NFL, Broncos dismiss player’s THC discrimination case

The NFL and the Denver Broncos are fighting to maintain a discrimination lawsuit in federal court, arguing that a former linebacker’s fined claims for using prescription synthetic THC drugs are inseparable from the league’s collective bargaining agreement.

In court papers filed this week and obtained via Law360, the league and team rejected Randy Gregory’s attempt to return the case to state court, where he originally filed suit for violating Colorado’s anti-discrimination laws.

Gregory – currently a free agent after reportedly being released by the Tampa Bay Buccaneers for failing to report to the team, conformable to NBC Sports — claims he was improperly fined $532,500 for using dronabinol, a synthetic form of THC prescribed to treat social anxiety disorder, PTSD and football-related injuries.

Before filing suit, Gregory unsuccessfully challenged the fines for the positive tests, which occurred between June and December 2023, through arbitration.

The main dispute centers on Gregory’s request for a therapeutic use exemption for the drug, which was denied. According to court records, Gregory began using the substance before receiving approval, violating the league’s policy requiring prior authorization for banned substances.

The case could face an uphill battle in Colorado, where labor laws are not exactly uniform. State legislators REJECTED broader workplace protections in HB 1152 in 2022, but Gov. Jared Polis later issue an executive order protecting the off-duty use of cannabis by some employees. This order focused particularly on professional licenses.

However, the NFL and Broncos cited Colorado court precedents that show workplace drug policies remain enforceable under state law even when the substances are prescribed for medical conditions.

“As plaintiff’s original complaint acknowledges, the only source of NFL player testing is policy,” the league argued in its response. “Thus, in adjudicating plaintiff’s retaliation claims, the court should consider the detailed requirements and testing procedures.”

Independent arbitrators have already upheld the fines following Grigore’s objections, according to the answer. The league argues that fact alone demonstrates how closely the case is tied to its collective bargaining agreement.

Professional sports leagues face more challenges with drug policies as cannabis becomes legal in more states. While the NFL has maintained relatively strict policies, relaxing its stance only in 2020 by eliminating suspensions for positive tests, other leagues have moved faster. The NBA’s most recent collective bargaining agreement, for example, now explicitly allows players to invest in cannabis companies in addition to consumption.

Former NFL and NBA players have made the leap into legal cannabis, including Calvin Johnson, Al Harrington (along with Philly’s Allen Iverson) and even Carmelo Anthony.

Gregory’s lawyers tried to amend the complaint to remove references to the collective bargaining agreement, but the league argued that didn’t change the fundamental nature of the dispute.

“Any change to the policy in question must be collectively negotiated,” the league told the court. It basically said that drug testing policies can only be changed through negotiations between the NFL and the players union.

NFL vs. Randy Gregory Answer