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Gordon’s legal team to argue second-half smoke
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Cleveland Browns wide receiver Josh Gordon makes a catch during a workout at the team’s practice facility in Berea. Gordon is scheduled to appeal a positive drug test on Friday.
Report: Gordon’s lawyers to appeal
Browns WR’s narrowly positive test
By MARY KAY CABOT
Northeast Ohio Media Group
BEREA
Josh Gordon’s lawyers will argue that Gordon’s narrowly positive test for marijuana resulted from second-hand smoke, according to ESPN’s Adam Schefter.
And now he’s got a very accomplished lawyer in Maurice Suh fighting for him, as reported by Schefter on Monday night. Gordon’s appeal hearing is Friday in New York.
But the NFL has heard the second-hand smoke defense before and is armed with a response.
“You are responsible for what’s in your body,’’ NFL spokesman Greg Aiello told cleveland.com in an email response.
“That’s always been a cornerstone of our drug-testing programs.’’
Mike Florio of profootballtalk.com also reported Tuesday, according to a source, that there was a disparity between the “A” and “B” bottles used for Gordon’s urine sample.
Gordon, who tested positive for marijuana this offseason according to ESPN, is facing an indefinite ban because he’s in Stage III of the NFL Substance Abuse Policy.
The source told Florio that Gordon, who’s subject to up to 10 tests per month per Stage III terms, has passed more than 70 tests — and that one was barely positive.
Florio explained that urine samples are divided into two bottles, A and B. If A is positive, B is tested for confirmation.
The B bottle doesn’t have to be over the limit, but if it contains some level of the same banned substance, it confirms the positive A test.
The source told Florio that bottle A contained 16 nanograms per milliliter of the illegal substance in marijuana, one above the limit of 15.
The B bottle contained 13.6 nanograms, below the limit, but enough to confirm bottle A.
The policy is very clearly spelled out, but if Suh can perhaps demonstrate that there was some confusion in the labeling of the bottles, Gordon could win the appeal.
If the first test had been the 13.6, Gordon would’ve passed it.
Suh helped Seattle Seahawks cornerback Richard Sherman win his case for performance-enhancing drugs in December of 2012 by proving that the cup used to collect the urine sample was leaky and that the ensuing procedures were faulty.
Last season, Gordon was suspended for two games and docked four game checks for testing positive for codeine that he said was in his prescribed cough syrup.
If Gordon loses his appeal, he’ll be lost for the season and have to wait a year to apply for reinstatement with commissioner Roger Goodell.
Goodell will appoint someone to preside over the appeal hearing.
While awaiting word on his appeal, Gordon was stopped for speeding over Memorial Day Weekend, and the officer smelled marijuana in the car, a source told cleveland.com.
Gordon was not charged with possession, but one of his three passengers was.
Then, over July 4th weekend, Gordon was arrested for driving while impaired in Raleigh, N.C. His blood-alcohol level was .09, over North Carolina’s legal limit of .08.
Following the arrest, Gordon checked himself into a rehab faciliity, which was first reported by Mike Garafolo of Fox Sports 1.
Schefter reported that the rehab facility was in California and that Gordon spent two weeks there.
Gordon reported to Browns training camp on time Friday night and has been on the practice field each day since then. He’s consistently made big plays in practice, but has sometimes appeared distracted.
Reporters have requested to speak with Gordon each day, but he has not yet been available.