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Division III Proposal - NC-2025-2
CHAMPIONSHIPS -- ELIGIBILITY FOR CHAMPIONSHIPS -- INELIGIBILITY FOR USE OF BANNED DRUGS -- REMOVAL OF CANNABINOIDS FROM BANNED DRUG LIST
Convention Year: 2025
Date Submitted: January 17, 2024
Status: Ready for Ratification Convention Vote
Effective Date: Immediate
Official Notice Number: NC-2025-2
Source: NCAA Division III Management Council (Committee on Competitive Safeguards and Medical Aspects of Sports).
Proposal Category: Noncontroversial
Topical Area: Championships/Postseason Events
Intent: To remove cannabinoids from the list of NCAA banned drug classes, as specified.
A. Bylaws: Amend 18.4, as follows:
18.4 Eligibility for Championships.
[18.4.1 unchanged.]
18.4.1.5 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, as set forth in Bylaw 31.2.3.1, shall be declared ineligible for further participation in postseason and regular-season competition in accordance with the ineligibility provisions in this bylaw.
18.4.1.5.1 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 charged with the loss of one season of participation in all sports, in addition to the use of a season of participation, pursuant to Bylaw 14.2.4.1, during the same academic year. The student-athlete shall remain ineligible for all regular-season and postseason competition during the time period ending one calendar year (i.e., 365 days) after the collection of the student-athlete's positive drug-test specimen and until they test negative (in accordance with the testing methods authorized by the Board of Governors).
18.4.1.5.1.1 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 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, 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 substance in the banned drug class, they shall be ineligible for competition for 50 percent of a season in all sports (i.e., 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 they test negative (in accordance with the testing methods authorized by the Board of Governors).
18.4.1.5.2 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 (i.e., 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 they test negative (in accordance with the testing methods authorized by the Board of Governors).
18.4.1.5.2.1 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, they shall be charged with the loss of one additional season of participation in all sports, in addition to the use of a season of participation, pursuant to Bylaw 14.2.4.1, during the same academic year. The student-athlete shall remain ineligible for all regular-season and postseason competition during the time period ending one calendar year (i.e., 365 days) after the collection of their second positive drug-test specimen or until the period of ineligibility for any prior positive drug tests has expired, whichever occurs later. 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 class other than cannabinoids and narcotics, they shall be ineligible for one season of participation in all sports, in addition to the use of a season of participation, pursuant to Bylaw 14.2.4.1, during the same academic year. The student-athlete shall remain ineligible for all regular-season and postseason competition during the time period ending one calendar year (i.e., 365 days) after the collection of the student-athlete's positive drug test specimen and until they test negative (in accordance with the testing methods authorized by the Board of Governors). If a student-athlete who previously tested positive for a substance in the banned drug class narcotics test positive for the use of a substance in the banned drug class cannabinoids, they will be subject to the penalties set forth in Bylaw 18.4.1.5.3.
18.4.1.5.3 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, 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).
18.4.1.5.3.1 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 wit campus counseling services, participation in identified programs to address substance misuse, enrollment in evidence-based educational sessions). A student-athlete who previously tested positive for the use of a banned drug class cannabinoids tests positive for the use of a substance in a banned drug class other than cannabinoids or narcotics, they shall be subject to penalties set forth in Bylaw 18.4.1.5.1
18.4.1.5.3.1.1 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).
18.4.1.5.3.2 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 beyond) 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 wit campus counseling services, participation in identified programs to address substance misuse, enrollment in evidence-based educational sessions). A student-athlete who previously tested positive for the use of a banned drug class cannabinoids tests positive for the use of a substance in a banned drug class other than cannabinoids or narcotics, they shall be subject to penalties set forth in Bylaw 18.4.1.5.1
18.4.1.5.3.2.1 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).
18.4.1.5.43 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 the use of any drug other than a cannabinoid or narcotic.
[18.4.1.5.4.1 unchanged.]
[18.4.1.5.5 through 18.4.1.5.8 unchanged.]
[18.4.2 unchanged.]
B. Administrative: Amend 31.2.3, as follows:
31.2.3.1 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 specific banned drugs and exceptions 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 been specifically identified.
[31.2.3.1-(a) through 31.2.3.1-(d) unchanged.]
(e) Cannabinoids (marijuana and THC);
[31.2.3.1-(f) through 31.2.3.1-(i) relettered as 31.2.3.1-(e) through 31.2.3.1-(h), unchanged.]
[31.2.3.1.1 through 31.2.3.1.2 unchanged.]
Budget Impact: None.
Co-sponsorship - Conference:
None
Co-sponsorship - Institution:
None
Position Statement(s):
None
Review History:
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. The council further noted that removing cannabinoids from the list of banned substances:
(1) Affirms the role of the NCAA drug-testing program to address only performance-enhancing substances;
(2) Emphasizes the importance of moving toward a harm-reduction strategy, as is done with alcohol, that prioritizes education and support over penalty;
(3) Affirms that educating student-athletes on the health threats posed by contemporary cannabis and methods of use is more effective than a prevention approach;
(4) Realigns toward local testing and education efforts to identify problematic cannabinoid use; and
(5) Acknowledges the ineffectiveness of the existing policy (prevention and penalty).
The council stressed the importance of developing educational materials that can be used by member institutions and that those materials will be available to institutions when this legislation becomes effective. Additionally, the council 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 |
|---|---|---|
| III | 18.4 | Eligibility for Championships. |
| III | 18.4.1.5 | Ineligibility for Use of Banned Drugs. |
| III | 18.4.1.5.1 | Penalty -- Banned Drug Classes Other Than Cannabinoids and Narcotics. |
| III | 18.4.1.5.1.1 | Second Positive Test. |
| III | 18.4.1.5.2 | Penalty -- Narcotics. |
| III | 18.4.1.5.2.1 | Second Positive Test. |
| III | 18.4.1.5.3 | Penalty -- Cannabinoids. |
| III | 18.4.1.5.3.1 | Second Positive Test. |
| III | 18.4.1.5.3.1.1 | Failure to Attest. |
| III | 18.4.1.5.3.2 | Third Positive Test and Beyond. |
| III | 18.4.1.5.3.2.1 | Failure to Attest. |
| III | 18.4.1.5.4 | Breach of NCAA Drug-Testing Program Protocol. |
| III | 31.2.3.1 | Banned Drugs. |