Related cases:
- AAA 2001 No. 30 190 00701 01 USADA vs Barney Reed
April 22, 2002 - CAS 2008_A_1577 USADA vs Barney Reed
December 15, 2008
Claimant USADA and respondent Barney Reed.
This case involves respondents second anti-doping violation, a positve test for the prohibited substances, metabolites of Cannabinoids as a result of a legitimate medical condition. In his first anti-doping violation, he tested positive for an anabolic steroid in 2001, obtained from an over the counter product purchased at a vitamin supplement store.
By the rules of the Anti-Doping Code he faces a period of ineligibility of 2 years.
Through his pleadings, pre-hearing brief, oral argument, testimony given on March 31, 2008 at the evidentiary hearing and post-hearing brief, the respondent argued that the penalty sought by USADA should be reduced substantially. Repondent suffers from insomnia, stress and anxiety. He was treated by a physisian, who ultimately prescribed medical marijuana for Mr. Reed’s treatment, which is legal in the State of California. He didn't apply for the Therapeutic Use Exemption because he didn't knew the process. Marijuana is not a prohibited substance if taken out of competition, also it is not a substance which enhances sport performance.
The Panel considered the fact that the penalty for a firs time offense for marijuana could include as little as a warning. Having found that the respondent was not significantly negligent, the Panel reduces his
two year period of ineligibility to 15 months.
