Report: Josh Gordon’s Appeal Is Focused On Disparity Between Drug Samples

Mike Florio of Pro Football Talk reports that Josh Gordon‘s appeal is centered around the fact that his drug samples produced both a positive and a negative result.

According to Florio, “A” testing sample was “barely above the limit” and his “B” sample was actually “below the limit.”

Gordon negotiated a two-game suspension last year for the use of cough syrup that contained codeine, which has left him in Stage III of the NFL program and requires him to pass up 10 drug tests a month.

Florio mentions that, had the samples been tested in reverse order, Gordon wouldn’t be facing a suspension at all.

“But because the “A” bottle was labeled “A” and not “B” and because the “B” bottle was labeled “B” and not “A”, the end result is a positive and a minimum one-year banishment from the NFL,” Florio writes. “Flip the bottles when it’s time to apply the labels, and Gordon isn’t facing a suspension.”

There has been some speculation that Gordon could receive a reduced suspension, but it’s hard to say if this will be enough to help Gordon’s case.

Gordon is facing a possible year-long suspension for an alleged failure of a marijuana test, and was arrested for DWI not too long ago.

Maurice Suh, the attorney known for helping helping Seahawks CB Richard Sherman win his suspension appeal in December of 2012, has been hired to oversee Gordon’s case.

The Browns have maintained that they have no intention of releasing Gordon and are committed to helping him get the help he needs to turn things around.

Gordon is still only 23 years old, and incredibly talented.  Even if he were to receive a full year suspension, he would return to the league as a 24-year old, presumably with one less year of wear and tear.

Last year, Gordon caught 87 receptions for 1,646 yards receiving and and nine touchdowns over the course of 14 games.