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Basketball New Zealand Inc v Clifton Bush Junior


Anti-doping – cannabis – recreational use – admitted violation – cannabis used by athlete when feeling depressed on anniversary of father’s death – outdated BBNZ anti-doping code applied at time of violation – on one interpretation of BBNZ code, defendant liable for 2 years’ mandatory suspension – Tribunal gave BBNZ code a purposive interpretation – Tribunal found that cannabis fell into the “related substances” category in BBNZ code that had essentially the same purpose as the “specified substances” category under the WADA Code – lesser sanctions than 2 years’ ineligibility were available for a “related substance” – retirement – defendant stated he has retired – notwithstanding this, it was appropriate to impose a suspension – sanction of suspension gives notice to athletes of Tribunal’s position in these matters – 2 months’ ineligibility imposed.

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