Our International Anti-Doping Lawyers Help You Understand Your Options When Faced With a Potential Violation
The World Anti-Doping Agency’s (WADA) Prohibited List consists of substances banned at all times as well as those banned only in-competition. The distinction can have significant consequences not only on whether an anti-doping rule violation has been committed but also on what the corresponding sanction may be. The international anti-doping lawyers at Global Sports Advocates have extensive experience in such matters and can help you understand what your next steps should be when you’re facing a potential rule violation.
Defining In-Competition and Out-of-Competition
When a substance is banned only “in-competition”, it typically refers to the period from 11:59 pm the day before a competition through the end of the competition and sample collection process; however, this timeframe can be changed for a particular sport if WADA accepts the petition to do so by an international federation.
For example, WADA approved the International Tennis Federation’s request to change the definition of in-competition to starting at 11:59 p.m. local time on the day before a player's first match in an event and ending after their last match, with a 60-minute window for sample collection (120 minutes for final matches). For team events, this period extends until after the team's last match. Players who withdraw must remain available for testing for 60 minutes after notifying officials, and their doubles partners may also be tested. If a player withdraws, is defaulted, or doesn't show up and can't be notified within 60 minutes, the ITF can still collect a sample within 12 hours and consider it "In-Competition."
In contrast to the definition of “in-competition”, the term “out-of-competition” is much less complicated and simply represents any period not “in-competition”.
Substances and Methods Prohibited In-Competition
The WADA Prohibited List outlines the substances and methods that can trigger an anti-doping violation. Most substances and methods are prohibited at all times, but the following are only prohibited in competition:
- Stimulants – Such as those found in medications used for the treatment of anaphylaxis, attention deficit hyperactivity disorders (ADHD), and cold or influenza symptoms
- Narcotics – Which can be found in medications used for the treatment of pain, including pain from musculoskeletal injuries
- Cannabinoids – This includes all natural and synthetic cannabinoids with the exception of cannabidiol
- Glucocorticoids – These can be found in medications used to treat allergy, anaphylaxis, asthma, or inflammatory bowel disease
Substances of Abuse
Note that some of the substances prohibited in-competition are also considered substances of abuse:
- Cocaine
- Methylenedioxymethamphetamine
- Diamorphine
- Tetrahydrocannabinol
This distinction is important because it can affect the length of the sanction an athlete faces. If an athlete tests positive for one of these substances of abuse in-competition and can establish that it was used out of competition and unrelated to their sports performance, their period of ineligibility will automatically be dropped from 4 or 2 years to just three months. The ineligibility period can be reduced even further to one month if the athlete satisfactorily completes an approved substance abuse treatment program.
What Athletes Need to Know
Athletes are allowed to use substances that are only prohibited in-competition during out-of-competition periods as long as the substance is not in their system above permitted levels once the in-competition period begins. The rationale behind this discrepancy in the rules is that some substances may enhance performance during competition but have no performance benefits out-of-competition. However, since the exact length of time it takes a substance to leave the body can vary depending on the dosage and individual metabolism, athletes must exercise caution whenever using a substance banned only in-competition.
If an athlete does unexpectedly test positive in-competition after using out-of-competition a substance that is only banned in-competition, they can avail themselves to a safe harbor provision into the International Standard for Therapeutic Use Exemptions (ISTUE) that allows athletes to receive a retroactive Therapeutic Use Exemption (TUE) (and thus avoid receiving any sanctions associated with a rule violation) if the athlete can provide sufficient medical documentation establishing that their use of the banned substance out of competition meets the criteria to obtain a prospective TUE.
Additional Information
A PDF copy of the full World Anti-Doping Code can be downloaded on the WADA website. The Prohibited List is also available for reference.
Global Sports Advocates has handled a wide range of international doping cases involving TUE appeals and other issues related to global sports compliance. Refer to our case results and testimonials pages to learn about some of our recent successes.
