NFL, Broncos, seek to move Randy Gregory lawsuit over THC use to federal court

Randy Gregory
Doug Murray/AP
FILE – Denver Broncos linebacker Randy Gregory walks off the field at the the end of the first half of an NFL football game against the Miami Dolphins, Sunday, Sept. 24, 2023, in Miami Gardens, Fla.

Randy Gregory, a former defensive end for the Denver Broncos, is suing the National Football League and the Broncos, claiming that he is unlawfully prohibited from using medicines with THC, the psychoactive chemical in marijuana he says could alleviate pain from injuries and treat his psychological conditions.

The Broncos and the NFL are fighting to move the case to federal court. It was originally filed in Arapahoe County in June, but attorneys for the NFL and Broncos filed a notice of removal to federal court last week, and a scheduling conference is set for Aug. 21 in front of Chief Magistrate Judge Michael E. Hegarty.

“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,” reads the lawsuit.

THC is, however, a banned substance by the NFL, and the lawsuit notes that there are escalating penalties for players who test positive for THC. If he were to take his medication as prescribed, he could face fines of up to 75 percent of his salary. The lawsuit says that Gregory has already been fined more than $500,000 for positive tests for THC.

The lawsuit says that Gregory suffers from Social Anxiety Disorder and PTSD along with physical injuries from a career in pro football. He originally filed a charge of discrimination with the Colorado Civil Rights Division last year, and was issued a “Notice of Right to Sue.” 

“Mr. Gregory’s disabilities directly affect his ability to focus and perform in stressful and high-pressure situations, study the playbook and film, interact with coaches and teammates, and engage with the media. The medication Dronabinol prescribed by his physician is the best treatment option for Mr. Gregory.”

Gregory’s attorneys argue that the ban on THC infringes on his rights under Colorado’s anti-discrimination laws and that the NFL and the Broncos have not engaged with Gregory in good faith to figure out a way forward for the defensive end.

Requests for comment from Gregory’s attorneys, the NFL, and the Broncos were not immediately returned.

Gregory was drafted in the second round by the Dallas Cowboys in 2015, after falling from first-round consideration when he tested positive for THC at the scouting combine. After a long history of fines and suspensions for positive marijuana tests while with the Cowboys, he played one season in Denver in 2022, and a partial season in 2023. 

The Broncos traded him to San Francisco last year and he appeared in the most recent Super Bowl, recording one tackle in the loss to the Kansas City Chiefs. He signed in April with the Tampa Bay Buccaneers but was the only player on that team who failed to report to training camp today.