Report: Josh Gordon 'barely' failed drug test, will argue 2nd-hand smoke

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Winning an appeal against the NFL isn't impossible, Seahawks cornerback Richard Sherman did it in 2012. Sherman had a four-game suspension reduced to nothing. 

Browns wide receiver Josh Gordon will try to win his own appeal on Friday and he'll be doing it with the same lawyer who helped Sherman win his case: Maurice Suh. Gordon began working with Suh in early July, according to

During his appeal, Gordon will argue that his failed drug test was a result of second-hand smoke. Gordon's failed test came out at 16 nanograms per milliliter, just one nanogram above the NFL's threshold of 15 nanograms per milliliter. 

Gordon's drug test consisted of two samples. The 'A' sample was the one that failed, while a second 'B' sample passed the NFL's drug threshold, measuring at 13.63 ng/ml. The discrepancy will also play apart in Gordon's argument because both the 'A' sample and 'B' sample came from the same specimen, meaning they should have tested out to almost the same number. 

According to, Gordon has passed at least 70 drug tests since being entered into Stage III of the NFL's drug program last year. Gordon was suspended for the first two games of 2013 after allegedly using cough syrup that contained codeine, a banned substance.

Gordon is facing a potential one year suspension from the NFL. The Brown receiver could also end up facing punishment for his DWI arrest on July 5. However, that arrest will have no bearing on his appeal, which is scheduled for Friday. 

Josh Gordon is blaming second-hand smoke for his failed drug test. (USATSI)
Josh Gordon is blaming second-hand smoke for his failed drug test. (USATSI)
CBS Sports Writer

John Breech has been at CBS Sports since July 2011 and currently spends most of his time writing about the NFL. He's believed to be one of only three people in the world who thinks that Andy Dalton will... Full Bio

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