If Matt Harvey can find a team willing to sign him, he could immediately be suspended for at least 60 days for saying that he provided opioids to Tyler Skaggs on several occasions, a Major League Baseball official told ESPN on Wednesday.
Harvey’s admission in federal court Tuesday qualifies as distribution under MLB’s drug policy, the official told ESPN on the condition of anonymity.
Harvey, currently a free agent, would be able to appeal any suspension.
“Once the trial is complete, MLB will conduct a comprehensive review of the potential violations of our drug program,” MLB said in a statement.
Kay trial heads to jury Thursday as defense rests
MLB can’t take any action, however, until it reaches a new labor agreement with the players’ association.
Harvey received immunity from the government in order to testify, and may not be criminally prosecuted for anything he admitted to in court, unless he lied.
The other players who testified — C.J. Cron, Mike Morin, Cam Bedrosian and Blake Parker — testified to their own opioid use but did not say they ever distributed drugs to anyone else.
Under MLB’s drug policy, those players would not face suspensions, unless they previously violated the policy regarding drugs of abuse. Unlike players caught using performance-enhancing drugs, player using drugs of abuse like opioids or cocaine are referred to an evaluation treatment board for their first offense, and the violation is not made public. The board then develops a treatment plan that the player must follow.
The players testified Tuesday and Wednesday in the federal criminal trial of Eric Kay, the former Los Angeles Angels communications director. Kay faces two felony charges of distributing fentanyl and causing Skaggs’ drug-related death in July 2019. Both sides will give closing arguments Thursday.
With the exception of Parker, the players said Skaggs introduced them to Kay and said they could get oxycodone from him. Parker said he couldn’t recall who introduced him to Kay. The players went on to describe how Kay sometimes left pills for them in their lockers, and how some snorted or ingested the pills in the clubhouse.
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