Pro Athletes Should Not Be Deterred by Federal Anti-Cannabis Comments
News broke this week that Steve Cook, described by the Associated Press as ‘a zealous prosecutor who was crucial in writing the Justice Department’s new policy encouraging harsher punishments for criminals,’ has turned his attention towards cannabis. No details were released as to what exactly that means for the cannabis community, but given Mr. Cook’s background, the news does not appear to be a good thing.
The news comes after anti-cannabis comments were made by members of the Trump Administration earlier this year. In February White House press secretary Sean Spicer stated that he expects ‘greater enforcement’ of federal cannabis prohibition laws. In the same month Attorney General Jeff Sessions made the following comments, per Politico:
“Most of you probably know I don’t think America is going to be a better place when more people of all ages and particularly young people start smoking pot,” Sessions said during an exchange with reporters at the Justice Department. “I believe it’s an unhealthy practice and current levels of THC in marijuana are very high compared to what they were a few years ago.”
“We’re seeing real violence around that,” Sessions said. “Experts are telling me there’s more violence around marijuana than one would think and there’s big money involved.”
“I’m definitely not a fan of expanded use of marijuana,” he said. “States they can pass the laws they choose. I would just say it does remain a violation of federal law to distribute marijuana throughout any place in the United States, whether a state legalizes it or not.”
Jeff Sessions also stated the following during a speech to state attorney generals, also earlier this year:
“I’m not sure we’re going to be a better, healthier nation if we have marijuana being sold at every corner grocery store. Marijuana is a cure for opiate abuse? Give me a break. This is the kind of argument that has been made out there. It’s just almost a desperate attempt to defend the harmlessness of marijuana or even its benefits.”
These types of comments have caused a lot of anxiety in the professional sports world were current and retired athletes have been making a serious push to reform cannabis policies in sports leagues. Some media articles have reported that the anti-cannabis comments made by members of the Trump administration have made some athletes think twice about speaking out and supporting reform for fear of persecution. The Uncle Cliffy team can understand that these comments sound scary, but continues to encourage athletes to keep pushing forward.
While it’s possible that the federal government could target a pro athlete for personal cannabis use, such a move would be unprecedented, and is highly unlikely. It is much more likely that the cannabis comments and news coming out of the White House are more rhetoric than anything. By making such comments the Trump administration, and likely sports league officials, knows that it will create a chilling effect that will possibly slow down reform efforts, or convince advocates to abandon them altogether.
The fact remains that cannabis is no more or less prohibited at the federal level and in most sports leagues than it was prior to these comments and news being published. Do they increase or decrease the odds of a player being unfairly sanctioned by the league they play in? Of course not. Players are still going to be targeted in the future, just as they have been in the past until cannabis prohibition ends in professional sports.
The use of scary rhetoric is nothing new when it comes to keeping cannabis prohibition in place. Anti-cannabis statements have been used for decades by opponents in an attempt to dishearten people’s advocacy. Sadly, it often works. Many advocates feel that it’s too much of an uphill battle and there is too much to risk so they remain silent. This cannot happen in the sports cannabis movement. Athletes need to proceed onward and continue to fight for justice and compassion.
If athletes stay quiet and let fear tactics win, prohibition will remain in place. Suffering athletes like Seantrel Henderson from the Buffalo Bills will continue to be punished by the NFL, despite the fact that Seantrel’s use is entirely for medical purposes. Pro sports leagues will continue to perpetuate institutional racism by punishing players for cannabis arrests away from their team, even though mathematical data clearly shows that law enforcement arrests minorities at a disproportionate rate compared to Caucasians. As long as prohibition remains in place, athletes will continue to be punished for using a substance that is 114 times safer than alcohol while leagues simultaneously embrace alcohol, and with it, demonstrate a level of hypocrisy that should never be tolerated.
“Professional athletes need to keep pushing forward and keep calling for reform in leagues that prohibit cannabis use. Advocating for cannabis reform is not always easy, but it is always noble, and with the truth on our side we will eventually prevail and get these leagues on the right side of history.” said Cliff Robinson.
Will Donald Trump Crackdown On Pro Athletes That Consume Cannabis?
The Uncle Cliffy team recently posted an article which discussed anti-cannabis comments made by members of the federal government. Specifically, White House Press Secretary Sean Spicer and Attorney General Jeff Sessions made comments suggesting that ‘greater enforcement’ of federal cannabis prohibition could be on the way. The statements sent shock waves throughout the cannabis community, and rightfully so. The Trump administration is comprised of many long time cannabis opponents, including Jeff Sessions himself, so hints of policy changes should be taken very seriously.
An article by Bleacher Report indicated that the anti-cannabis comments also caused a stir in professional sports league circles. The article did not provide specific names, but referenced ‘several veteran players, agents and team officials’ from the NFL that expressed strong fears about an NFL player being targeted by the federal government for cannabis use. The article also suggested that NBA players could become high profile targets too.
“Stay away from marijuana at all costs. This isn’t about the NFL any longer. This is about the government coming after you.” stated an unnamed ‘higher-profile NFL agent’ according to the article. It is understandable why players and/or their agents would be concerned about federal prohibition. Federal prohibition is no joking matter. People have been arrested on numerous occasions for possessing cannabis on federal property, and it is estimated that as many as 20,000 people are sitting in prisons right now across America for non-violent, cannabis-only offenses.
But what are the odds of a player who is consuming cannabis in a private setting becoming the target of a federal investigation, especially in a state that has voted to legalize cannabis? Cannabis is no more or less illegal at the federal level now than it was before Trump took office. The federal government going after a player for consuming cannabis is technically possible, but far from likely as history has shown. Such a move would be unprecedented.
A professional athlete being penalized by their respective league for failing a drug test is exponentially more likely to occur. Athletes and their agents should certainly be concerned with federal prohibition, and should monitor for any changes in federal policy or enforcement (as every informed citizen should). They should also fight for reform in society in order to help end cannabis prohibition against responsible adults where it exists.
Federal prohibition as it relates specifically to professional athletes needs to be put into perspective. Cannabis consumption is legal in certain jurisdictions in America, and while it’s still illegal at the federal level, there is currently federal legislation (Farr-Rohrabacher amendment) and case law in place that prevents the federal government from using funds to enforce federal prohibition in states where medical cannabis is legal and the person is in compliance with state law. The measure expires at the end of next month, but is currently in effect and will hopefully be extended. 71% of Americans do not want federal laws enforced in states where voters have legalized cannabis for medical and/or adult use.
Cannabis is of course legal to possess and consume in 8 states, and D.C.. Numerous members of Congress from legal states have made it clear they will not cooperate with a crackdown on personal consumers, similar to the scenario being discussed in the Bleacher Report article. All of this will never 100% guarantee that a professional athlete will not become the target of a federal investigation and prosecution, but athletes and their agents need to put the threat of that happening into perspective. Under no circumstances should league officials be fanning the flames of fear that are popping up among athletes and their agents. To do so is harmful to the greater conversation that is going on regarding cannabis reform in professional sports, which is a conversation that MUST keep moving forward.
Athletes are adults and it is up to each individual to decide their actions, and from a purely compassionate, social justice, and wellness standpoint, the Uncle Cliffy team supports athletes making the safer choice and consuming cannabis in a responsible fashion. In addition to fighting prohibition in society, Uncle Cliffy encourages professional athletes to fight hard to end prohibition in professional sports. Whereas case law, federal legislation, and state legalization laws provide some protections for athletes outside of competition, there are zero protections for athletes in leagues that prohibition cannabis. Professional athletes need to recognize that fact, and do everything they can to fix it.
If a player like Seantrel Henderson from the Buffalo Bills consumes medical cannabis in a legal state, they are allowed to do so without fear of prosecution, at least until the Farr-Rohrabacher amendment expires. But that same consumption will later get that athlete suspended by the NFL. In Seantrel’s case, suspended for approximately 10 games.
Even after Seantrel Henderson serves his suspension, cannabis will still likely be prohibited in the NFL. Seantrel uses medical cannabis to treat a condition (Crohn’s disease) that he will have to live with the rest of his life Multiple surgeries make other pain management treatments not an option for Mr. Henderson. As such current NFL policy is essentially forcing Seantrel to either continue to play and suffer needlessly, or be forced into retirement. Athletes’ attention should definitely be focused on federal cannabis policy, but not at the expense of also keeping focus on the harms of cannabis prohibition in professional sports, and keeping pressure on the leagues to get on the right side of history. The Trump administration’s approach to cannabis policy warrants a lot of criticism, but it has yet to truly change anything that wasn’t already in place prior to the last election.
Athletes should be judged by their athletic abilities, how they perform in competition, and by their moral character. Athletes should not be judged based off of how much THC they have in their system. League policies need to be based on science, and not the personal political views of league officials. The National Hockey League (NHL) has proven that cannabis can be removed from a professional sports league’s banned substance list without issues. Instead of athletes ‘avoiding cannabis at all costs’ Uncle Cliffy encourages athletes to stand up and be heard, and to fight cannabis prohibition head-on. The Uncle Cliffy team will continue to fight to free the plant and fight for the rights of those that consume cannabis, and urges athletes and people that live an active lifestyle to do the same!
image via ACLU
Uncle Cliffy On Recent Federal Anti-Cannabis Statements
On Thursday, February 23rd White House press secretary Sean Spicer stated that he expects ‘greater enforcement’ of federal cannabis prohibition laws. Mr. Spicer was speaking at a White House press briefing, and indicated that the ‘greater enforcement’ would be directed at states that have voted to legalize cannabis for adult use (Colorado, Washington, Oregon, Alaska, California, Nevada, Maine, and Massachusetts).
Sean Spicer stated the following about opioids and cannabis, “When you see something like the opioid addiction crisis blossoming in so many states around this country, the last thing we should be doing is encouraging people.” Mr. Spicer stated at the time that it would be up to the Department of Justice to decide how to deal with federal cannabis enforcement. The Department of Justice did not comment at the time, but United States Attorney General Jeff Sessions has since made statements about federal cannabis policy.
Jeff Sessions is a longtime cannabis reform opponent, having once supported a bill that would have resulted in some cannabis convictions being punishable by execution. As recently as April 2016 Jeff Sessions had indicated that he didn’t think that cannabis consumers were good people. So it comes as no surprise to see Jeff Sessions make the following statements this past Monday, per Politico:
“Most of you probably know I don’t think America is going to be a better place when more people of all ages and particularly young people start smoking pot,” Sessions said during an exchange with reporters at the Justice Department. “I believe it’s an unhealthy practice and current levels of THC in marijuana are very high compared to what they were a few years ago.”
“We’re seeing real violence around that,” Sessions said. “Experts are telling me there’s more violence around marijuana than one would think and there’s big money involved.”
“I’m definitely not a fan of expanded use of marijuana,” he said. “States they can pass the laws they choose. I would just say it does remain a violation of federal law to distribute marijuana throughout any place in the United States, whether a state legalizes it or not.”
In a speech to state attorney generals today Jeff Sessions also stated the following:
“I’m not sure we’re going to be a better, healthier nation if we have marijuana being sold at every corner grocery store. Marijuana is a cure for opiate abuse? Give me a break. This is the kind of argument that has been made out there. It’s just almost a desperate attempt to defend the harmlessness of marijuana or even its benefits. I doubt that’s true. Maybe science will prove I’m wrong. But at this point in time you and I have a responsibility to use our best judgement, that which we’ve learned over a period of years and speak truth as best we can.”
The opinions expressed by Mr. Spicer and Mr. Sessions are not based upon facts. As NORML points out, “Marijuana legalization has not lead to increased crime or violence, but rather is associated with lowered youth use rates and access, increased tax revenue, and fewer arrests of otherwise law abiding American citizens.” A crackdown by the federal government is not only unwarranted for the reason Sean Spicer expressed (fictitious increased violence), but it would push customers from a regulated market back into an unregulated one which could actually increase the risk of a cannabis consumer being exposed to violent situations.
Cannabis policy needs to be based on science, not political rhetoric. Mr. Sessions’ attempt to tie cannabis legalization to the opioid crisis is not just wrong, it’s harmful. Multiple studies have shown that increased access to cannabis results in less opioid use. A federal crackdown would lead to more people using opioids, which is a scenario that the Trump administration claims to want to avoid. If the Trump administration truly felt that way, the last thing it should want to do is crackdown on legal cannabis states.
On the campaign trail candidate Donald Trump stated that he would leave cannabis policy up to the states. Voters in 8 states have spoken loud and clear that they think that prohibition has failed, and that it’s time for a more sensible approach to cannabis policy. Cannabis legalization is working by every measure in states where it exists, and there is zero upside to ‘greater enforcement’ of federal prohibition. Poll results that were released on the same day as Spicer’s comments (February 23rd) found that 71% of respondents did not want to see federal enforcement of cannabis prohibition in states that have voted to legalize cannabis for adult use. The Uncle Cliffy team hopes that president Trump will stand by his campaign promise to respect states rights, and and allow legal states to proceed without federal intervention.