Related case:
CAS 2008_A_1473 Joe Warren vs USADA
July 24, 2008
The United States Anti-Doping Agency (USADA) reported an anti-doping rule violation against the wrestler Joe Warren after his A and B samples tested positive for the prohibited substance Cannabis. This is the Athlete's second violation due to he was sanctioned for 3 months in 2006 for the presence of Cannabis.
Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the American Court of Arbitration for Sport Panel (AAA).
The Athlete admitted the use of marijuana and that he had committed a second anti-doping rule violation. He asserted that exceptional circumstances justify a finding of No Significant Fauly or Negligence based on the facts of his case and therefore the imposition of a reduced sanction.
Additionally, he argued that the application of the principle of
proportionality applies to this sanction justifying a reduction below that allowed by the FILA Regulations.
The Sole Arbitrator finds that the Athlete makes a good case for exceptional circumstances regarding his one use of marijuana in May of 2007. However the panel must consider his overall conduct of continued use after his first positive in 2006, a lifestyle conducive to placing his career and his liberty in jeopardy.
The Arbitrator considers that the Athlete failed to seek competent mental and medical advice despite the obvious need for it. He also made a calculated decision to take the chance on a possible positive test with full knowledge of the consequences.
The Arbitrator deems that these considerations do not justify a reduced period of eligibility based on the principle of proportionality nor do they justify afinding of No Significant Fault or Negligence.
Therefore the AAA Tribunal decides on 14 January 2007 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspenson, i.e. on 23 July 2007.
