CENTENNIAL, Colo. — 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.
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.
The former Bronco is also seeking damages “including, but not limited to, repayment of the monetary fines that Mr. Gregory was required to pay including interest to the fullest extent permitted by law in an amount to be determined at trial.”
Peter Schaffer, Gregory’s agent who negotiated what turned out to be a two-year, $28 million deal with the Broncos prior to the 2022 season, told 9NEWS, “This has nothing to do with the Broncos. They have done nothing wrong. This is all about the NFL.’’
Only the NFL levied the fines, Schaffer explained. But because the Broncos were Gregory’s employer, they had to be listed in the lawsuit to cover all legal bases.
“Really what this is all about is a player’s right – not just a player’s right but a citizen’s right – to take the medicine that a doctor has prescribed for him,’’ Schaffer said. “This is about a player’s right to treat his disability at the direction of his treating physician. Anybody else in the state can do it.
“The interesting part is players can’t be suspended for (THC substance) anymore. So why fine them? If they truly thought this was dangerous then they would suspend them. They’re just fining them.''
No matter how compelling the argument, though, lawsuits against the NFL are rarely heard, much less won, because the league has antitrust protections. Courts often direct cases to the league's independent arbitration system that frustrates attorneys because it's independence is questionable.
A Broncos spokesman declined to comment and referred questions about the NFL’s substance abuse policy to the league office.
In the complaint filed late Wednesday night in Arapahoe County District Court and first reported by Business Denver, Gregory's attorney Spencer Kontnik, stated:
“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%).
“Mr. Gregory requested an accommodation from the NFL and Broncos to consume Dronabinol to treat his disabilities. Specifically, Mr. Gregory sought to consume Dronabinol, which is synthetic cannabis, at the direction of his treating physician during non-work hours. The NFL and the Broncos denied his request noting that THC is a federally controlled substance.
“Since requesting an accommodation, Mr. Gregory has paid $532,500 in penalties to the NFL for consuming THC to treat his disabilities. Regardless of a positive test, Mr. Gregory is expected to play in every game, attend practice, attend media sessions, and fulfil his job responsibilities. In other words, he cannot be suspended for a positive test alone. Significantly, the NFL and the Broncos profited from Mr. Gregory’s continued employment.
“Mr. Gregory has been diagnosed with Social Anxiety Disorder and Post-Traumatic Stress Disorder (“PTSD”). He further experiences ongoing physical pain due to many injuries that he sustained during his life-long commitment to becoming a professional football player. Mr. Gregory’s disabilities have historically had a negative impact on his life.
“Mr. Gregory’s job exacerbates the symptoms of his disabilities, and in turn, his disabilities negatively impact his ability to perform his responsibilities as a professional football player, both on and off the field.
“Specifically, 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. ...
"Mr. Gregory is entitled to the full protection of Colorado anti-discrimination laws.
“Mr. Gregory is entitled to damages including, but not limited to, repayment of the monetary fines that Mr. Gregory was required to pay including interest to the fullest extent permitted by law in an amount to be determined at trial.
“Mr. Gregory is entitled to damages and relief to the fullest extent permitted by law in an amount to be determined at trial.”
Before the NFL and players union reached a new collective bargaining agreement in March 2020 that included a more lenient marijuana policy, Gregory, 31, was oft-suspended under the league’s old drug policy. The Dallas Cowboys selected Gregory out of Nebraska in the second round of the 2015 draft but he was suspended twice in 2016 under the NFL’s substance abuse policy and all of 2017.
He was suspended again for all of 2019 because of substance policy violations but after the league policies became less restrictive, Gregory rebounded to have two solid seasons for the Cowboys in 2021-22.
That led to free agency and a five-year, $70 million contract with the Broncos, although only the first two years and $28 million were guaranteed. Gregory played well early for the Broncos, garnering 2.0 sacks in his first three games in 2022, but he then suffered a knee injury in game 4 that essentially damaged his season.
New head coach Sean Payton did not warm up to Gregory in 2023 and after five games he was traded in lieu of a release to the San Francisco 49ers. Gregory was a steady backup player for the 49ers, helping them reach the Super Bowl.
A free agent again in March, Gregory signed a one-year, $3 million contract with Tampa Bay.
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