ST 2018_17 DFSNZ vs Samuel Henry

In November 2018 Drug Free Sport New Zealand (DFSNZ) has reported an anti-doping rule violation against the rugby player Samuel Henry 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 Athlete admitted the violation, denied the intentional use and explained that he used cannabis recreationally as a way of dealing with the Post Traumatic Stress Syndrome (PTSD) he was diagnosed in 2016. He stated that the week prior to competition in question he had used Cannabis as a way of dealing with the pressure of the competition.

DFSNZ accepts the Athlete’s statement that the use of cannabis was recreational, not intentional and that he established No Significant Fault or Negligence in this case. Also the Tribunal accepts the Athlete’s statement and evidence and considers the Athlete’s level of Cannabis use to determine the minimum sanction.

Therefore the Sports Tribunal of New Zealand decides on 25 February 2019 to impose a 7 month period of ineligibility on the Athlete starting backdated by 1 month prior to the date of the provisional suspension, i.e. 10 November 2018.

Original document

Parameters

Legal Source
National Decisions
Date
25 February 2019
Arbitrator
Aitken, Ruth
Brunner, Chantal
Robertson, Bruce
Original Source
Sports Tribunal of New Zealand
Country
New Zealand
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Case law / jurisprudence
Circumstantial evidence
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)
New Zealand Rugby League (NZRL)
Laboratories
Sydney, Australia: Australian Sports Drug Testing Laboratory (ASDTL) - Sydney (AUS)
Doping classes
S8. Cannabinoids
Substances
Cannabis (THC)
Various
Out-of-competition use / Substances of Abuse
Document type
Pdf file
Date generated
28 February 2019
Date of last modification
25 April 2019
Category
  • Legal Source
  • Education
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  • Language
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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
  • Document type
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Origin