"What's Baked Within WADA’s 'Spirit of Sport' Criterion? Unpacking the Framework that Keeps Cannabis on the Prohibited Substance List"

I continue to be excited to post some the latest papers from the on-going series of student papers supported by the Drug Enforcement and Policy Center in order to highlight great work by OSU law students and recent graduates on many important and cutting-edge topics. The title of this post is the title of this new paper authored by Lily Dickson, who is in her final year as a student at The Ohio State University Moritz College of Law. Here is its abstract:

The world is struggling to conceptualize a standard approach to cannabis policy.  Some states ban cannabis entirely, some states allow it for medical use, others fully legalize it.  At the same time, more and more athletes are coming forward about their experience with cannabis and its benefits.  WADA is the primary international source of power over both drug regulation and athletic federations.  Thus, WADA has the unique potential to develop a standardized approach to cannabis that can be applied consistently across all sports and countries. Despite WADA’s potential to use the “universal language” of sports for change, cannabis policy in sports is currently stagnant due to WADA’s presence in the conversation.  One obstacle to meaningful dialogue between athletic federations regarding cannabis use in sport first lies with WADA’s framework.  For a substance or method to be added to WADA’s Prohibited Substance List, it must meet at least two of the following three criteria: (1) it has the potential to enhance sports performance, (2) it represents an actual or potential health risk to athletes, or (3) it violates the Spirit of Sport.  Currently, the Spirit of Sport criterion is invoked as a catch-all. As opposed to the first two criteria, “the spirit of sport” it is inherently subjective.  As a result, it can have a significant impact on the way that anti-doping policies related to cannabis use are developed and enforced.  This paper suggests that WADA would be better equipped to approach the cannabis problem after (1) procedural change within WADA’s leadership structure to allow consideration of the changing legal and social context of cannabis use and (2) philosophical change to the principles underlying the Spirit of Sport criterion with the procedural changes in place.