CAS ad hoc Division (O.G. Nagano) 98/002 R. / International Olympic Committee (IOC)
CAS 1998 NAG 2 Ross Rebagliati vs International Olympic Committee (IOC)
Disqualification of an athlete for use of marijuana
Lack of legal basis to sanction the athlete
1. The sole basis to sanction the use of marijuana at the Olympic Games is Chapter II, article III, paragraph B of the IOC Medical Code, which treats the use of marijuana as doping only if there is an agreement between the IOC and the relevant international federation to that effect. Absence of any such agreement in this case.
2. The CAS recognizes that from an ethical and medical perspective, cannabinoids consumption is a matter of serious social concern. The CAS is not, however, a criminal court and can neither promulgate nor apply penal laws. The CAS must decide within the context of the law of sports, and cannot invent prohibitions or sanctions where none appear.
In February 1998 the Athlete Ross Rebagliati competed in the Canadian Men’s snowboard giant slalom during the Nagano 1998 Olympic Winter Games where he won the Olympic gold medal.
On 11 February 1998 the International Olympic Committee (IOC) has reported an anti-doping rule violation against the Athlete after his sample tested positive for the substance marijuana (cannabis).
Therefore the IOC Executive Board decided to rescind the Olympic gold medal due to the positive doping test.
Hereafter the Athlete appeals the IOC Executive Board decision with the ad hoc Division of the Court of Arbitration for Sport (CAS) present at the Nagano 1998 Olympic Winter Games.
The Athlete stated he did not use cannabis since April 1997 and argued that the positive test was the result of second hand cannabis smoke due to he attended two parties in January 1998 where people smoked cannabis.
The CAS Panel concludes that the sanction against the Athlete lack requisite legal foundation, due to marijuana (cannabis) wasn't actually on the IOC banned-substance list.
The ad hoc Division of the Court of Arbitration for Sport Panel decides:
1.) The IOC Executive Board's decision of 11 February 1998 is reversed.
2.) No costs are awarded.
3.) The decision shall be subject to immediate publication.
Cannabis has since been listed by the World Anti-Doping Agency (WADA) as a banned substance.
