At whatever level, illegal drug use inevitably involves contact with criminals. In the sports world, this connection will just as inevitably involve gambling. . . . The knowledge that a player . . . uses drugs is a fact which illegal gamblers clearly want to know. Drug dealers who supply Baseball personnel can dilute a drug or combine it with other substances so as to affect performance and could ultimately place the user in a position of dependence upon both the drug and its source of supply. The results, of course, could be devastating.44
Finally, and perhaps most important, the illegal use in baseball of steroids and
other performance enhancing substances victimizes the majority of players who do not use those
substances. A September 2000 study by the National Center on Addiction and Substance Abuse
Clean' athletes face three choices: (1) compete without performance-enhancing substances, knowing that they may lose to competitors with fewer scruples; (2) abandon their quest because they are unwilling to use performance-enhancing substances to achieve a decisive competitive advantage; or (3) use performance-enhancing substances to level the playing field.45
We heard from many former players who believed it was grossly unfair that some players were
using performance enhancing substances to gain an advantage. One former player told us that
one of the "biggest complaints" among players was that a "guy is using steroids and he is taking
Another former player noted the unfairness, until 2004, that arose from the fact
that minor league players were subject to mandatory random testing while players who were on
the 40-man rosters of major league clubs were exempt (even if playing in the minor leagues):
"Forty man [roster] guys already have all of the [major league] club advantages, and then they
could use steroids . . . it was not a level playing field."
44 Memorandum from Commissioner Peter V. Ueberroth to All Clubs Re: Baseball's Drug Education & Prevention Program, dated May 14, 1985, at 1.
45 National Center on Addiction and Substance Abuse at Columbia University, Winning at Any Cost, at 3 (Sept. 2000).