Josh Hamilton Avoids Suspension for Alleged Drug Relapse
When reports emerged in February alleging that Josh Hamilton had suffered a drug relapse, it appeared likely that he would be subject to a suspension under Major League Baseball’s Joint Drug Agreement (JDA). Because Hamilton had previously violated the JDA on at least four occasions, I wrote at the time that he would likely be treated as a five-time violator under the rules, subject to a suspension to be determined by the commissioner. That analysis was based on the assumption that Hamilton’s alleged relapse violated the terms of his individual drug treatment program.
MLB announced today, however, that an arbitrator has ruled that Hamilton did not violate his treatment program:
MLB issued the following statement today regarding Los Angeles Angels outfielder Josh Hamilton: pic.twitter.com/FSDjHF4TyZ
— MLB Communications (@MLB_PR) April 3, 2015
Without having access to each side’s arbitration papers, it is difficult to know why the arbitrator ruled in Hamilton’s favor. One possibility, though, is that Hamilton’s individual treatment program was written in such a way that only a failed drug test would count as a violation. And because Hamilton allegedly self-reported his relapse, he was never tested, thus potentially explaining why the arbitrator ruled in his favor. This might also explain MLB’s stated displeasure with the arbitrator’s decision, and its vow to address the issue via collective bargaining.
Alternatively, it is also possible that the arbitrator determined that considering Hamilton self-reported the violation, and has generally remained clean for the last decade, this single relapse shouldn’t trigger a suspension under the JDA.
On a different note, MLB’s statement regarding the Hamilton arbitration decision could itself have arguably violated MLB’s JDA. Under Section 5 of the JDA, information related to a player’s case is generally considered confidential. This explicitly includes the decision of an arbitration panel. While MLB is allowed decide not to press the matter.
Regardless, the long and the short of it is that Commissioner Manfred will not be able to suspend Hamilton for his alleged drug relapse this past off-season. As a result, Hamilton will be free to return to the Angels once his current injury heals. And the Angels will not be able to avoid paying him any of the more than $75 million owed under his contract.
In the meantime, you can add another item to the growing list of issues for MLB and the players union to resolve in the next round of collective bargaining.


