referrals from Divisions II and III to consider banning only performance enhancing drugs. Removing cannabinoids from the list of banned substances does not condone or promote cannabinoid use; instead, it acknowledges the ineffectiveness of existing policy (prevention and penalty) and aims to recenter student-athlete health while recognizing the shifting cultural and legal landscapes surrounding cannabinoid use. Finally, the committee determined that the proposal would apply retroactively to any penalty associated with a previous positive test; thereby, rendering the penalty moot.

Convention Vote:
  No Convention Record

Legislative References

Division Number Title
II 18.2 Eligibility for Championships.
II 18.2.1.2.1 Banned Drugs.
II 18.2.1.2.2 Penalty -- Banned Drug Classes Other Than Cannabinoids and Narcotics.
II 18.2.1.2.2.1 Second Positive Test.
II 18.2.1.2.3 Penalty -- Narcotics.
II 18.2.1.2.3.1 Second Positive Test.
II 18.2.1.2.4 Penalty -- Cannabinoids.
II 18.2.1.2.4.1 Second Positive Test.
II 18.2.1.2.4.1.1 Failure to Attest.
II 18.2.1.2.4.2 Third Positive Test and Beyond.
II 18.2.1.2.4.2.1 Failure to Attest.
II 18.2.1.2.5 Breach of NCAA Drug-Testing Program Protocol.
References