Josh Gordon’s legal team has devised their defense plan, and it seems as though they might have a strong case.
ESPN’s Adam Schefter reports that the suspended wide receiver’s attorneys will argue Friday at a hearing that their client tested positive in a drug test because of second-hand marijuana smoke.
But is it even possible to get a positive test from second-hand smoke?
The answer to that is only if you’re in the NFL, where the threshold for a positive marijuana test is just 15 nanograms-per-milliliter.
The threshold for a positive test at most workplaces including the U.S. military is 50 ng/mL, and for the Olympic games it’s at 150 ng/mL.
Gordon would’ve been innocent in those cases because his positive tests were marginal compared to those standards. His attorneys argue that second-hand smoke resulted in a low test level and they plan to bring witnesses that will testify for Gordon.
Speaking of the wide receiver’s tests, the defense team is arguing that the two samples produced from the test garnered inconsistent results. Gordon’s “A” sample tested at 16 ng/mL — which is above the NFL’s threshold of 15 ng/mL for a positive test. However, his “B” sample tested at 13.63 ng/mL.
Theoretically, the two samples should be equal because the test came from the exact same specimen.
So as Friday’s hearing with Roger Goodell nears, Gordon has to feel confident with getting his one-year ban mitigated.