Related case:
TJD-AD 2023-014 Appeal Decision - Basketball
October, 4, 2023
In January 2023 the Brazilian Doping Control Authority (ABCD) reported an anti-doping rule violation against the basketball player after his sample tested positive for the prohibited substance Cannabis in a concentration above the WADA threshold.
Following notification the Athlete did not accept a provisional suspension. He filed a statement in his defence and the case was referrred to the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD).
Preliminary the Athlete sought for a sanction under the Substance of Abuse stipulations. However, ABCD proposed a 4 year sanction due to lack of grounds for a reduced sanction.
The Athlete made no admission, nor did he prove that the use of Cannabis occurred out-of-competition. He merely denied the intentional use of Cannabis and argued that the substance does not enhance sport performance.
The Rapporteur finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation.
The Rapporteur deems that there is no evidence that the Athlete acted intentionally. However, he made no admission, neither demonstrated out-of-competion use of Cannabis.
Considering the high concentration found in the Athlete's sample the Rapporteur concludes that violation occurred in-competition. Furthermore the Athlete had not accepted a provisional suspension.
Therefore the TJD-AD Panel decides on 3 August 2023 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the decision.
