A Sportsman’s Paradise: What Louisiana Can Do to Protect Collegiate Athletes In Need of Medical Marijuana

Southern University Law Center Law Review, 2020

28 Pages Posted: 11 May 2020

See all articles by sahara fletcher

sahara fletcher

Southern University Law Center - Southern University Law Review; Southern University Law Center

Date Written: April 15, 2020

Abstract

The NCAA has a strict policy against drugs and other substances. The NCAA’s policy includes an exhaustive list of certain controlled substances, nutritional enhancements, performance enhancements, and alcohol that are banned from collegiate athlete use. However, the NCAA substance policy includes a minimal list of substances that are exempted from the ban. This list includes substances that are medically prescribed to the student-athlete. Surprisingly, medical marijuana does not appear on the list of exemptions.

Louisiana has recently enacted a comprehensive statutory regulation scheme for the use, production, sale and “recommendation” of medical marijuana. However, what this field of regulation lacks is a provision explicitly tailored toward collegiate athlete’s legal use of medical marijuana in the state. This provision is crucial due to the NCAA’s refusal to recognize medical marijuana as a legal alternative for college athletes. Instead, the NCAA has chosen to lessen the punishment for a positive test instead of exempting legal use. This Comment recommends potential regulation by the State of Louisiana to shield Louisiana collegiate athletes from NCAA and institutional punishment for lawfully abiding by state regulation.

Keywords: Student-Athlete, Medical Marijuana, Student-Athlete drug ban NCAA, Controlled Substances, Louisiana Medical Marijuana

JEL Classification: J30, K10, K14, Z20, Z22

Suggested Citation

fletcher, sahara, A Sportsman’s Paradise: What Louisiana Can Do to Protect Collegiate Athletes In Need of Medical Marijuana (April 15, 2020). Southern University Law Center Law Review, 2020, Available at SSRN: https://ssrn.com/abstract=3577293

Sahara Fletcher (Contact Author)

Southern University Law Center - Southern University Law Review ( email )

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Baton Rouge, LA 70813
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Southern University Law Center ( email )

P.O. Box 9294
Baton Rouge, LA 70813
United States

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