NBA Will No Longer Penalize Marijuana Use, Report Says: Here’s How Other Leagues Measure Up

The NBA will allow players to use marijuana after reaching a new labor agreement with the players’ union, according to The Athletic, following similar moves at the MLB and NHL .The NBA reached a tentative deal last week with the National Basketball Players Association for the 2023-2024 season, which includes a stipulation that the league will no longer test players for marijuana use, The Athletic reports, citing sources with knowledge of the deal.

The league and the players’ association still need to ratify the agreement, but it is set to include a clause removing marijuana from the league’s drug testing program, and players won’t be penalized for use anymore, according to The Athletic. The NBPA has not released any details on the deal, saying in a statement on Twitter: “Specific details will be made available once a term sheet is finalized."

The NBA’s previous marijuana policy included entering players into its treatment and counseling program after the first violation, a fine of $25,000 after the second violation and a five-game suspension without pay after the third violation.

In 2021, the NBA announced it would no longer randomly test players for marijuana use, a continuation of its 2020 Covid “restart bubble” policy—at that time, random testing for performance-enhancing drugs, growth hormones and “drugs of abuse” (like cocaine, opiates and methamphetamine) took priority. Some 21 states, Washington D.C. and Guam have fully legalized recreational and medical marijuana, and according to ESPN, THC is legal in 73.7% of all states with NBA teams.

Former NBA players have come out in support of marijuana legalization, including J.R. Smith and Al Harrington, who both lobbied for legalization in New York in 2019—Harrington told GQ 85% of players smoke or use “some form of cannabis.” The NFL’s collective bargaining agreement for the 2020-2021 season changed the league’s policy on marijuana, allowing players to use the drug during the offseason but still restricting use during the game season. The CBA also raised the threshold for a positive marijuana test from 35 nanograms to 150, and removed suspensions for positive tests of any drug in favor of fines. The league previously tested 10 players from each team every week during the season, with six positive tests resulting in a year-long suspension.

  • The MLB removed marijuana from its banned substances list in the 2019 offseason, allowing players to use the drug in their off time. However, players can still be punished for marijuana use if they appear under the influence during games, practice, meetings, workouts or any other circumstances during “the scope of their employment.”

  • The NHL doesn’t classify marijuana as a banned substance and players are not punished for positive tests. If “abnormally high levels” are detected during a player’s urine test, they’re offered admission—to which they can decline—in the league’s Substance Abuse and Behavioral Health program, but the NHL won’t know they’ve entered the program.

  • The Olympics follows the World Anti-Doping Agency’s drug use policy, which bans marijuana use during competition season but not during the offseason. American Olympic runner Sha'Carri Richardson was infamously disqualified from the Olympics after testing positive for marijuana in 2021 following a win at the Olympic trials in Oregon. Although marijuana is legal in the state, because the American Track Federation is a part of the Olympics, it follows WADA guidelines, too. Malik Beasley was suspended from 12 games without pay during the 2020-2021 season following his arrest for possession of marijuana and concealing stolen property, costing him $1.1 million. Beasley was a shooting guard for the Minnesota Timberwolves.

  • Dion Waiters was suspended without pay for 10 games during the 2019-2020 season after experiencing a panic attack on a team flight due to eating a THC-infused edible. Waiters was a guard for the Miami Heat.

  • Al Jefferson was suspended without pay from five games during the 2015-2016 season as a result of a third violation for testing positive for marijuana. Jefferson played center for the Charlotte Hornets.

  • J.J. Hickmon was suspended without pay from the first five games of the 2014-2015 after testing positive for marijuana for a third time. Hickmon was a forward for the Denver Nuggets.

  • J.R. Smith was suspended without pay for five games of the 2013-2014 season after testing positive for marijuana, costing him around $250,000. Smith played shooting guard for the New York Knicks.

  • Larry Sanders was suspended without pay from a minimum of 10 games during the 2013-2014 season after testing positive for marijuana. Before his contract ended, the Milwaukee Bucks (where he was a forward) bought his contract out for $15 million. He was first suspended during the 2013-2014 season marijuana use, missing the last five games of the season.

  • Arnett Moultrie was suspended without pay from five games during the 2013-2014 season after testing positive for marijuana for a third time. Moultrie was a forward for the Philadelphia 76ers.

  • Terrel Harris was suspended without pay from five games during the 2013-2014 season after testing positive for marijuana for a third time. Harris was a guard for the Portland Trail Blazers.

  • Maurice Taylor was suspended without pay from five games during the 2006-2007 season after testing positive for marijuana for a third time. Taylor was a forward for the Sacramento Kings. He was previously suspended from the first five games of the 2002-2003 season after admitting he used marijuana.

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