Randy Gregory #5 of the Denver Broncos.
Former Denver Broncos pass rusher Randy Gregory is taking legal action. Gregory is suing the organization and the league over claims he was wrongly fined during his tenure.
“Former Broncos outside linebacker Randy Gregory has sued the National Football League and the Denver Broncos under Colorado’s Anti-Discrimination Act and requested a jury to decide the matter,” 9News’ Mike Klis wrote on June 6. “Gregory is seeking repayment of $532,500 in fines the league levied against him for taking what his attorneys said was a doctor-prescribed THC called Dronabinol (synthetic cannabis) to treat his social anxiety disorder and post-traumatic stress disorder, or PTSD.”
Gregory signed a five-year, $69.5 million contract with the Broncos in 2022. He only appeared in 10 games with six starts across one-plus season. The Broncos traded him to the San Francisco 49ers last season.
The 31-year-old Gregory signed with the Tampa Bay Buccaneers in free agency this offseason.
Randy Gregory, on moving on from Denver to the 49ers: “My time in Denver, I really enjoyed it. … So, nothing bad I can honestly say about that. But business is business, and the league is what it is. It was something that needed to be done — probably on both sides.”
He entered the league as the No. 60 overall pick of the 2015 draft by the Dallas Cowboys. Gregory’s off-field troubles followed him earlier in his career, with Gregory being suspended multiple times.
Randy Gregory’s Issue With NFL, Not Broncos
GettyRandy Gregory #5 of the Denver Broncos.
Denver represented a fresh start for Gregory. His agent, Peter Shaffer, insists the matter is not about the Broncos. It is about the league since it levied the fines.
As his employer at the time, though, the Broncos are named to “cover all legal bases.”
“This is a serious effort by Randy to push the NFL forward on alternative methods for pain management options,” Schaffer said, per The Denver Post’s Parker Gabriel on June 6. “If a doctor prescribes hydrocodone, that’s completely legal and much worse for the player, yet the player doesn’t get suspended or fined. Randy’s not trying to buck the system, but he’s paying $500,000 in fines for something that anybody else in the state of Colorado can do. All we want is reasonable accommodation to allow Randy to treat his disabilities at the direction of his treating physician.”
Shaffer also pointed to the league’s altered stance on THC as a banned substance.
“The NFL reworked its policy in 2021 so players would no longer be drug tested for THC during the offseason from April to August. The testing period was also reduced, so players would only be tested for THC between the start of training camp and the first preseason game,” High Times’ Keegan Williams wrote in January.
Players also have a higher threshold, going from 35 nanograms per milliliter (ng/ml) to 150 ng/ml. They will not be suspended as long as they never cross that threshold in a test. They now undergo a medical review to consider their need and potential treatment options instead.
“Only players who don’t follow the proposed medical treatment are fined and moved to stage two,” Williams wrote. “Further failure to comply could lead to suspension.”
Randy Gregory’s Lawsuit Ties Into Broader Legal Issue
GettyRandy Gregory #5 of the Denver Broncos.
Gregory previously filed a pair of claims with the Colorado Civil Rights Division, per Courthouse News Service’s Amanda Pampuro on June 6. Gregory’s attorney, Spencer Kontnik laid bare their claims of discrimination. In total, they filed a 14-page affidavit in Arapahoe County on June 5.
He says the NFL is taking money from Gregory, who is just following the advice of his doctors:
This is a disability, employment discrimination lawsuit. Randy Gregory is a husband and father. His job is playing linebacker in the NFL. He is also an individual living with multiple diagnosed disabilities which require ongoing, monitored treatment. Mr. Gregory’s treating physician prescribed Dronabinol, which is an FDA-approved THC (synthetic cannabis) to treat his disabilities. Dronabinol was an alternative to opioids and benzodiazepines, which are fraught with significant side effects and addiction issues. However, THC is a banned substance in the NFL and testing positive equates to escalating monetary penalties: the first positive test is a penalty of half (1/2) of a week’s salary and the fourth positive test, and each positive test thereafter is a penalty of three (3) weeks salary. Thus, if Mr. Gregory takes his medication as prescribed, he is fined seventy-five percent (75%) of his salary and earns twenty-five percent (25%).
– Spencer Kontnik of Kontnik Cohen
More than just for the NFL, Gregory’s specific medication has been a subject of consternation for the legal system.
“The Drug Enforcement Agency currently ranks Dronabinol as a Schedule II substance. Despite federal classification of cannabis as a Schedule I drug, the substance has been legal in Colorado for medicinal use since 2000,” Pampuro wrote. “In April, the U.S. Department of Justice announced it would reclassify the drug as a less restrictive Schedule III substance.”
This matter is expected to be handled at the league level.
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Former Broncos Pass Rusher Suing Franchise, NFL in Newly-Filed Lawsuit: Report