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Drug Free Sport New Zealand v Joshua Poasa


Anti-doping – cannabis – 18 year old rugby league player smoked cannabis at party with older players after last club game of year – subsequently tested positive for cannabis at representative match – some mitigating factors – evidence suggested may be a culture of cannabis smoking in rugby league in Northland and may have been peer pressure brought to bear on this 18 year old athlete – also been provisionally suspended by Tribunal since 18 November 2010 and has not been able to play other sports that normally would during this time and this may also be a mitigating factor – aggravating factor was that week before the party he attended a training camp during which he received formal anti-doping education, including information about cannabis being prohibited – so when smoked cannabis at party he knew cannabis was prohibited substance – first cannabis case that Tribunal’s new starting point applied to – normal starting point for cannabis violation now four months’ suspension (provided athlete can demonstrate how cannabis got in their system and that it was not taken for performance enhancing reasons) – aggravating and mitigating factors are then considered in deciding the appropriate penalty – here Tribunal considered the mitigating factors equated with the aggravating factors – suspension from 18 November 2010 (date of provisional suspension) until 21 March 2011 considered appropriate – Tribunal required to publicly report decision under Anti-Doping Rules and request for name suppression not granted.

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