Marijuana

Will Sha’Carri Richardson’s Suspension Help Marijuana Legalization Over the Finish Line?

Since 1971, the United States has spent -- wasted -- $3 trillion enforcing its antiquated, racist drug policy.

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The Olympics logo (photo by David Lat).

Last month, American sprinter Sha’Carri Richardson was suspended for 30 days over a positive marijuana test after her victory in the 100-meter finals at the Olympic trials. Although Richardson’s suspension will be over when the Olympic track and field event begins, her positive test disqualified her from the competition.

Richardson’s suspension sparked a deluge of sympathy, including from Reps. Alexandria Ocasio-Cortez (D-NY) and Jamie Raskin (D-MD), who issued a joint letter to the U.S. Anti-Doping Agency (USADA), criticizing the harsh penalty against Richardson, calling the ban “a significant and unnecessary burden on athletes’ civil liberties,” and describing the World Anti-Doping Agency (WADA)’s rules as “antiquated” given the more permissive attitude regarding marijuana, which is legal in 19 U.S. states and, in some form, also legal in at least 35 countries around the world.

In their response letter to Ocasio-Cortez and Raskin, USADA recognized that WADA’s rules pertaining to marijuana must change but explained its lack of authority to revise these rules.

According to their letter, USADA has advocated for more flexible and fair rules to address the use of marijuana by athletes during the comment phase of the WADA rule-making process. Yet, even if it disagrees with the severity of punishment for athletes who test positive for marijuana, USADA is required to enforce them as a signatory of the WADA Code.

Despite its lack of authority to unilaterally amend the WADA rules, USADA stated it will continue to advocate for rule changes that would further mitigate “harsh consequences” for marijuana if not intentionally used to enhance performance. In its letter, USADA refers to a recent rule adopted by the Ultimate Fighting Championship (UFC) that does not penalize marijuana use if not intended to enhance performance. This recent change to the UFC’s anti-doping program, which is overseen by USADA, was feasible because the league is not a signatory of the international anti-doping code in the same manner USADA and other organizations that oversee Olympic athletes are.

In its response, USADA also reminded Ocasio-Cortez and Raskin that “most governments in the world have been reluctant to take marijuana off the prohibited list for public health reasons” and that the U.S. government was in fact one of the strongest advocates for the inclusion of marijuana on WADA’s prohibited list published in 2004.

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USADA’s message to the members of Congress is the most powerful statement it has made since Richardson’s suspension and suggests a paradigm shift in the organization’s views on the recreational use of marijuana by athletes. But before USADA can meaningfully influence other international sports governing bodies, the U.S. government will need to shift its position on the cannabis plant. Specifically, the U.S. will need to reframe decades of bad policy and serious injustice by enacting and implementing comprehensive cannabis reforms that will end cannabis prohibition and promote social justice, including decriminalizing possession, expunging criminal records, and reinvesting in the communities negatively impacted by the War on Drugs –- communities of colors have been disproportionately hit by the failed War on Drugs.

In fact, there has never been a more critical time to federally legalize marijuana as we recover from the devastating impact of the pandemic. Data consistently shows that the cannabis industry is one of the most powerful catalysts to economic recovery. According to a 2021 jobs report published by Leafly, the legal cannabis industry currently supports 321,000 full-time jobs — 77,300 full-time jobs were created this past year, despite being the worst year for economic growth since World War II — and generated $18.3 billion in legal cannabis sales. In addition, the industry brought in more than $3 billion in state and local tax revenue. These numbers are especially meaningful in light of the fact that since 1971, the United States has spent — wasted — $3 trillion enforcing its antiquated, racist drug policy and roughly $182 billion each year on mass incarceration costs.

It is undeniable that Richardson’s heartbreaking suspension from the Olympic Games is a reminder of where we are as a nation and as a world leader. As long as the U.S. continues to consider marijuana an illegal drug, we, as a country, will perpetuate discriminatory practices, continue to ruin lives, and waste time and money fighting battles against our own interest. All I hope is that highly publicized incidents like Richardson’s disproportionate punishment will bring forth a few more rational arguments into this debate for federal legalization and help us cross to the finish line.

Nathalie practices out of Harris Bricken’s Portland office and focuses on the regulatory framework of hemp-derived CBD (“hemp CBD”) products. She is an authority on FDA enforcement, Food, Drug & Cosmetic Act and other laws and regulations surrounding hemp and hemp CBD products. She also advises domestic and international clients on the sale, distribution, marketing, labeling, importation and exportation of these products. Nathalie frequently speaks on these issues and has made national media appearances, including on NPR’s Marketplace. For two consecutive years, Nathalie has been selected as a “Rising Star” by Super Lawyers Magazine, an honor bestowed on only 2.5% of eligible Oregon attorneys.  Nathalie is also a regular contributor to her firm’s Canna Law Blog.

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