HIWU creates sub-category for human-abuse drugs

The Horseracing Integrity and Wagering Unit has created a sub-category of its banned-substances list that includes drugs of human abuse such as cocaine and methamphetamine, a designation created to provide a layer of protection to trainers whose horses test positive for the substances from contamination.

The creation of the sub-category will allow licensees to collect evidence in support of an argument that the substances appeared in a post-race sample due to contamination. Under rules created for the designation, the public disclosure of a positive test for one of the substances will not trigger a provisional suspension until a second test confirms the substance, in contrast with other banned substances, in which a suspension is levied after the first positive test result.

According to HIWU, licensees with a first positive test for one of the substances can request a split-sample test to confirm the positive within seven days of first being notified of the positive test. While the second test is being completed, a process that typically takes three to four weeks, the licensees will be able to gather evidence to determine if the positive arose from contamination, though HIWU investigators will not assist in the investigation, according to written responses HIWU provided to a list of questions submitted by Daily Racing Form.

“The covered person can use that period to investigate the source of the prohibited substance and provide an explanation to HIWU,” a response said.

Substances of human abuse are tricky to regulate in horse racing because the substances typically have a high potential to impact the performance of a horse, requiring strict penalties for intentional use. However, residue from human use of the substances can make their way into a horse’s system through a variety of means, either from a licensee directly or a person handling post-race samples.

Under HIWU’s rules for other banned substances, both the licensee and the horse can be provisionally suspended before the positive is confirmed in a second test, though a new rule approved in July gives HIWU greater leeway to delay the onset of the suspension until the confirmation test. If the second test confirms the substance, an adjudication of the case begins. If the second test does not confirm the substance, the case is dropped.

Confirmed positives for a banned substance carry a recommended two-year suspension.

HIWU said in its responses that there “is not a finite list of substances” under the new designation, though cocaine, methamphetamine, MDMA, and THC – the active agreement in cannabis – would be examples of the substances.

“Substances are considered on a per-substance, case-by-case basis,” HIWU said.

HIWU said that provisional suspensions that have been issued for positives for substances under the new designation have been lifted, provided that additional tests have not yet confirmed the substances.

HIWU already has a designation for potential contaminants, under a category called “atypical findings.” However, that category includes substances that are typically found in feed, such as scopolamine, or substances that might be introduced during the processing or treatment of feed.

Under rules governing atypical findings, HIWU conducts an investigation into the positive test before issuing a provisional suspension.

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