Facts
David Buck (player) was reported for a violation of the Anti-Doping Rules (ADR). During the US Open Wheelchair Tennis Championship, on October 6, 2005, he was selected for doping control. On the doping form he declared medication and "medical use of marijuana". He voluntarily abstained from competitive tennis from October 10, 2005, onwards awaiting a likely positive test result. His A sample tested positive on a metabolite of cannabis known as 11-nor-9-carboxy-delta-9-tetrahydrocannabinol.
History
The player is paraplegic following a complete spinal chord injury. In his state the use of cannabis is restricted but doctors are able to recommend its use. He uses it each day to threat post-traumatic arthritis, degenerative arthritis, muscle spasm, insomnia and nausea.
Cannabinoids are prohibited substances since January 1, 2004. The player however continued using cannabis and also didn't apply for a therapeutic use exemption ("TUE"). However he did sent in a TUE application signed by his doctor the day after his sample was reported with the prohibited substance.
Decision
Accordingly the Tribunal:
(1) confirms the commission of the doping offence specified in the notice of charge set out in the ITF’s letter to the player dated 31 January 2006: namely that a prohibited substance, 11-nor-9-carboxy-delta-9-tetrahydrocannabinol, a cannabis metabolite, has been found to be present in the urine specimen that the player provided at San Diego on October 6, 2005;
(2) orders that the player’s individual result must be disqualified in respect of the singles and doubles events at the US Open Wheelchair Tennis Championships 2005, and in consequence rules that the two ranking points in respect of the singles event and the two ranking points in respect of the doubles event, and the prize money of US $105 in respect
of the singles event, and of US $26 in respect of the doubles event, obtained by the player through his participation in that competition, must be forfeited;
(3) finds that the player has succeeded in establishing on the balance of probabilities that his use of cannabis leading to the positive test result in was not intended to enhance sport performance;
(4) declares the player ineligible for a period of 3½ months running from October 10, 2005 to January 24, 2006 from participating in any capacity in any event or activity (other than authorized anti-doping education or rehabilitation programs) authorized by the ITF or any national or regional entity which is a member of or is recognized by the ITF as the entity governing the sport of tennis in that nation or region.
