Facts
Ryan Newport (player) was reported for a violation of the Anti-Doping Rules under the Tennis Anti-Doping Program 2005. During an ATP sanctioned tournament Odlum Brown Vancouver Open in Vancouver, Canada, an in competition doping test was conducted at Jule 30, 2005. His A sample indicated the presence of Cannabis (11-nor-9-carboxy-delta-9-tetrahydrocannabinol), the B sample analysis confirmed the presence of the prohibited substance.
History
The player visited friends in Houston before leaving to the Vancouver tournament. There he admits to having participated in the passing around of a joint after having a few drinks. This event must be the cause of the positive analytical result. The player imposed upon himself a suspension till the time of the decision.
written submission player
The player asserts that this was just a one-time event. The player would accept a 60 days period of ineligibility.
written submissions ATP
The presence of a cannabis metabolite is a doping offense and has been admitted by the player. Cannabis is a specifies substance under the rules.
The ATP has no evidence the player didn't use the cannabis for enhancing sport performance.
Being a first offense a 60 days period of ineligibility is issued with consideration of the time in voluntary suspension.
The period of ineligibility is off season but the rules don't adjust the commencement.
Decision
The tribunal makes the following orders:
1. The player admitted a first doping offense thereby establishing a doping offense. The doping offense involved the use of a specified substance cannabanoids referred to in appendix three "The 2005 Prohibited List".
2. Disqualifies the results obtained at the ATP sanctioned Tournament in Vancouver, B.C. Canada in July 2005. Any medals, titles, computer ranking points and prize money (without reduction for tax) obtained at the competition are forfeited. The commencement of the forgoing consequences is to be effective in accordance with the rule.
3. The period of ineligibility otherwise applicable is determined to be two months. In accordance with the rules the ineligibility shall commence on November 16, 2005.
4. Fairness dictates that there is no disqualification of the results from the time of sample collection until the commencement of the period of ineligibility.
