Get caught using marijuana, get a promotion.
According to a Yahoo! Sports report, major league teams can protect their top minor-league prospects from serving suspensions for marijuana use by placing them on the 40-man roster.
Once a player is placed on the 40-man roster — which consists of players with major-league contracts who are on an “optional assignment” to the minor leagues, as well as the players who are on the 25-man roster — he is shielded from being suspended, thanks to Major League Baseball’s lax policy that does not suspend big leaguers for marijuana.
One minor league player, suspended for 50 games after testing positive for marijuana for a second time, is quoted in the report saying he had no reason to cut back on his marijuana usage.
“I’ll just smoke my way onto the 40-man,” the player said.
Major league teams can use this strategy to protect players who have been busted, or pre-emptively in the case of players who might be at risk. In 2010, the Milwaukee Brewers placed pitcher Jeremy Jeffress on their 40-man roster after he was docked 50 and 100 games for marijuana use.
The Houston Astros placed prospect Jonathan Singleton on their 40-man roster earlier this season after he admitted to the Associated Press he was a “marijuana addict.”
Minor league rules are more stringent because Major League Baseball can impose the penalty without fear of upsetting the union, which only protects major league players. The union has not decided to change its penalties to include suspensions for marijuana use.
Currently, one positive test leads to league medical personnel evaluating the player. Should a player test positive a second time, a treatment program is mandated, and the player is subjected to more testing, usually once a week for an entire year.
Further positive tests give the league the authority to fine a player up to $35,000. According to a letter obtained by Yahoo! Sports, Commissioner Bud Selig has threatened at least one habitual user with this penalty.
“The penalties for marijuana use under the minor league drug program, which is not subject to bargaining with the players association, are more stringent than the Major League Joint Drug Program,” MLB executive vice president of labor relations Dan Halem told Yahoo! Sports. “However, major league players who are in a treatment program as a result of their marijuana use in the minor leagues may be subject to discipline, including fines and suspensions, if they do not comply with their treatment programs.
“We would be extremely surprised if a club made a promotion decision based on the differences in the programs.”