Facts
The South African Institute for Drug-Free Sport (SAIDS) charges Lwandile Zino (the athlete) for a violation of the Anti-Doping Rules. The presence of a prohibited substance was detected in the Athlete’s sample. substance identified was cannabinoids metabolites, in a concentration of 66ng/ml (nanograms/millilitre), which is significantly above the permitted threshold of 15ng/ml.
History
The Athlete accepted the evidence relating to the presence and concentration level of the prohibited substance, but pleaded not guilty as it was argued that the presence of the prohibited substance cannabinoids was due to the inhalation of second hand smoke. The Athlete explained the circumstances relating to his living arrangements with his siblings who are chronic marijuana users that resulted in the inhalation of second hand smoke. The Athlete stated that he is a non-drinker and a non-smoker due to his profession. There was no intention to enhance his sport performance due to the incidental nature of the transgression.
Considerations panel
The concentration of cannabinoids metabolites in the sample is too high for being the result of passive smoking.
Decision
A) Imposition of a period of ineligibility of twelve (12) months of which six (6) months are suspended. The Panel concurred that the period of ineligibility be credited against the period for which he had been provisionally suspended. Accordingly, the Athlete would be prohibited from competing as a boxer until Saturday 25th September 2010;
B) Furthermore, that during the six (6) month suspended period (26th September 2010 until 25th March 2011) the boxer will be subject to a series of voluntary urine test at the behest of SAIDS;
C) Should the Athlete test positive again for any prohibited substance during the period 26th September 2010 until 25th March 2011 the maximum sentence of two years will automatically come into effect and the Athlete would have to be formally enrolled into a drug rehabilitation program.
