Facts
The International Rugby Board (IRB) alleges Nicolas Venegas (the player) for a violation of the Anti-Doping Rules. On 22 November he represented Chile in a South America Championship match against Uruguay. He was selected for an in-competition doping test which resulted in a positive finding for Cannabis metabolite 11-nor-9-carboxy-⌂9-tetrahydrocannabinol (Carboxy-THC) at a concentration of 64ng/ml (+/- 5 ng/ml). Carboxy-THC is listed under S8 Cannabinoids on the WADA List of Prohibited Substances 2008. The presence of Carboxy-THC in a person’s bodily sample at a concentration which is greater than 15ng/ml constitutes an anti-doping rule violation under IRB Regulation and under the World Anti-Doping Code.
History
The Player initially told that he was not a habitual user of marijuana. He would use it a maximum of twice a year. This evidence was then revised somewhat when he claimed that he had only ever used marijuana twice, those occasions being on 13 and 15 November 2008. As noted already, the first of these occasions was during a farewell gathering for a friend. He claims that the marijuana had no effect on him the first time he used it, which is why he tried it again two days later. The domestic rugby season in Chile had just ended and although he had played for Chile against Argentina on 8 November, the Player said that he had not initially been selected for the Uruguay match so that when he used marijuana he had no concern that he might be playing rugby again a few days later.
Decision
On 22 November 2008, the Player committed an anti-doping rule violation. The sanction imposed for this anti-doping rule violation is a period of Ineligibility of four (4) months, commencing on 4 January 2009 (the date upon which the Player was provisionally suspended under Regulation 21.19) and concluding (but inclusive of) 3 May 2009.
No Player or Person who has been declared Ineligible may, during the period of Ineligibility, participate in any capacity in a Match, Series of Matches and/or Tournament (international or otherwise) or activity authorised or organised by the Board or any Member Union.
