Chapter[ III. The Governing Laws and Baseball Policies Regarding Possession or Use
of Performance Enhancing Substances ]
Section[ B. 8. 2001 Minor League Drug Prevention and Treatment Program ]
8. 2001 Minor League Drug Prevention and Treatment Program
The next round of collective bargaining would not occur until 2002. As
awareness of the problem grew after the reported discovery of androstenedione in Mark
McGwire’s locker, in August 1998, the Commissioner’s Office took a number of steps to lay the
foundation for bargaining toward a joint drug program during 2002 negotiations. Those steps
included an effort to improve regulation of dietary supplements and the introduction of a steroid
education program.
Then, in June 2001, Commissioner Selig unilaterally implemented a drug testing
program in baseball’s affiliated minor leagues.139 Under the program, minor league players were
prohibited from using, selling, or distributing drugs of abuse or anabolic steroids. The program
prohibited all Schedule III steroids and certain other substances (including clenbuterol, a non-
anabolic veterinary medication that some athletes abuse in an effort to become leaner), but it did
139 See Major League Baseball’s Minor League Drug Prevention and Treatment Program
(2001).
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not include some supplements with anabolic effects that were then legal for over-the-counter
sale, including androstenedione and DHEA.
The program applied to all minor league players who were not members of the
Players Association bargaining unit (that is, players who were not on the 40-man roster of any
major league club). The Commissioner could impose drug testing unilaterally as to minor league
players because they were not members of the Players Association and thus not parties to a
collective bargaining agreement. The program implemented a system of random urine testing for
prohibited substances, subjecting each player to up to three random tests per year in addition to
any “reasonable cause” testing that might be justified in the case of any player.
The minor league program has continued to the present, with refinements in the
list of prohibited substances, the number of random tests, testing procedures, and the penalties
applicable for failed tests. Although the initial revision of the program was to lower the penalties
that could result from failed drug tests, since August 2005 the penalties for failing a test for use
of a prohibited performance enhancing substance under that program have been the same as
those in place in Major League Baseball, which are discussed in more detail below: a suspension
of 50 games for the first failed test; a suspension of 100 games for the second failed test; and
permanent suspension from baseball for a third failed test.140 Human growth hormone and
androstenedione both were added to the minor league prohibited substance list for 2002, years
140 See Memorandum from Jennifer R. Gefsky to All Minor League Clubs Re: 2006
Minor League Drug Program, dated Aug. 25, 2005; Memorandum from Commissioner Selig to
All General Managers, Farm Directors, Club Physicians and Employee Assistance Professionals,
Re: Minor League Drug and Steroid Testing, dated Jan. 2, 2002.
45
earlier than either of these substances was added to the prohibited list under the collective
bargaining agreement for Major League Baseball.141
Two rounds of in-season testing were conducted on minor league players during
2001, resulting in positive tests for steroids in 439 of 4,850 tests (9.1%). Players who tested
positive were not subject to discipline initially but instead were provided treatment and
counseling. In 2002, there were 4,719 tests of minor league players, resulting in 227 positive
tests for steroids (4.8% of total tests); 20 players were suspended (without public notice) even
though in 2002, first-time positive tests resulted in treatment rather than discipline. In 2003,
a total of 4,772 tests resulted in 173 positives for steroids (4% of total tests); 20 players were
suspended (without public notice).142 In 2004, 4,801 total tests were conducted, resulting in
78 positive tests for “performance enhancing substances” (1.7% of total tests), and
78 suspensions, including 13 suspensions for second-time offenders. For the first time, players
were subject to suspensions for first-time positive tests.143 In 2005, a total of 5,961 in-season
tests resulted in 106 positive tests for performance enhancing substances (1.78% of total tests)
and 106 player suspensions.144 In 2006, 6,433 total tests resulted in 23 positives (0.36% of total
tests) and 23 suspensions.145
141 See Memorandum from Commissioner Selig to All General Managers, Farm
Directors, Club Physicians and Employee Assistance Professionals Re: Minor League Drug and
Steroid Testing, dated Jan. 2, 2002.
142 See Letter from Robert D. Manfred, Jr. to Sen. George J. Mitchell, dated Mar. 28,
2007, at 11-12; Letter from Robert D. Manfred, Jr. to Rep. F. James Sensenbrenner, Jr. and Rep.
John Conyers, Jr., dated June 20, 2005, Attachment 1.
143 See Letter from Robert D. Manfred, Jr. to Sen. George J. Mitchell, dated Mar. 28,
2007, at 11-12; Letter from Robert D. Manfred, Jr. to Rep. F. James Sensenbrenner, Jr. and Rep.
John Conyers, Jr., dated June 20, 2005, at 7.
144 See Letter from Robert D. Manfred, Jr. to Sen. George J. Mitchell, dated Mar. 28,
2007, at 11-12. The Commissioner’s Office also produced data for testing in the Dominican
Summer League in 2004 (97 positives out of 894 tests, an 11% positive rate) and 2005
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