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Softball New Zealand v Justin Karaitiana


Anti-doping – cannabis – Tribunal reviewed its earlier decisions and set out approach it will take in future cannabis cases – if athlete satisfies Tribunal that no intention to enhance sports performance, the likely penalty will be a reprimand and warning provided Tribunal also satisfied the cannabis use was unrelated to the sport, represented no danger to others and there were no other aggravating circumstances – Tribunal likely to suspend where aggravating circumstances exist – aggravating circumstances include when athlete’s attention has been drawn to need to adhere to WADA Code but despite this warning offends anyway – such warning may appear in participation agreements or may have been specifically drawn to the athlete’s attention by his or her sport by other means – Tribunal will take interim and self imposed suspensions into account in determining appropriate period of ineligibility – in this case defendant admitted using cannabis recreationally at New Year’s Eve party the week before tournament where drug tested – aggravating circumstances not found to exist – warning and reprimand imposed.

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