Facts
The International Equestrian Federation (FEI) charges Jose Henrique Fernandes Pereira (the athlete) for a violation of the Anti-Doping Rules. Jose Henrique Fernandes Pereira (the "Athlete") participated at the CDI in Arruda Dos Vinhos, POR (the "Event"), from 11 to 13 December 2009. On 12 December 2009, the Athlete was selected for in-competition testing. His sample tested positive on cannabinoids, metabolites of cannabis. Cannabis is a prohibited substance on the WADA 2009 prohibited list. Cannabinoids are classified as "Specified Substances" on the Prohibited List and are therefore treated differently than other Prohibited Substance categories. Following an error of communication, on 18 February 2010, the analysis of the B-Sample took place. Whereas the Athlete had not been officially notified of the positive test result by the FEI at the time of the B-Sample analysis.
History
The athlete was invited to a friend's birthday party in Viana do Castelo, Portugal in early December 2009 and participated in smoking a cannabis cigarette that was passed around and smoked by others. The Athlete mentioned that he was tempted to join by an environment of others that smoked on that
occasion, although he does not have the habit of using any kind of drugs. The decision to smoke cannabis during was "an isolated act, adopted in a friendship environment". The Athlete argued that Cannabinoids do not have performance enhancing effects.
Decision
1. The Athlete shall be suspended for a period of three (3) months to be effective immediately and without further notice from the date of the notification.
2. The Athlete is fined CHF 2,000.-.
Costs
The Athlete shall contribute CHF 1,500.- towards the legal costs of the legal procedure.
