From Albert Breer's Twitter feed:

Union chief DeMaurice Smith on @1067thefandc in DC on Josh Gordon/Wes Welker: "If we get a deal done that covers players in this league year, I don't like that we punish players under a deal active in the old league year."

Basically, he said he'd want all players busted during the 2014 league year to be penalized under the new rules.

Worth mentioning that Josh Gordon's failed drug test reportedly came in the 2013 league year. So he wouldn't necessarily be off the hook.