The New Zealand Sports Drug Agency (NZSD) and Touch New Zealand (Touch NZ) have reported an anti-doping rule violation against the Respondent after his sample tested positive for the prohibited substance Cannabis.
Touch NZ notified the Respondent and ordered a provisional suspension. Respondent filed a statement in his defence and was heard for the Tribunal.
The Respondent admitted his doping infraction and stated his use was unrelated to his sport activity. He told the Tribunal that he smoked Cannabis on one occasion before the competition in order to alleviate significant and continuous stresses in his life, the full details of which he provided in written form to the Tribunal and confirmed orally during the hearing. Respondent’s statements were endorsed in submissions made on Respondent’s behalf by his uncle.
The Tribunal notes that there were strong mitigating factors in Respondent’s case, but an aggravating factor in the case was the fact the Respondent had only very recently signed Player Participation Agreements with Touch NZ. In these agreements the athletes undertook to abide by all drug/doping rules and regulations, including those provided by the International Federation, WADA, the International Olympic Committee and the New Zealand Sports Drug Agency.
The Tribunal notes that although it was fashionable in some circles to debate whether cannabis should be a prohibited substance, this did not form part of the Tribunal’s decision making.
The Sports Disputes Tribunal of New Zealand decides to impose a 1 month period of ineligibility, a severe warning and a strong reprimand on the Respondent.
