Facts
The International Rugby Board (IRB) alleges Irakli Chvihivivadze (the player) for a violaton of the Anti-Doping Rules. The player was selected for In-Competition Testing at the Georgia v Germany match played on 7 February 2009 in Germany. The presence of a metabolite of Cannabis (Carboxy-THC) was detected in his sample at a concentration of 38.3 ng/ml, which is greater than the permitted threshold level of 15 ng/ml. Carboxy-THC is listed under S8 Cannabinoids on the WADA List of Prohibited Substances 2009.
History
On the evening of 4 February, the Player had arranged to meet a friend from his hometown in Georgia who had moved to France. They went to a bar in Nancy where they had some drinks and watched sports on TV. At some point they were joined by two acquaintances of the Player’s friend. About half an hour after these individuals arrived, the Player decided to leave. Around that time, one of the individuals produced what appeared to be a cigarette. He offered it to the Player to smoke. The Player, initially thinking that the cigarette consisted of tobacco, took it, but then realised it might be something else. He declined to smoke it. The others initially laughed at him for being so cautious, but then became more unfriendly. When the Player got up to leave the two acquaintances of the Player’s friend followed the Player out to the street. They taunted him for not accepting their offer of a smoke. The Player felt that the situation was potentially explosive. He was worried about his friend and the possibility that a fight could ensue. Under pressure, he took three or four puffs to get rid of them. He tried not to inhale. He then left and returned to his hotel. His use of marijuana was not intended to enhance sports performance.
Decision
On 7 February 2009, the Player committed an anti-doping rule violation. The sanction imposed for this Anti-Doping Rule Violation is a period of ineligibility of four months.
Costs
Written submissions should be submitted on time.
