The National Collegiate Athletic Association (NCAA)—the organization that administers intercollegiate athletics in the U.S.—is making drastic changes to its drug policy for cannabis.

Changes were announced at the 2024 NCAA Convention that took place on Jan. 10-13, in Phoenix, Arizona. NCAA Division I proposed ending the practice of drug testing athletes for cannabinoids. The NCAA released a news release on Jan. 10, announcing that Division I is proposing removing cannabis from its drug-testing policy and will be voting on implementing the change shortly.

The White Mountain Independent reports that during the NCAA Convention on Jan. 11, a group of panelists discussed the recent cannabinoid drug testing policy updates and what needs to be done in order to incorporate those changes. NCAA Division I leaders decided cannabis is not in fact a performance-enhancing drug and that the organization’s drug testing policy should focus on other drugs instead.

“Cannabis is not a performance-enhancing drug, and we determined that the drug testing conducted at NCAA championships should focus on substances that impact competitive outcomes,” said Pat Chun, athletics director at Washington State and chair of the Strategic Vision and Planning Committee. “To be clear, this does not mean that NCAA members condone or promote use of cannabinoids. However, rather than focus on testing and subsequently penalizing student-athletes who use cannabis, NCAA efforts should focus on a harm reduction strategy, similar to substances like alcohol.”

The three panelists are members of the Committee on Competitive Safeguards and Medical Aspects of Sports (CSMAS), which recommended in September 2023 that each NCAA division introduce and adopt legislation to remove cannabinoids from the association’s banned list.

In order for cannabis to be removed from the NCAA substance list, Divisions I, II, and III must introduce and adopt legislation.The CSMAS committee suggested that NCAA Divisions I, II, and III remove cannabinoids from the NCAA’s banned drug list. Beyond the obvious tetrahydrocannabinol (THC), this would also remove less common cannabinoids, including cannabidiol (CBD), cannabigerol (CBG), and cannabinol (CBN).

Division I programs offer the highest level of competition between the NCAA’s three divisions and is the hardest division to get into and compete in.

The recommendation dates back to a December 2022 Summit on Cannabinoids in College Athletics, which concluded that “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,” the NCAA wrote in a June 16, 2023 news release.

In February 2022, CSMAS slowly recognized the need for change, raising the THC testing threshold from 35 to 150 nanograms per milliliter and proposing a new penalty structure that incorporated treatment and education plans.

“One of the things we know about college students specifically is that treatment and education strategies work better than penalties,” CSMAS member Nadine Mastroleo, an associate professor in the department of psychology and faculty athletics representative at New York’s Binghamton University. “The last piece of this is really testing within a campus or at the local level. That is the best approach to using and finding individuals who actually might have a problem and could really use some support to reduce their use and to recover from whatever problems they may be having from that.”

According to a 2023 NCAA Student-Athlete Health and Wellness Study, 43% of college athletes are using marijuana in states where it is legal for recreational and medical use.

“Harm-reduction interventions, meaning meeting individuals where they are, are likely to be more effective in reducing cannabis-related health consequences than abstinence-only approaches,” said CSMAS member Deena Casiero, the senior associate athletics director for sports medicine and the head team physician at the University of Connecticut. “We know that randomly testing small groups of individuals at championships is not likely going to be as effective a deterrent as educating athletes about what this substance is actually doing to their bodies.

She continued, “How is this affecting your injury risk? How is this affecting your recovery? How is this affecting your performance? How is it affecting your sleep, your mental health? Pushing those agendas are going to be way more effective than randomly testing a group of individuals and then punishing them when they test positive.”

“So for those of you that will be getting emails from your student-athletes’ parents, we will hopefully be offering the information to you to help with that conversation,” Mastroleo said. “What we’re going to create ideally will be a really good toolkit of opportunities to really help with dispelling myths and also letting them know that we are out there for the athletes. Will we help everybody walk away from it? No, but I mean, how many of us can actually make everybody happy?”

A vote is scheduled to formally implement the drug testing policy change for Division I colleges is expected in June.

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A newly published survey from researchers at Kent State University sought to find out whether “cannabidiol (CBD) use and/or delta-9-tetrahydrocannabinol (THC) use … shows promise to enhance exercise recovery.”

The researchers said that the study “aimed to determine if individuals are using CBD and/or THC as a means of recovery from aerobic and/or resistance exercise, as well as additional modalities that might be used to aid in recovery.”

The anonymous survey involved 111 participants who “were regularly using cannabis (CBD and/or THC) as well as were currently exercising,” and the questions “pertained to level of cannabis use, methods used for consumption of cannabis, exercise habits, exercise recovery strategies, and demographics.”

“Eighty-five percent of participants reported participating in aerobic training. In addition, 85% of participants also reported regular participation in resistance exercise. Seventy-two percent of participants participated in both aerobic and resistance exercise. Ninety-three percent of participants felt that CBD use assisted them with recovery from exercise, while 87% of participants felt the same regarding THC use,” the researchers said.

“Individuals who habitually use cannabis, CBD or THC, and regularly engage in exercise do feel that cannabis assists them with exercise recovery. More data are necessary to understand the role of cannabis in exercise recovery as well as perceived ergogenic benefits of cannabis by individuals who both regularly participate in exercise and habitually use cannabis,” they wrote in their conclusion. 

Even world class athletes have long dabbled in cannabis, often preferring it to booze because it doesn’t result in a hangover. And as laws surrounding recreational pot use have changed throughout the United States, professional sports leagues have also adjusted their own drug policies. 

NBA legend Kevin Durant said this summer that he personally lobbied league commissioner Adam Silver to do away with the ban on marijuana.

“I actually called him and advocated for him to take marijuana off the banned substance list,” Durant, a star for the Phoenix Suns, said at a conference hosted by CNBC. “I just felt like it was becoming a thing around the country, around the world … the stigma behind it wasn’t as negative as it was before. It doesn’t affect you in any negative way.”

The NBA and its players’ union brokered a new collective bargaining agreement earlier this year that eliminates drug testing for cannabis.

“Marijuana will be removed from the Prohibited Substances List (‘PSL’),” the contract reads. “A team that has reason to believe one of its players is under the influence of marijuana or alcohol while engaged in NBA or team-related activities, or has a dependency issue involving marijuana or alcohol, may refer the player to a required evaluation treatment program.”

One of the greatest scorers to ever play the game, Durant has been open about his own marijuana use. At the CNBC conference, Durant said that Silver likely had an inkling that he had toked up before their meeting.

“Well, he smelled it when I walked in, so I ain’t really have to say much,” Durant said. “He kind of understood where this was going. And I mean, it’s the NBA, man. Everybody does it, to be honest. It’s like wine at this point.”

The researchers at Kent State University said the changing policies and mores surrounding marijuana in the United States prompted them to conduct their survey.

“Over the past decade, cannabis use has become more widespread in the United States, both medically and recreationally. As of 2021, 52.5 million individuals in the US reported use of cannabis in the past year, accounting for 18.7% of the country’s population (Key substance use and mental health indicators in the United States: Results from the 2021 national survey on drug use and health 2021),” they wrote. “Cannabis plants are composed of a variety of cannabinoid compounds, most notably cannabidiol (CBD) and delta-9-tetrahydrocannabidiol (THC), both of which bind endocannabinoid receptors, cannabinoid type 1 (CB1) and cannabinoid type 2 (CB2) (Pagotto et al. 2006). While CBD has a low-binding affinity for CB1 and CB2 receptors, both receptors bind THC. Contrary to THC, CBD does not induce psychotropic effects. It has, however, been demonstrated to acutely stimulate parasympathetic nervous system activation resulting in reduced heart rate, reduced systolic blood pressure, and increased vasodilation . Conversely, THC has been demonstrated to impair cognitive function and up-regulate sympathetic nervous system activity, leading to acute increases in heart rate, systolic blood pressure, and vasoconstriction.”

The researchers noted that both “CBD and THC have the potential to enhance recovery from aerobic and resistance exercise due to analgesic, anti-inflammatory effects as well as the ability to enhance sleep quality.”

“Both compounds have also assisted in acutely reducing subjective feelings of pain intensity in chronic-pain patients, while acute CBD intake has been demonstrated to attenuate muscle damage following resistance exercise in resistance-trained men and women. Survey data in both recreationally active and athletic populations has demonstrated that individuals use cannabis to assist with exercise recovery, pain relief resulting from muscle-soreness, to reduce inflammation, and enhance sleep,” they said.

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On June 16, the National Collegiate Athletics Association (NCAA) Committee on Competitive Safeguards and Medical Aspects of Sports (CSMAS) released a statement regarding its support of removing cannabis from its list of banned substances.

The NCAA is governed by three divisions: Division I, II, and III. According to a press release, CSMAS met in Indianapolis last week by a referral of Divisions II and III, asking them “to further consider the [NCAA’s] cannabis policy and whether NCAA drug testing should be limited to performance-enhancing substances.”

In order for cannabis to be removed from the NCAA substance list, Divisions I, II, and III must introduce and adopt legislation. This most recent update was motivated by the 2022 Summit on Cannabinoids in College Athletics that was held in December 2022. Ultimately, the consensus stated that “cannabis is not a performance-enhancing drug and that a harm reduction approach to cannabis is best implemented at the school level.” 

CSMAS’s Rationale leading up to this recommendation includes: a focus on testing for substances that enhance athletic abilities and provide an unfair advantage to competitors, embracing harm reduction philosophy similarly to how alcohol is approached, and educating student athletes on health impacts of cannabis, among others. It also stated that in considering changes to the association’s current cannabis policies, it also supports “a comprehensive communication and education campaign that provides guidance to the membership about cannabis.”

The committee also adopted a trace level threshold for the metabolic modulator GW1516 (also known as cardarine or endurobol) to be less than 0.1 nanograms per milliliter (npm).

The NCAA Mental Health Advisory Group met for the first time in December 2022, and is working on an update for a NCAA Mental Health Best Practices document. Brian Hainline, NCAA’s chief medical officer, explained the importance of mental health support for athletes. “Since my time at the NCAA began in 2013 and the initial NCAA Mental Health Task Force, the mental health and well-being of student-athletes has been a consistent topic and top priority,” said Hainline. “The Mental Health Advisory Group is part of a continuous effort to strengthen our programming and educational resources for members and student-athletes.”

CSMAS shared that it has reviewed an early draft of the Mental Health Advisory Group document and stated its preliminary support. According to the June 16 announcement, the Mental Health Advisory Group will continue to work on its final updates for CSMAS sometime this year, with the expectation of making the updates available between 2024-2025. 

In February 2022, CSMAS announced that it would be increasing the THC threshold for a positive cannabis drug test from 35 npm to 150 npm, which was done to match that of the World Anti-Doping Agency. “Reconsidering the NCAA approach to cannabis testing and management is consistent with feedback from membership on how to better support and educate student-athletes in a society with rapidly evolving public health and cultural views regarding cannabis use,” Hainline said last year. “Marijuana is not considered a performance-enhancing substance, but it remains important for member schools to engage student-athletes regarding substance use prevention and provide management and support when appropriate.”

Other sports agencies and associations are also moving forward with improved cannabis policies as well. In April, the National Basketball Association (NBA) and National Basketball Players Association (NBPA) announced that they are considering removing cannabis from its list of banned substances for players, and plan to open up possibilities for players to invest in cannabis companies as well.

Also last month, the Chicago Cubs became the first MLB team to partner with a CBD company called MYND Drinks. “We’re proud to be the first club to partner with a CBD company, but what was more important to us was making sure that the brand was the right fit,” said Alex Seyferth, Chicago Cubs Vice President of Corporate Partnerships. “MYND DRINKS is a Chicago-based company that promotes overall wellness and helps ease the stressors of everyday life, just like a Friday 1:20 game at Wrigley Field.” The partnership includes signage at Wrigley Field and other marketing.

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Former Pittsburgh Steeler Le’Veon Bell said in a recent podcast that he’d score touchdowns and win games—even if he smoked pot beforehand.

Bell, who is now a free agent, had short runs with the Kansas City Chiefs, Baltimore Ravens, and Tampa Bay Buccaneers after leaving the Pittsburgh Steelers—the place he truly calls home in his professional football career. CBS News reports that Bell spilled the details in a recent podcast about how often he’d smoke, even before the game.

During Bell’s run with the Steelers from 2013 to 2017, he chalked up 5,336 rushing yards, 2,660 receiving yards, and averaged 5.2 yards per touchdown. Bell also earned two All-Pro selections and had three 1,000-yard rushing seasons. In 2015 and 2016 he was voted as one of the NFL Top 100. He apparently rushed many of those touchdowns stoned.

On Episode 30 of the “Steel Here” podcast, Bell explained how he smoked pot before some of his best performances for the Steelers.

“Looking back, that’s what I did,” Bell said. “When I was playing football, I smoked. Even before the games, I’d smoke and I’d go out there and run for 150, two (touchdowns).”

In 2019, Bell signed a four-year, $52.5 million deal with the New York Jets, which didn’t last too long. Bell hasn’t played professional football since the 2021 season, but has no plans to retire from the league anytime soon. A contract dispute led to his departure with the Steelers, but he hopes to eventually retire with them.

“It literally was the guarantee. They weren’t budging off of it and I wasn’t budging off of it. I didn’t want to leave Pittsburgh,” Bell said. “At the end of the day, that’s where I was at. That’s where I got drafted at. Especially after going to different teams and seeing how it is, when a team has their guy, you’re their guy. I was Pittsburgh’s guy.”

In 2021, the National Football League (NFL) made significant changes to its guidelines, so now players are only required to drug test for cannabis just once at the beginning of training camp.

“I’m trying to retire with Pittsburgh,” Bell said. “But before I do that, I might be like, ‘Hey, let me get a couple carries in the preseason so I can show you all something.’”

The NFL and Pot Policy

The NFL is easing up on cannabis policies like most other major sport leagues. Last year, the NFL took another step forward by awarding funds to two cannabis research initiatives focused on the effectiveness of cannabis as a treatment for pain management.

The NFL is currently exploring cannabis-based medicine for the treatment of pain, given that the alternative is usually opioids. The NFL announced in a press release on February 1, 2022 that it would be presenting $1 million to two different researchers at the University of California, San Diego (UCSD) and University of Regina (UR), which is located in Canada. Both research groups will be focusing on how cannabinoids can aid in general pain management, with a few other goal studies as well.

The NFL-NFLPA Joint Pain Management Committee (PMC) called for research proposals in June 2021, asking for researchers to assist with PMC’s knowledge about pain management and athletic performance.” The committee received a total of 106 submissions, which was narrowed down to 10 finalists by the NFL Research and Innovation Committee. 

In the meantime, players are likely smoking. It mirrors what has been said about other major sports leagues such as the National Basketball Association (NBA). (Jay Williams estimated that 80% of NBA players smoke weed; Al Harrington guesses the number is a bit higher.)

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The National Basketball Association (NBA) and National Basketball Players Association (NBPA) are helping to usher in a new era in sports and cannabis with a new, tentative deal. 

While the deal must still be ratified by players and team governors before it’s official, it’s looking like the NBA will not only remove cannabis from its banned substances list for players—it also plans to allow players to promote and invest in cannabis companies, as reported by The Athletic.

These new details emerge in a seven-year collective bargaining agreement that came together last weekend. The agreement would formally codify the league’s decision to temporarily suspend cannabis testing for the past three seasons, officially removing cannabis drug testing requirements for athletes. 

The NBA’s New Path Forward

The move is a long time coming. NBA Commissioner Adam Silver signaled back in 2020 that the Association’s temporary policies could one day become permanent after initially suspending cannabis testing.

“We decided that, given all the things that were happening in society, given all the pressures and stress that players were under, that we didn’t need to act as Big Brother right now,” Silver said at the time. “I think society’s views around marijuana has changed to a certain extent.”

In 2021, Weedmaps also announced its partnership with NBA star Kevin Durant, teaming up for a multi-year partnership aimed at destigmatizing cannabis and showcasing the plant’s potential in aiding “athlete wellness and recovery.”

While other professional sports leagues have steadily moved in a similar direction, the NBA stands apart with its aim to let players promote and invest in cannabis companies. The deal would also allow players to invest in NBA and WNBA teams as well as sign non-gambling endorsement deals with sports betting companies.

Reigniting the Conversation of Cannabis and Sports in the NBA

The conversation of cannabis and sports has reached new heights as the industry continues to grow. Retired athletes like Ricky Williams have opened up about their cannabis use and its benefits during their careers and beyond, especially as it relates to gameplay-related symptoms like chronic pain or achy joints. 

In a 2019 interview with High Times, Williams said the NFL is improving with its approach to cannabis, though he believed they could also do more.

“The NFL is a powerful corporation that carries a lot of clout, and if they did modify their approach more significantly, it could create a lot of change in the world,” Williams said.

Sha’Carri Richardson notably sparked renewed interest in cannabis policy in sports in 2021, after she was suspended and unable to compete in the 2020 Tokyo Olympics for testing positive for THC following the death of her mother. She’s said that she would feel “blessed and proud” if her story sparked broader policy change for other athletes.

The topic of cannabis and sports also came up in 2022 after U.S. basketball player Brittney Griner was detained in Russia over the possession of a THC vape.

As athletes continue to open up about their cannabis use as it relates to their health and wellness, research continues to affirm that cannabis and cannabinoid products have the potential to aid in athletic training and recovery, though more research is needed on the topic as a whole.

Progress for Cannabis in Sports

As the NBA takes the lead in this conversation, other major sporting leagues have steadily moved in a similar direction.

During the 2021 offseason, the NFL and NFL Players Association agreed on a change to the league’s cannabis policy. The updated policy says that players must test for cannabis just once a year, at the start of training camp. Previously, players who failed the test were subject to lengthy suspension, but now they are only subject to a fine.

In 2022, the NFL also authorized $1 million in grants for two studies that would examine the efficacy of cannabis and its compounds to manage pain in football players and provide neuroprotection from concussions.

MLB has also taken a more progressive stance in the last several years. In 2020, it clarified that players would not be punished for using cannabis, just a few months after removing cannabis from its list of banned substances. Prior to the change, players who tested positive for THC were referred to mandatory treatment, and those who failed to comply faced a fine of up to $35,000.

In 2021, Ultimate Fighting Championship (UFC) announced it would no longer punish fighters for positive cannabis tests.

The official NBPA Twitter account shared the news release announcing the tentative deal on April 1, which confirms that “specific details will be made available once a term sheet is finalized.”

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Nike is one of the largest footwear and athletic gear companies in the world, known for its familiar slogan “Just Do It.” The company recently issued a trademark complaint on Jan. 18 against a Texas-based CBD company called Revive Farming Technologies, who filed to use the trademark “Just Hemp It” on Dec. 16, 2019.

“JUST DO IT … which has been in use in commerce for more than 30 years, and registered for more than 25 years, is famous within the meaning of Lanham Act Section 43(c), 15 USC § 1125(c),” Nike stated. It is asking the Patent and Trademark Office and Trademark Trial and Appeal Board to deny Revive’s attempt to trademark the phrase “Just Hemp It.”

Nike argues that it owns multiple trademark registrations for the “Just Do It” mark, describing it as “widely recognized and famous,” and that the Revive should not be allowed to trademark “Just Hemp It” because it would lead to confusion and cause injury and damage to Nike.

According to Green Market Report (GMR), Revive already features the phrase on its website followed with a trademark symbol. GMR also states that the website contains language that makes unauthorized medical claims about CBD.

Nike’s “Just Do It” campaign first launched in 1988 by the late Dan Wieden, who has successfully launched other slogan campaigns for companies like Old Spice, Procter and Gamble, and Coca Cola. Apparently Wieden said that “Just Do It” was inspired by the final words of an inmate on death row, who said “You know, let’s do it” before his execution.

Nike has led successful trademark complaints against other companies attempting to use variations of “Just Do It” in the past. In 1992, Nike targeted a company called “Just Did It,” which also sold athletic gear, for trademark infringement. In 2020, Nike went after a business for using “Just Believe It.” More recently, a small business owner who started a succulent shop called JustSuccIt in 2020, was also contacted by Nike regarding trademark infringement.

This hasn’t been an uncommon trend in the cannabis industry either. In August 2017, the glue company known as Gorilla Glue took Gorilla Glue Strains to court. The results meant that strains known as Gorilla Glue #1 or Gorilla Glue #4 would be referred to as GG1 or GG4. 

In February 2018, The Hershey Co. began suing cannabis companies for copyright infringement, and targeted both the Oakland-based Harborside dispensary and a California edibles company called Good Girl Cannabis Co. for selling items with similar Hershey product branding.

UPS targeted cannabis delivery services that were using its acronym, such as United Pot Smokers, UPS420, and THCPlant in February 2019. 

Later in August 2019, Sour Patch Kids targeted illegal cannabis products like Stoney Patch for infringing upon the trademark as well. Cinnabon took on a vape company in October 2019 for selling an e-liquid using the brand’s name, just one month before the Center for Disease Control and Prevention discovered that vaping lung injuries were being caused by vitamin E acetate in November 2019.

More recently in August 2022, Mars Wrigley won a lawsuit against cannabis companies using the logo font and colors to sell illegal edibles. “I have placed significant weight on the issue of harm not only to the Plaintiff but also to members of the public who might accidentally consume the Defendants’ Infringing Product believing it to be a genuine SKITTLES product. The fact that SKITTLES are a confectionary product that are attractive to children reinforces the need to denounce the Defendants’ conduct,” said Judge Patrick Gleeson in his ruling.

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Two months after the United States’ top women’s sprinter was ruled ineligible for the Tokyo Olympics due to testing positive for marijuana, the international agency overseeing banned substances in sports said it is ready to review its prohibition on pot. 

The World Anti-Doping Agency (WADA) said Tuesday that it will act on an endorsement from its Prohibited List Expert Advisory Group and initiate “a scientific review of the status of cannabis.” Cannabis is on WADA’s list of banned substances, and the agency said it will continue to be in 2022.

The development comes on the heels of the July suspension of Sha’Carri Richardson, who had won the 100-meter dash at the U.S. Olympic trials earlier in the summer. Weeks before the Tokyo games were set to kick off, Richardson accepted a one-month suspension after the United States Anti-Doping Agency announced that she had tested positive for cannabis.

Both the United States Anti-Doping Agency and the United States Olympic & Paralympic Committee follow WADA’s banned substance code.

The suspension of Richardson, 21, was widely criticized and mocked, with many observers in and out of the world of track and field pointing the inconsistency of banning marijuana at a time when a growing number of states in America––and even the federal government––are moving toward legalizing pot.

(The USADA’s official reasoning for banning marijuana use among its athletes is that pot poses a health and safety risk to athletes and that cannabis can be performance-enhancing.)

White House press secretary Jen Psaki lamented the suspension, noting that Richardson’s mother had recently passed.

“It does stink,” Psaki said in an interview on cable news at the time. “I don’t think there’s a better definition of it. She has lost her mother; she’d gone through a tragedy and she’s also the fastest woman in the world—and I think she’s sending a message to a lot of little girls out there; you can do this. We know the rules are where they are; maybe we should take another look at them. We certainly have to respect the role of the U.S. Anti-Doping Agency and the U.S. Olympic Committee and the decisions they make. But it is sad.”

Other voices in politics derided the suspension.

“Marijuana is not a performance-enhancing drug unless you’re entered in the Coney Island hot dog eating contest on the Fourth of July,” said Representative Steven Cohen, a Democrat who represents Tennessee’s ninth district. “To take her right to appear, her dream, away from her, is absurd.”

Cohen called on his colleagues on Capitol Hill to move forward on cannabis reform.

“Congress should see that we don’t have these problems in the future. We deschedule marijuana. We leave it up to the states. If [Richardson had] gotten rip-roaring drunk on margaritas, Red Bull or whatever else you drink out there these days, lagers, she’d have been fine because it wouldn’t have shown up in her system, and if it had shown up in her system––if she’d have been .02 alcohol––she still would have been allowed to run,” Cohen said.

“But for marijuana, that could have been 20 days ago, and just a puff or two, she’s gone. So let’s get real,” he continued. “The War on Drugs is a total failure. Nancy Reagan was wrong. Everybody who followed her and the others who said, ‘Just say no,’ were wrong because that wasn’t sufficient. Let’s pass this bill, and let’s decriminalize marijuana, and let’s get our people to where they are not being afflicted by the cultural lag of the United States Congress.”

Richardson, for her part, owned up to her decision.

“I want to take responsibility for my actions,” Richardson said in an interview after news of the positive test result broke. “I know what I did and what I’m not supposed to do. I know what I’m not allowed to do, and I still made that decision. Not making an excuse or looking for any empathy in my case but being in that position of my life and finding out something like that—something that I would say has impacted my life positively and negatively in my life when it comes to dealing with the relationship with my mother—that definitely was a heavy topic on me.”

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