What are the laws regarding drug use in sport? Are the laws for recreational drugs and performance enhancing drugs different?
ASADA's 8 anti-doping rule violations:
ASADA's 8 anti-doping rule violations:
1. Presence of prohibited substance or its metabolites in an athlete's sample
2. Use or attempted use by an athlete of a prohibited substance or prohibited method.
3. Refusing or failing without compelling justification to submit to sample collection after notification as authorised in applicable anti-doping rules, or otherwise evading sample collection.
4. Violation of applicable requirements regarding athlete availability for out-of-competition testing, including failure to file required whereabouts information and missed tests which are declared based on rules which comply with the International Standard for Testing. Any combination of three missed tests and/or fililng failures within an eighteen-month period as determined by Anti-Doping Organisations with jurisdiction over the athlete shall constitute an Anti-Doping Rule Violation.
5. Tampering or attempted tampering with any part of doping control
6. Possession of prohibited substances and prohibited methods.
7. Trafficking or attempted trafficking in any prohibited substance or prohibited method.
8. Administration or attempted administration to any athlete in-competition of any prohibited method or prohibited substance, or administration or attempted administration to any athlete out-of-competition of any prohibited method or any prohibited substance that is prohibited out-of-competition, or assisting, encouraging, aiding, abetting, covering up or any other type of complicity involving an Anti-Doping Rule Violation or any attempted Anti-Doping Rule Violation.
If you were to commit any of these rule violations you can be subject to a sanction by your sports main organisation or even by federal law (if you are caught possessing illicit substances).
-The AFLPA:
"Today the AFL Players’ Association provides a range of services directly to players – from welfare support, to education, to career advice – and offers spirited representation of our views and interests to a wide range of stakeholders, within the AFL industry and also in the broader community."
The AFLPA - Australian Football League Players' Association - was created i
n 1973 to enhance and protect the interests of AFL players and the game.
Prohibited substances according to the AFLPA are:
· Performance enhancing
· A health risk
· A violation of the spirit of the sport
AFL players agree to the Anti-Doping Code as part of the Standard Playing Contract.
Sanctions are put through ASADA and the AFL. The usual sanction for performance enhancing drugs is 2 years, but can be more or less, depending on the drug found or your argument.
"Sanctions for First and Second Positive Tests
10.1 A person subject to this Illicit Drugs Policy and the Rules who returns or is deemed to return a first positive test shall receive a fine of $5,000.
10.2 A person subject to this Illicit Drugs Policy and the Rules who returns or is deemed to return a second positive test shall receive a six match suspension.
10.3 The fine imposed in Section 10.1 and the 6 match suspension imposed in Section 10.2 shall be suspended until such time as the player is deemed to have engaged in conduct unbecoming under Section 13 of this Illicit Drugs Policy.
10.4 The AFL Tribunal may reduce the above sanctions only where it is satisfied that there are exceptional and compelling circumstances which would make it harsh and unreasonable to apply the sanctions in all the circumstances of the case."
"AFL Tribunal
14.1
The AFL Tribunal shall hear and determine any matter referred to in Section 10 or Section 13, in accordance with the provisions of Rule 23 of the Rules provided that:
14.1.1 a person deemed to have engaged in conduct in breach of Rule 1.6 of the Rules or charged with such conduct, shall be entitled to legal representation before the AFL Tribunal;
14.1.2 a person deemed to have engaged in conduct in breach of Rule 1.6 of the Rules shall be referred to the AFL Tribunal for a hearing in respect of sanction only;
14.1.3 where a Player is deemed to have engaged in conduct in breach of Rule 1.6 of the Rules, the AFL Tribunal shall, subject to Section 14.2, impose a sanction in addition to the suspended sanctions under clause 10 for such offence of suspension of the right to participate in the AFL Competition for not less than six (6) matches and not more than twelve (12) matches. For a second or subsequent offence, a person shall not be entitled to participate in the AFL Competition for not less than twelve (12) matches.
14.1.4 where a person other than a Player is deemed to have engaged in conduct in breach of Rule 1.6 of the Rules, the AFL Tribunal shall, subject to Sections 13.1 and 13.2, deal with the matter in any manner which it thinks fit provided that for a first offence where such person participates in anyway in the AFL Competition, that person shall – in addition to any other sanction, not be entitled to participate in the AFL Competition for the equivalent period of not less than six (6) matches and not more than twelve (12) matches. For a second or subsequent offence, a person shall not be entitled to participate in the AFL Competition for not less than twelve (12) matches.
14.2 The AFL Tribunal may reduce the above minimum sanctions only where it is satisfied that there are exceptional and compelling circumstances which would make it harsh and unreasonable to apply the minimum sanctions in all the circumstances of the case."
What are the penalties for drug use in sport?
Penalties for drug use in sport include sanctions, bans, suspensions, fines and legal action.
For example, if you are found to possess Marijuana (an illicit and illegal drug) by police. You will be charged according to Police Law and according to the laws from your sport. This might include being fined by police and having to complete a punishment handed out from police, then you will be sanction and punished by your sport, this may include a suspension from a number a matches, or a fine, or a suspension of playing contract.
Penalties for drug use in sport include sanctions, bans, suspensions, fines and legal action.
For example, if you are found to possess Marijuana (an illicit and illegal drug) by police. You will be charged according to Police Law and according to the laws from your sport. This might include being fined by police and having to complete a punishment handed out from police, then you will be sanction and punished by your sport, this may include a suspension from a number a matches, or a fine, or a suspension of playing contract.
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This is from the ASADA Annual Report (2010-2011) - showing that 42 athletes and personnel have recorded Anti-Doping Rule Violations. |
Are there any future repercussions (health and reputation) to using drugs?
There are many future health repercussions to using drugs, many life threatening. If you are considering using performance enhancing drugs, take the time to read through the risks, so-called benefits and the many unknowns with performance enhancing drugs. Also consider the repercussions if you get caught using the drugs. The tests at present are very comprehensive and it’s very unlikely that you will get away with using drugs. Your reputation and your sports reputation will be at an enormous risk.
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Ben Cousins had been caught using illicit drugs numerous times |
Is there a common physiological factor for 1st time drug users?
All athletes use performance enhancing to improve their performance and to get that extra edge on their competition. For example, an athlete might use amphetamines to improve their reaction time or they might use EPO to increase their oxygen intake for endurance sports. For teenagers, many start using performance enhancing drugs because...
they feel insecure about their abilities or body- have difficulties fitting in with a social group and think if they are the best, they will fit in
- desire to build muscle mass and strength
and some people think that they won’t win without using drugs.
How are organisations like ASADA actively trying to discourage the use of drugs in sport?
ASADA has 3 mottos , deterrence, detection and enforcement. Deterrence includes education, they have surveys on their website and often send people from their education department to educate sporting groups about performance enhancing drugs. They are given merchandise such as ASADA wristbands and buttons to say that they have attended an education section. They also do this at schools.
Why don’t athletes get punished for using drugs at training?
There are 2 types of testing, in competition testing and out of completion testing. In out of competition testing, under the WADA code, illicit drugs are not tested. Example: if you had taken cocaine out of competition, unless your sport is testing for that, you wouldn’t be sanctioned for using cocaine because you are not in competition where it might enhance your performance. But, if you have tested positive to using illicit drugs, you could get punished for trafficking, using and possessing illicit drugs. As an athlete you could be punished for all three but the punishment differs for each sport.
