ST 2016_16 DFSNZ vs Stacey Mikara

In November 2016 Drug Free Sport New Zealand (DFSNZ) has reported an anti-doping rule violation against the Respondent Stacey Mikara after his sample tested positive for the prohibited substance cannabis in a concentration above the WADA threshold.
After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the Sports Tribunal of New Zealand.

The Respondent admitted the violation and stated that he smoked cannabis during the 2016 season for recreational purposes in social settings as an alternative to drinking alcohol and without intention to enhance sport performance. He acknowledged that he was informed about the prohibited substances, including cannabis, but it had been difficult to stop his habitual cannabis use.

DFSNZ accepts the Respondent’s statement that the use of cannabis was recreational and without intention to enhance. Also the Tribunal is satisfied on the evidence and having regard to the similar position taken by both counsel on these issues, that the Respondent’s use of cannabis was not intended to enhance his sporting performance and, further, that there was no significant fault in his having infringed the WADA limits on the use of cannabis during a period of competition.

Considering the circumstances in this case the Sports Tribunal of New Zealand decides on 17 February 2017 to impose a 6 month period of ineligibility on the Respondent starting on the date of the provisional suspension, i.e. backdated on 18 January 2017.

Original document

Parameters

Legal Source
National Decisions
Date
17 February 2017
Arbitrator
Cheatley, Ron
Farmer, Jim
Hart, Rob
Original Source
Sports Tribunal of New Zealand
Country
New Zealand
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Admission
Case law / jurisprudence
Commencement of ineligibility period
No intention to enhance performance
No Significant Fault or Negligence
Period of ineligibility
Sport/IFs
Rugby (WR) - World Rugby
Other organisations
Drug Free Sport New Zealand (DFSNZ)
Laboratories
Sydney, Australia: Australian Sports Drug Testing Laboratory (ASDTL) - Sydney (AUS)
Doping classes
S8. Cannabinoids
Substances
Cannabis (THC)
Medical terms
Addiction / dependence
Various
Out-of-competition use / Substances of Abuse
Document type
Pdf file
Date generated
28 March 2017
Date of last modification
21 April 2017
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  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
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  • Document category
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Origin