Sports and the Law: Super Mario’s Marijuana Admission, Mixed with a Dab of NFL Hypocrisy
At last weekend’s NFL draft, University of Michigan wide receiver Mario Manningham, who was once projected as a late first-round draft pick, saw his stock drop all the way to the third round (95th overall). This happened after he sent a letter to the 32 NFL teams admitting to having smoked marijuana in college. Only the Super Bowl champion New York Giants (incidentally owned by Fordham Law School graduate John Mara) did not become scared away from drafting the former Wolverines wide receiver.
According to published reports, Manningham, when initially asked about his past drug use in interviews, denied ever using marijuana. However, upon hiring an agent (something that Manningham had to delay based on the NFLPA’s new “junior rule”), he wrote a follow-up letter to NFL teams admitting the truth, adding that “I don’t use marijuana anymore — and I have passed tests since.”
Candor about past drug use can be tricky for certain NFL candidates. In many years, evidence of trying marijuana has been as damaging to an NFL prospect’s draft stock as it was to Douglas Ginsburg’s 1987 bid for Supreme Court nomination. In the 1995 NFL draft, for example, University of Miami defensive lineman Warren Sapp, who most had projected as the draft’s first overall pick, fell all the way to no. 11 upon news that he tested positive for marijuana at that year’s combine. Indeed, Manningham’s situation is a bit different. “Super Mario” actually passed his drug tests at the 2008 combine. He did, however, test positive for marijuana twice while at the University of Michigan.
There are some real reasons why certain NFL teams choose not to sign players who admit to having tried marijuana. First, there is the malum prohibitum argument. Marijuana is illegal in the United States. Someone that breaks the law in any capacity shows disrespect for authority. One who disrespects authority is more likely to disobey a team’s internal rules. This spells bad news, especially for disciplinarian coaches.
Then, there are the medical arguments against an athlete using marijuana, both with respect to short-term and long-term health risks. Finally, some NFL teams fear that players who test positive for marijuana in college or shortly thereafter are more likely to get suspended for marijuana use in the pros. (See, e.g., Ricky Williams).
But might there also be less valid reasons for teams to avoid pot-smoking players? Read more, after the jump.
Apart from each of these seemingly legitimate reasons, some NFL teams less legitimately claim to avoid players that have tried marijuana because of the NFL’s purported squeaky clean image. This argument, however, seems a bit bogus, because the NFL selectively enforces this image. The league does not regularly drug test its owners and front-office employees. In addition, the league had no qualms last season in hiring Tom Petty to provide the Super Bowl’s halftime entertainment. Petty’s famous song lyrics include “Let’s get to the point, let’s roll another joint” and “Last dance with Mary Jane; one more time to kill the pain.” If the NFL were truly serious about maintaining a squeaky-clean, drug-free image, Petty would not have been last year’s entertainer of choice.
It is further worth noting that no NFL team has ever turned down a White House invitation from either Bill Clinton or George W. Bush even though both presidents, like Manningham, have admitted to trying marijuana. (see here and here).
As for Manningham, getting selected two full rounds later than he expected might ultimately work to his financial advantage. He’ll be playing in New York where fan excitement remains high from last season’s Super Bowl victory. The forming of a Manning-to-Manningham touchdown combo could have real marketing appeal.
Super Mario now just needs to show that he can stay super clean.
P.S. One fun fact about Mario Manningham: his middle name is “Cashmere.” Manningham, however, spells this name differently from Above the Law editor Kashmir Hill.
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Marc Edelman is an attorney, business consultant, published author and professor, whose focus is on the fields of sports business and law. You can read his full bio by clicking here, and you can reach him by email by clicking here.
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Comments
Another reason to dislike conservative people: the demonization of pot use.
How do you know the NFL had no qualms about selecting Tom Petty to play the Super Bowl halftime show? Just because they did select him doesn't mean they had no qualms about it. Do you have inside information on that decision?
wait a minute ... how is it that someone who has confessed to criminal acts has not been prosecuted and jailed?
jesus please change that picture. We've told you a thousand times.
Are football players more like airline pilots or train conductors than presidents or SCOTUS justices?
If they are doing their jobs under the influence, there could be violent physical consequences for people.
CHANGE THE PICTURE
Every time I think about the Pats losing the Super Bowl, it brings a smile to my face. I don't know if I was happier when they lost or when my team won a few years ago.
"Cashmere" is a super-gay name for a guy.
"Finally, some NFL teams fear that players who test positive for marijuana in college are more likely to get suspended for marijuana use in the pros. (See, e.g., Ricky Williams)."
Is this accurate? I don't recall Ricky Williams ever testing positive while in college. (Google also doesn't reveal any positive college tests.) It certainly didn't come out before the draft, but maybe he admitted he tested positive in college while in the NFL?
I hope you got this right Edelman. It's a fairly glaring error if not.
9:09,
You were a professional football player? Crazy. Tell us more about the time that the team you were on won the Super Bowl. Or perhaps you owned the team that won?
I miss the days of the old NFL, when superstars like Vinnie Testaverde and Wayne Chrebet dominated the game and did it without the use of performance enhancing drugs and without getting high on illicit substances.
9:11: Go to the Wikipedia page Edelman links to, then go to the article cited in the Wikipedia entry's discussion of Ricky Williams's marijuana use.
How do you know which teams would have taken him later in the draft and weren't scared away? You make an assumption you cannot possibly support. All the teams passed on him at least once. Lat, do you not edit these columnists?
What is the point of this article?
Is this guy really trying to analogize the selection of professional athletes with the selection of a musician to perform at a halftime show and basing his claim of hypocrisy, in part, on that?
Is it really "worth noting" that NFL teams haven't turned down invitations to the White House? To the contrary, I found that to be a completely irrelevant point to make.
"Apart from each of these seemingly legitimate reasons, some NFL teams less legitimately claim to avoid players that have tried marijuana because of the NFL’s purported squeaky clean image."
Which NFL teams are claiming this?
This is terrible on so many fronts.
I only find watching football tolerable when I'm high, so I sympathize with the guy.
In this day and age, it is more likely than not that any given person has smoked pot at some time in his or her life. Why can't we accept that and move on. I'll bet we all know people who have been arrested for marijuana possession, disclosed the arrest as a part of their bar applications and were nonetheless admitted to the bar.
Real conservatives don't "demonize" pot.
Keep the picture; it is helpful and efficient. One sees it and automatically knows to scroll past.
hmmm....pot smokers in NFL may have problems if they play for disciplinarian-type coaches....Mario to NY Football Giants....Coach Coughlin head coach of NY Football Giants....hmmm....Good luck Mario
9:13, are you a bitter Patriots fan or just someone who's anxiously waiting for today's opportunity to antagonize another person over something utterly insignificant?
Or perhaps a delightful combination of the two?
Sort of interesting topic, but a boring, trite, dull, humorless post. Really, this was painful to read. And thanks for pointing out that Cashmere doesn't contain all the same letters as Kashmir.
8:57 and 9:01 - shut up. you're stupid.
9:24 - stop whining. idiot.
9:24-
My thoughts about this article exactly.
Are elementary schools off today, 9:37?
So what's the legal angle on this article? NFL players doing illegal acts and how the NFL regards it? There also is no mention of Pacman Jones. The connection with Tom Petty is tenuous at best. This article was a waste of my time.
9:39, are law firms off today?
9:24 and 9:45, even bigger waste of time: posting a comment complaining about the article wasting your time
There are tons of real fucking sports law stories out there and we get this garbage? Whats up with the clip art?
Why don't you do a story on something actually legal and sports related? Example 1 of many: Rich Rodriguez's 4 million dollar lawsuit. Interesting contract issues there, plus a juicy affidavit about racism.
"And thanks for pointing out that Cashmere doesn't contain all the same letters as Kashmir."
haha
Edelman, will you stop with the "Professor" schtick. You teach a Sports Law course as an adjunct at a TTT. BFD. Do you call yourself President because you once took some kids on a tour of the White House? Why are Michigan grads so insecure.
9:49, that's worse than this article, which we've established is pretty bad.
This football story is dumb.
The real story in real football is that Brazilian football start Ronaldo has been busted for soliciting three prostitutes--Transvestite prostitutes.
http://news.bbc.co.uk/2/hi/7374317.stm
*snores*
*wakes up, sees picture, vomits*
*back to snoring*
I blog pantless.
Change your stupid clip art. Jesus.
Regardless of whether he tested positive, it was widely known that Ricky Williams smoked weed in college. So, I think it is relevant to the point that teams were hesitant to take him as a result of the association with drug.
Stories about pro athletes and marijuana (i.e., the Josh Howard story from about a week ago), are not exactly "man bites dog." In other news, some baseball players use steroids, some people on Wall Street do cocaine, and there have been allegations of drug use at Burning Man . . .
The hippies at Latham smoke weed all the time. Its part of their hip, modern office curriculum.
It is more likely that he fell to the third round because he got a 6 on the Wonderlic. Most NFL teams would perfer wide receivers who have the mental capacity to operate a microwave without adult supervision.
Apaprently I am the only person who reads this site and enjoys the sports articles. Then again, I am probably one of the few who enjoys sports...and the outdoors, and women, and anything fun.
Keep up the good work Marc, ignore the tools who come here and take out their pent-up anger over being laughed at in gym class all of their lives.
Shouldn't the NFL d'bags be more worried about alcohol use? I mean, NFL players are much more likely to commit date rape, accidentally shoot someone or get a DWI when they have been drinking. A little weed just makes you laugh and eat junk food. BFD.
11:38- I love sports too, but certainly there's more of a story even for this article. How about 'Could Mario Manningham sue for collusion?' even or something besides a crappy Bill Simmons column.
Some of those links are not work safe. You ought to warn us.
11:38 - You're not the only one who enjoys ATL and Edelman's sports column. There's just a sampling bias among the commenters.
If I read a blog post and think it's stupid, I will complain about or criticize it in the comments.
But if I read a blog post and like it, whether on ATL or some other blog, I rarely write a comment saying "this is great."
Maybe its Maybeline.
Is this a sponsored post as well? Does Edelman pay ATL to have the privilege of promoting himself as a sports law expert a la Evan Jowers on Asia? Or does he just get to do that in exchange for providing space-filler. Either way, I think the site needs to be more open about the shill factor.
I'm with 11:38. Some of us actually like sports. Keep up the good work.
Pot makes you a better player- takes the edge off- relaxes you- enables you to get into the "zone"- spark it up and give me the ball!!!!
Mario fell in the draft because he's not that good (even in a draft with no standout WRs).
Before the draft, it came out that Kansas cornerback Aqib Talib had failed 3 drug tests in college yet Talib was still drafted in the first round. Plenty of NFL players smoke and teams know this; they're not going to pass up a prospect just because of weed. Teams simply didn't think Manningham's ability was worth a first round pick.
What is the big freaking deal with having smoked marijuana in the past? Holy shit, people...
9:11, you are terrible at googling. Here is one link on Talib's admitting he failed 3 drug tests: http://www.kansascity.com/166/story/567602.html
There are countless additional links out there about Talib, Manningham, and other college players who have taken and/or failed drug tests.
Bo Knows Weed!
Guys in my high school used to do bong hits til they puked, got recruited to play sports in college, and now play in the pros; it's no big deal.
FRAT STUD
Skadden junior associates smoke weed. Its true.
12:20 - I agree with you that he was overhyped. This draft also saw the WR's go late. Watching the draft, the experts kept predicting that a WR was about to go, and then....another lineman. The first receiver didn't even go until the second round, which is rare. I think if you take away the pot admission, he still doesn't go until mid-second round at the earliest.
I will point out that I agree with Marc with regards to the NFL. I will say that Roger Godell seems a little more serious about cleaning things up. Smoking pot in college doesn't bother me (or law school), it is the guys who are beating their wives, getting in fights, and other dumb shit that bothers me. I am glad Godell is addressing them (like Vick, Jones, etc.)
NFL teams are concerned that a player who smokes pot will show general disrespect for the law? Smoking weed shows disrespect for the law to the same extent as speeding. People, as a rule, don't follow stupid laws. As others have pointed out, NFL teams don't ignore players with underage drinking in their pasts. And do you really think the long and short term health risks scare teams off? Exactly what are those risks? Coronary and lung disease in a few decades? NFL players' bodies start deteriorating almost the second they start playing.
The only plausible reasons he went undrafted for so long: Teams didn't think he was very good, or they thought he would fail drug tests to the extent that he wouldn't play.
Are you paying attention to the NFL? Dallas has a mile-long erection for Pacman Jones. If teams thought Mario really was super, they would have drafted him, dirty little secret or no.
Idiotic. Manningham dropped because he's slow and undersized.
Obviously written by a UMich fanboy. "Manning to Manningham marketing appeal"?? "Super" Mario will be lucky to see the field. He was drafted late because of a terrible combine performance, in which it turned out he was shorter than he had claimed (5'10" vs 6'), smaller than he had claimed (178 vs. 185), and slower than anyone expected (4.6 40). As far as character issues, admitting past marijuana use was only relevant insofar as it meant he had lied at his combine interviews (which should have been obvious anyway since he failed two tests). He was also arrested for having Vicodon prescribed to a teammate in his car, as well as a passenger in possession of weed. NFL teams are like a C&F committee, they don't care about past mistakes unless there's an ongoing pattern or those mistakes bely underlying serious character flaws, like shameless dishonety. Manningham is also an idiot: he scored a 6 on the wonderlic.
Hah. Watch Manningham play. He's a fantastic route-runner with very good hands. Plays like Marvin Harrison.
I don't buy this article's argument at all. First, three players drafted in the top ten last year all admitted to smoking weed in the past, including #2 pick Calvin Johnson and #4 pick Gaines Adams. Second, as pointed out by 2:30, Manningham had a whole series of other issues that hurt his draft stock, and weed was at the very bottom of that list. Teams don't avoid good players because they have past weed problems. Teams do avoid players who aren't bright enough to avoid positive jdrug tests and players who have issues with telling the truth when evidence of the lie is readily available.
THe Booze Industry is the primary sponsor of football on TV. Legalization of marijuana would cause losses of billions for the booze industry.
2 + 2 == 4