Browns' Gordon to use second-hand smoke as defense

Cleveland Browns wide receiver Josh Gordon (12) celebrates with fans after catching a pass for a...

Cleveland Browns wide receiver Josh Gordon (12) celebrates with fans after catching a pass for a touchdown during the third quarter against the Buffalo Bills at FirstEnergy Stadium on Oct 3, 2013 in Cleveland, OH, USA. (Andrew Weber/USA TODAY Sports)

REUTERS

, Last Updated: 6:43 PM ET

Cleveland Browns wide receiver Josh Gordon and his attorney will argue in an appeal to the NFL on Friday that second-hand smoke resulted in a failed drug test.

Gordon is working with Maurice Suh, the lawyer who assisted Seattle Seahawks cornerback Richard Sherman in his case against the NFL in 2012. Sherman's four-game suspension was waived.

Gordon is facing a one-year suspension for violating the NFL's substance abuse policy for a third time. If the suspension is upheld, he will not be able to apply for reinstatement until one year has passed.

According to ESPN.com, Gordon was just over the threshold with his failed test with one of his samples. A second sample was more than a nonogram per milliliter below the cutoff line. His legal team plans to call witnesses to testify that the scores are an indication of second-hand smoke.

ProFootballTalk.com reported that Gordon has passed 70 or more drug tests since last year when he entered Stage II of the NFL's drug program.

Gordon missed the first two games of the 2013 season after a positive test for a banned substance, which he said was codeine from cough syrup.

Gordon's July 5 arrest in North Carolina for DWI will have no impact on his appeal Friday, according to ESPN.com.


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