Facing a season-long suspension for failing a drug test for at least the third time, NFL wide receiver Josh Gordon is planning a defense that blames his most recently failed drug test on a poor social circle, not actual drug use.
According to an article on ESPN.com, Gordon will use the low threshold for a positive result as an opening to argue that he didn't actually smoke marijuana, but was just around someone who did:
Gordon's legal team will argue that the positive tests are so marginal that they show uncertainty as to whether the test results were truly positive, and even if so, were the result of exposure to secondhand smoke, according to sources familiar with the case.
Gordon's legal team believes the marginal nature of his positive result, coupled with the fact that he only tested positive one time in the 70 times he was tested in his rookie year will make for a compelling reason to reduce or repeal the automatic one year suspension any player who tests positive at least three times faces.
NFL running back Ray Rice was recently suspended for two games over his involvement in a domestic assault incident. The league was criticized for the relative leniency if that suspension in comparison to the one Gordon now faces.
