In July 2022 the International Equestrian Federation (FEI) reported an anti-doping rule violation against the Brazilian Athlete Pedro Stefani Marino after his sample tested positive for the prohibited substance Cannabis in a concentration above the WADA threshold.
Following notification the Athlete filed a statement with evidence in his defence and he was heard for the FEI Tribunal Hearing Panel. The Athlete accepted the test result, admitted the violation and denied the intentional use of the substance.
The Athlete asserted that at the material time he had used Cannabis only out-of-competition and in a context unrelated to sport performance. Further he produced specific information about his consumption of Cannabis products in that period.
He testified that he almost daily had smoked pure Cannabis in November 2021 whereas in December 2021, 4 days before the sample collection, he had smoked a THC vape pen. He assumed that the high concentration THC in his sample was caused by smoking pure Cannabis and the THC Vape pen.
FEI accepted the fact that the Athlete may have smoked the whole THC vape pen (maybe together with a Cannabis joint) on 1 December 2021 for recreational purposes. However FEI deemed that it was highly likely that the Athlete had used Cannabis In-Competition, rather than Out-of-Competition.
FEI excluded the possibility that this consumption caused the AAF which was the subject of the current proceedings. FEI contended that the AAF in the Athlete’s Sample was the result of another Cannabis intake occurring during the In-Competition period.
Following assessment the Panel addressed the Parties' evidence, the scientific studies and the opinions of their expert witnesses. Ultimately the Panel determines that:
- The presence of a prohibited substance has been established in the Athlete's sample;
- The Athlete failed to demonstrate, on a balance of probabilities, that he ingested Cannabis out of competition;
- The Athlete's explanations lack overall credibility as his factual scenario does not match with the scientific evidence;
- The Athlete failed to establish how the Cannabis had entered his system;
- The Athlete failed to establish that he acted with No Significant Fault or Negligence;
- No provisional suspension had been ordered and there had been delays in the proceedings not attributed to the Athlete;
- Fairness requires that the Athlete's results are disqualified only from 15 May 2023.
Therefore the FEI Tribunal Hearing Panel decides on 2 October 2023 to impose a fine and a 2 year period of ineligibility on the Athlete, starting on the date of the notification of this decision.
