Chapter[ X. Review of the Major League Baseball Joint Drug Prevention and
Treatment Program ]
Section[ B. 4. f. Drug Program Penalties ]
f. Drug Program Penalties
The severity of penalties is, of course, an important factor in deterrence. Major
League Baseball first provided for penalties for failed drug tests under its joint program in 2004.
Those penalties were strengthened in two revisions to the program, including imposing
suspensions based on a player’s first positive test beginning in 2005. Currently, players who test
positive for the use of steroids and similar prohibited substances are subject to a 50-game
suspension for first-time offenders (30% of the season), a 100-game suspension for second-time
offenders, and a permanent ban for third-time offenders. All suspensions are without pay.551
The penalties imposed under the joint program are stronger than those imposed
under drug programs in other major professional sports leagues in the United States.552 The
current NFL drug policy provides for a four-game suspension without pay (25% of the season)
551 Major League Baseball’s Joint Drug Prevention and Treatment Program, § 8(H)(2)
(2006).
552 WADA penalties are stronger, requiring a two-year suspension for a first violation.
276
for a first violation, an eight-game suspension without pay for a second violation, and at least a
12- month suspension without pay for a third violation, with the right to petition for
reinstatement after twelve months.553
The NBA drug policy prescribes a 10-game suspension without pay for a first
violation (12% of the season), a 25-game suspension without pay for a second violation, and a
one-year suspension without pay for a third violation. A fourth violation results in immediate
dismissal and disqualification.554 Players who are dismissed may petition for reinstatement after
twelve months and are not required to submit to a drug test before being reinstated.555
Under the NHL’s drug program, the first violation results in a 20-game
suspension without pay (25% of the season), the second violation results in a 60-game
suspension without pay and the third violation results in permanent suspension from the
league.556
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