After hiring attorney Maurice Suh to defend him, Josh Gordon’s plan of action for Friday’s appeal has become clear. Gordon plans to argue that his positive drug test was the result of secondhand marijuana smoke.
Josh Gordon Hires High-Profile Attorney
Gordon’s defense team plans to argue that the positive tests are marginal enough that it was barley a positive test at all. Marginal positives are often with case due to secondhand smoke and could become an argument that carries some weight for Gordon.
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According to ESPN, two samples are submitted for the drug test and they come from the same specimen. Only one of the two samples tested positive, thus adding to Gordon’s defense.
“Gordon's "A" sample tested at 16 nanograms per milliliter, a bare one nanogram per milliliter above the 15-nanogram-per-milliliter threshold, while Gordon's "B" sample -- which should theoretically be consistent with the "A" sample, as it comes from the exact same specimen -- tested at 13.63 ng/ml, lower than the threshold.
With both samples coming from the same specimen test, the results should be consistent. Gordon's attorneys do not believe their client should be suspended for a year for differing disputed test results, especially when only one was barely higher than the threshold, sources said.”
Suh’s defense will also take into account that Gordon has been subjected to over 70 drug tests and only registered one positive in which the "A" and "B" samples did not match.
Gordon’s appeal is set for Friday and he faces a one-year suspension for his off the field issues from the previous few months. Gordon was suspended for the first two games of the 2013 season after other run-ins with the police.
[ESPN]
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