Selection Sunday marked the start of the NCAA Division I basketball tournaments this week and this year “March Madness” comes with a lessened degree of “Reefer Madness”. Since the 2024 March Madness season, the National Collegiate Athletic Association (NCAA) has made a clear departure from its former position on cannabis. Last June the NCAA voted to remove cannabis from the banned drug class for NCAA championships and postseason football.[1] At the same time the growing popularity of low-does THC beverages and an increase in state legalization provide fans more of an opportunity to include cannabis in their experience.
NCAA’s Relaxation of Cannabis Restrictions
While college athletes must comply with their own schools’ policies on drug use and testing in addition to the NCAA’s, historically, the NCAA’s penalties have been must harsher. For example, during the 2014 NCAA Tournament, University of Michigan star forward Mitch McGary learned he would be suspended for the upcoming 2014–15 season as a result of a positive marijuana test. Rather than sit out the season, McGary declared for the NBA Draft and joined the Oklahoma City Thunder.[2]
In 2019 the NCAA increased the amount of THC that athletes could test positive for, but players were still suspended for multiple games and important championships due to cannabis usage.[3] The decision taken last June by the NCAA applied retroactively, so college athletes suspended due to marijuana usage were allowed to re-join their teams.[4]
In announcing their decision, the NCAA took the position that marijuana was not comparable to a performance enhancement drug and its usage was most similar to alcohol. It also stated that the goal in making the decision was the consideration of student athletes’ health.[5] Notably, the NCAA’s policy change came after the NBA removed marijuana from the league’s drug-testing program in 2023.[6]
Growth in Permissible Cannabis Consumption
In the same month that the NCAA announced the removal of cannabis from the banned drug class, the Portland Pickles became the first professional sports club to legally sell THC-infused beverages at baseball games. The Pickles partnered with Cycling Frog to introduce two different flavors (Passionfruit & Lemon) of THC seltzers, each of which contained two milligrams of THC and four milligrams of CBD per can.[7] While Walker Stadium (the home of the Pickles) is currently the only major league sports arena to allow the sale of THC beverages, though Wrigley Field has been offering CBD drinks since 2023[8]. Perhaps THC beverages will be available soon for professional and college basketball games.
Outside of the official venues, several of the states where NCAA tournaments will be hosted this season, such as Colorado, California, New Jersey, and Washington, allow for both medical and recreational cannabis sales. Fans attending games in Kansas, Wisconsin, Georgia, North Carolina, Ohio, or the men’s final four in Texas will likely find plenty of options for hemp derived THC beverages, some of these states and local jurisdiction permitting on-site consumption at bars and restaurants. Las Vegas, a state with both medical and recreational legal marijuana markets and a traditional destination for fans during the tournament week, has experienced a growth in cannabis lounges for both THC cocktails and general consumption over the last year.[9]
The NCAA’s relaxed position on cannabis allows athletes to fully benefit from some of the recreational, recovery and wellness benefits of various cannabis products and avoid key player suspensions or disqualifications. At the same time THC beverages and other cannabis products are growing in availability and popularity in sports spectatorship. These changes together mark a notable shift in attitudes towards cannabis consumption.
The legal landscape surrounding these products is evolving rapidly with pending legislation in multiple states. The Husch Blackwell team actively monitors these developments. If you have any questions reach out to Alyssa Samuel, Alexandria Pontious, or your Husch Blackwell attorney.
[1] https://apnews.com/article/ncaa-football-cannabis-penalties-483a92f7003c6afbbb570334c09d40c1
[2] https://www.nytimes.com/athletic/5591752/2024/06/25/ncaa-cannabinoids-banned-drugs-football/?redirected=1
[3] https://www.nytimes.com/athletic/5591752/2024/06/25/ncaa-cannabinoids-banned-drugs-football/?redirected=1
[4] https://www.marijuanamoment.net/ncaa-votes-to-remove-marijuana-from-banned-substances-list-for-college-athletes/
[5] https://www.marijuanamoment.net/ncaa-votes-to-remove-marijuana-from-banned-substances-list-for-college-athletes/
[6] https://www.nytimes.com/athletic/5591752/2024/06/25/ncaa-cannabinoids-banned-drugs-football/?redirected=1
[7] https://www.forbes.com/sites/maurybrown/2024/06/18/portland-pickles-become-first-pro-sports-club-to-legally-sell-thc-infused-drinks-at-ballgames/
[8] https://www.mlb.com/press-release/press-release-chicago-cubs-announce-mynd-drinks-as-official-cbc-partner
[9] https://vegas.eater.com/2024/2/23/24081428/nevada-first-marijuana-consumption-lounge-open-legal-tourists-smoke-las-vegas