ANTI-DRUG AGREEMENT

1. A. Prohibited Substances

The following substances are Prohibited Substances under the Program:  amphetamine and its analogs (including, but not limited to, methamphetamine and MDMA), cocaine, LSD, opiates (heroin, codeine and morphine), and PCP (collectively, “Drugs of Abuse”); marijuana; steroids, performance-enhancing drugs and masking agents (collectively, “SPEDs”); and diuretics.

1. B. Testing

(1) Laboratories and Testing: All drug tests will be analyzed by certified laboratories selected by the NBA and NBPA and approved by the Medical Director.  A player will test “positive” for a Prohibited Substance at the concentration levels set forth in the CBA, if the player fails or refuses to submit to a drug test, or if the player attempts to substitute, dilute or adulterate his urine sample.  A player notified of a positive result has five (5) business days to request a re-test from the NBA and NBPA.  The re-test will be performed at a laboratory different from the laboratory used for the first test.

(2) Random Testing: All players are subject to four random tests each season (from October 1 to June 30).  All such tests are scheduled and conducted by an independent, third-party entity and are without prior notice to the player.  The NBA and the NBPA are not involved in the scheduling of any tests or the selection of players for testing.

(3) Reasonable Cause Testing: If the NBA or NBPA receives information that provides reasonable cause of a player’s use, possession or distribution of a Prohibited Substance, the NBA or NBPA may request a hearing with the other party and the Independent Expert within 24 hours of the receipt of that information.  At that hearing, the Independent Expert will decide whether reasonable cause exists, and if it does exist, will issue an authorization for testing.  After an authorization for testing is issued, the NBA will arrange for testing of the player four times during the next six weeks.

(4) Adjudication Without Testing: If the NBA or NBPA believes that there is sufficient evidence of a player’s use, possession or distribution of a Prohibited Substance, or of his treatment outside the Program for the use of a Prohibited Substance, the matter may be taken directly to the Grievance Arbitrator.  If the Grievance Arbitrator determines that the player has used or possessed a Drug of Abuse, or has distributed any Prohibited Substance, the player will be dismissed and disqualified from the NBA.  If the Grievance Arbitrator determines that the player has used or possessed marijuana or a SPED, the player will be subject to the penalties for a positive test result for the applicable Prohibited Substance.

1. C. Coming Forward Voluntarily

Under the Anti-Drug Program, any player who voluntarily comes forward to seek treatment of a drug problem is provided with appropriate in-patient counseling and medical treatment, as prescribed by the Program’s Medical Director. In order to encourage players with problems to seek help, this treatment is provided at the expense of the team, the player continues to be paid, and penalties are generally not imposed as long as the player complies with the terms of his prescribed treatment.

(1) A player may not come forward voluntarily until he has been selected in an NBA Draft or invited to an NBA training camp. He also may not come forward voluntarily: (a) during a period in which he is subject to reasonable cause testing under the Program; (b) during a period in which he is subject to in-patient or aftercare treatment in the Program; or (c) if he has already reached Stage 2 of the Drugs of Abuse Program.

(2) In order to come forward voluntarily, a player must directly communicate his desire to enter the Anti-Drug Program and seek treatment for a problem involving the use of a Prohibited Substance, and he must communicate this to the Medical Director of the Anti-Drug Program or a designated representative of the NBA League Office or the Executive Office of the Players Association.  A player is not permitted to come forward voluntarily to a representative of a team.  Therefore, any player who tells an owner or other team employee that he is having a drug problem has not come forward voluntarily within the meaning of the Anti-Drug Program and remains subject to all Program penalties.

(3) Upon voluntary entry into the Anti-Drug Program, the player will be evaluated by the Medical Director and a treatment program (usually including counseling and testing) will be designed specifically for that player. If the player fails to comply with his in-patient treatment or with his aftercare, as prescribed by the Program’s counselors, he is subject to substantial fines and suspensions.

1. D. Penalties

(1) Drugs of Abuse: If a player tests positive for a Drug of Abuse during Random Testing or Reasonable Cause Testing, he will be dismissed and disqualified from the NBA.  A player will also be dismissed and disqualified from the NBA if he is convicted of, or pleads guilty, no contest or nolo contendre to, a crime involving the use or possession of a Drug of Abuse.

(2) SPEDs: If a player tests positive the first time for SPEDs during Random Testing or Reasonable Cause Testing, the player will be suspended for ten (10) games and will be required to enter the SPEDs Program.  A second positive test for SPEDs will result in a 25-game suspension and the player’s re-entry into the SPEDs Program.  A third positive test for SPEDs will result in a one-year suspension and the player’s re-entry into the SPEDs Program.  A fourth positive test for SPEDs will result in the player being dismissed and disqualified from the NBA.  A player will also be dismissed and disqualified from the NBA if he is convicted of, or pleads guilty, no contest or nolo contendre to, a crime involving the use or possession of a SPED.

(3) Marijuana: If a player tests positive for marijuana during Random Testing or Reasonable Cause Testing, or he is convicted of, or pleads guilty, nolo contendre or no contest to, the use or possession of marijuana in violation of the law, he will be required to enter the Marijuana Program.  A second positive test for marijuana will result in a $25,000 fine and the player’s re-entry into the Marijuana Program.  A third positive test for marijuana will result in a five-game suspension and the player’s re-entry into the Marijuana Program.  A fourth (or any subsequent) positive test for marijuana will result in a suspension that is five (5) games longer than the player’s immediately-preceding suspension.

(4) Diuretics: If a player tests positive for a diuretic during Random Testing, he will be subject to the penalties for a positive test result for SPEDs.  If a player tests positive for a diuretic during Reasonable Cause Testing, he will be subject to the penalties for a positive test result for the Prohibited Substance for which the authorization for Reasonable Cause Testing was issued.

(5) Non-Compliance With Treatment: Any player that enters the Program must comply with the in-patient and/or aftercare ordered by the Medical Director, including, but not limited to, random testing on a frequent basis for Prohibited Substances and alcohol. A player’s failure to comply with his in-patient or aftercare treatment while in the Program will result in substantial fines and suspensions, which will be imposed until that player fully complies with the requirements of the Program.  If the player is in the Drugs of Abuse Program, his failure to comply with the Program’s requirements can also lead to the termination of his player contract and his dismissal and disqualification from the NBA. 

During Stage 2 of the Drugs of Abuse Program, a player will automatically be suspended during his period of in-patient treatment and for at least six (6) months of his aftercare.  Any later use, possession or distribution of a Drug of Abuse by a Stage 2 player (even if voluntarily disclosed) will result in his dismissal and disqualification from the NBA.

If a player seeks treatment outside the Program, he may be required to be tested without notice.  If the player tests positive for a Drug of Abuse during this testing, or does not voluntarily come forward for testing within 60 days of the NBA’s request, the player will advance two stages in the Drugs of Abuse Program.  If he was previously in the Drugs of Abuse Program, he will be dismissed and disqualified from the NBA.

1. E. Reinstatement

Any First-Year Player who is dismissed and disqualified from the NBA pursuant to Random Testing will be disqualified for a period of not less than one (1) year.  Any other player who is dismissed and disqualified from the NBA under the terms of the Program will be disqualified for a period of not less than two (2) years.  A player will only be reinstated with the approval of both the NBA and the NBPA, and such approval may be conditioned on random testing and other terms.

Source: National Basketball Association