I. Introduction

The National Collegiate Athletic Association (NCAA) is the largest governing body in college athletics. The NCAA regulates all aspects of student athletics among 1,100 schools in the United States. It also organizes the athletic programs for over 500,000 collegiate student athletes. Part and parcel to their governance of collegiate athletics is the NCAA’s responsibility for maintaining the integrity of competition by conducting drug testing procedures for student athletes under their purview. On June 26, 2024, the NCAA removed cannabis from its banned drugs list for Division I college football championship and post-season. This decision has significant legal and policy implications that extend beyond the realm of collegiate athletics. Arguably, this decision is a part of the evolving public perception of marijuana.

II. NCAA Committee on Competitive Safeguards and Medical Aspects of Sports Signaling

Illicit drug and performance-enhancing drug testing is no stranger in the world of sports. Drug testing is utilized to safeguard the integrity of the competition by ensuring that no competitor is utilizing an unfair advantage. Each NCAA member university has their own unique drug testing policies and standards; the NCAA regulates drug testing during the post-season – cannabanoids have been included as a banned substance at both the individual and NCAA level.

In September of 2023, the NCAA Committee on Competitive Safeguards and Medical Aspects of Sports (CSMAS) recommended that each of the three divisional governance bodies introduce and adopt legislation that would remove cannabinoids from the list of NCAA banned drug classes. The rationale for considering the change was largely informed by the December 2022 Summit on Cannabinoids in College Athletics and includes the consensus opinion that cannabis is not a performance-enhancing drug and that a harm reduction approach to cannabis is best implemented at the school level. Additional rationale included:

i. Focusing on testing for substances that provide an unfair advantage by enhancing athletic performance.

ii. Shifting toward a harm reduction philosophy for cannabis, similar to the approaches taken with alcohol.

iii. Realigning toward institutional testing and how that testing supports/enhances campus efforts to identify problematic cannabis use.

iv. Educating student-athletes on the health threats posed by contemporary cannabis and methods of use.

v. Identifying and explaining relevant harm reduction/mitigation strategies to those student-athletes who choose to legally consume cannabis.

vi. In addition to the policy and testing changes, CSMAS also signaled its support for the development of a comprehensive communication and education campaign that provides guidance to the membership about cannabis.

III. NCAA Division 1 Council Removes Cannabinoids from Banned List

On Tuesday, June 25, 2024, upon the recommendation of CSMAS, the NCAA Division I Council voted to remove cannabinoids from the banned drug class for NCAA championships and post-season football. Additionally, the Division I Council stated that ongoing penalties for student-athletes who tested positive for cannabinoids will be discontinued.

This NCAA change comes as recreational marijuana continues to be legalized across the country and is legal in 24 states. Collegiate football is not the first American sport to adjust its testing regime to reflect the current public perception. Namely, the NBA removed marijuana from the league’s drug-testing program in 2023 as part of a new collective bargaining agreement. Schools will continue to have individual drug tests and policies.

IV. Practical Implications of the NCAA’s Removal of Cannabinoids

The NCAA’s decision reflects a broader trend in the legal landscape surrounding cannabis. The decriminalization and legalization of marijuana is gaining momentum across the United States. As more states move to legalize cannabis for medical and recreational use, the NCAA’s policy shift aligns with these evolving societal norms and practices. However, this shift also raises questions about the intersection of state laws and federal regulations, especially in states where marijuana remains illegal.

Implications on Student-Athletes

For student-athletes, this NCAA policy change could lead to a more supportive environment regarding their personal health choices. Under the previous regime, athletes could face severe consequences for positive marijuana tests, including suspensions and loss of eligibility. The new policy could reduce legal and psychological stress for athletes who use marijuana in accordance with state laws, which could in turn lead to improved mental health outcomes.

Legal Challenges and Compliance

While the removal of cannabinoids from the NCAA Division I football banned substance list may simplify matters for many, it could also lead to complex legal issues for university compliance officers. Given the inconsistencies nationwide regarding the legalization of marijuana, universities and athletic departments must navigate a complex web of state and federal laws, which might lead to disputes over compliance and enforcement. For instance, universities housed in states with strict marijuana laws may still face legal dilemmas if their policies conflict with state regulations or university guidelines.

Influence on Future Legislation

The NCAA’s decision could influence broader discussions about drug policy in sports and potentially impact future legislation. As the major governing body in collegiate athletics, the NCAA’s stance on marijuana may serve as a precedent for other sports organizations, pushing for a reconsideration of how recreational substances are regulated in sports contexts.

V. Conclusion

The NCAA’s decision to exclude marijuana from its Division I football testing regime represents a significant shift in sports policy that mirrors broader societal changes regarding the use of cannabis. While it may ease some of the legal and personal burdens for athletes, it also introduces new challenges and considerations for universities and governing bodies. As the legal landscape of cannabis continues to evolve, the full ramifications of this policy change will unfold and could potentially influence future sports regulations and drug testing protocols.