IS ZERO TOLERANCE BAD FOR RACING?
Three weeks ago, the Paulick Report broke the news of a drug-testing mystery in Pennsylvania involving dozens of positive tests in Thoroughbreds and Standardbreds for a Class 2 prohibited substance called lobeline, used in nicotine patches to help people quit smoking but which traces from the lobelia inflata plant that is indigenous to the northeastern United States. The hearings for trainers who received many of these positive tests—most of which uncovered extremely minute levels of the drug–have been postponed by stewards while Dr. Lawrence Soma researches how lobeline may have found its way into the system of so many horses across the state.
Since then, the Paulick Report has heard of a cluster of positive tests in Pennsylvania for another human drug, the prohibited Class 3 medication bitolterol, which is used in asthma inhalers. These tests also have allegedly been called on quantities in the picogram (one trillionth of a gram) level.
Alan Pincus, an attorney in Pennsylvania, is familiar with Pennsylvania’s equine drug testing laboratory, having represented a dozen trainers who were implicated in a case involving aminorex, a prohibited Class 1 drug. The aminorex charges were eventually dropped by the Pennsylvania Horse Racing Commission. Pincus has also been contacted by several of the trainers involved in the current lobeline positives.
Pincus wrote the following commentary concerning zero-tolerance regulations, which were written years ago when drug tests were not nearly as sensitive as they are today. — Ray Paulick
____________________________________________________________________________________________________________________________
By Alan Pincus
Over the years many people have been injured by the testing procedures of the Pennsylvania Horse Racing Commission. The problem stems from the way the regulations were written 20 to 30 years ago. In Pennsylvania, the regulations state that no foreign substance shall appear in a post-race test. This is what they call zero tolerance and is true for all but a few drugs (phenylbutazone, etc.), which do have tolerance levels.
At the time the regulations were written the testing was at the nanogram (one partical per billion) level. Any horse found to have an illegal substance most likely had a performance affecting level in its system. Also, the chances were high that the trainer was responsible. Now, they have testing to the picogram level (one partical per trillion). There are 1,000 picograms in a nanogram, so you can conclude that testing today is 1,000 times more sensitive than when the regulations were written.
Over the years as testing became more sensitive, anomalies started to occur as trace levels of drugs were found in horses even though trainers were withdrawing the horses from the drugs per the recommended guidelines. Many people were punished for procaine, isoxsuprine or clenbuterol for no other reason than the fact the withdrawal guidelines did not anticipate testing at such low levels. Also, testing at such low levels started to find positives which were the result of environmental contamination. Almost all cocaine positives are the result of environmental contamination. Many innocent trainers have been punished.
It reached its peak with aminorex, where scores of trainers were subjected to great stress and positive tests of a Class 1 drug. In Canada, the initial penalties for aminorex were three-year suspensions. In Ohio, they were one year.
This scenario is playing out again with lobeline (see the Paulick Report article on the lobeline positives in Pennsylania by clicking here).It is the Pennsylvania Horse Racing Commission’s failure to admit the trainers are innocent that allows the problem to continue to the next drug.
The testing lab must justify itself. They get newer equipment that tests at lower levels and they find positive tests, which they believe are catching cheaters. They congratulate themselves and leave the trainers to suffer. Only if a large amount of trainers have positives for the same drug do the trainers have any chance at all. Think of what would happen if there were only two or three lobeline positives (there are at least 30). The trainers would already be doing their days.
Making things worse is the fact the trainers of the second- and third-place horses want the winners disqualified and thus the horsemen are not united. In the aminorex cases, the eventual dismissals were only made after Dr. Lawrence Soma agreed that the levels were not performance enhancing. I believe that calling a positive for 7 picograms of any substance is irresponsible as it is inconceivable that it could affect performance. In the modern era of testing, there should be a level for every drug and it should be at the level that affects performance.
If you look at the Class 1 drug positives in Pennsylvania over the last 10 years (notably aminorex and cocaine), you’ll find that over 90% were the result of environmental contamination and the trainers were totally innocent. The commission, which always presumes the trainers were negligent or cheaters, has no concern about the grief trainers go through when they receive a positive test. This is true even when the trainers are eventually cleared.
One thing you can count on no matter how the lobeline issue is resolved is the fact that the Commission will never say they were wrong.
Tags: alan pincus, aminorex, bitolertol, drug testing, drugs in horse racing, equine drug testing, Horse Racing, lobelia inflata, lobeline, nicotine patches, Paulick Report, pennsylvania horse racing commission, Ray Paulick
October 12th, 2009 at 1:38 am
I can’t take it anymore. I am out, I am sick of horse racing, they have lost another fan (big deal). Another article in the defense of the guilty. There are 100 of these written for every one that actually points out a cheat. And I am sure the writer makes many good points, but to me, he should be spending his time finding out who is actually dramatically improving horse off a trainer switch, did we see that at all this weekend? Yeah, we did, big time and for big bucks!
Let’s call it like it is, the racing industry has no intention of actually catching the cheaters.
Cheating has been part of the game from the get go. It’s as much revered as actual training. Everybody loves the story of the trainer who pulls a quick one at the expense of the betting public or honest trainers/horses. Many books have been dedicated to such a saga (more profit off dishonesty…cha-ching!!!). And in the rare occasion when racing officials do get somebody, the cheats are always defended by the horse racing media (see Andy Beyer, he didn’t have one colleague to back him up earlier this year? Wow, that says it all) maybe the writers who are on the defense are only lining up to put the character or tale into their next book (profit baby!).
There are no rules in racing. The only time one is given a lifetime ban is if one is dumb or unfortunate enough to get caught OUTSIDE of the industry. Be it murder, taxes, or drugs, or whatever. Why is an east coast trainer banned for life for a singular infraction that racing officials never did catch him on yet the same infraction was violated and caught numerous times by another trainer in the west coast (well after the first trainer was busted) and no penalty was enforced? And what was that west coast trainer doing earlier this year? Oh, only prepping the Derby favorite (hey how did that turn out? Reap what you sow, racing industry). Busted for cobra venom? No biggie, why don’t you impose your own punishment and we’ll see you in a year or so. Imagine that, being your own judge and jry, so convenient. Hey got suspended recently? Ahhhh, just serve the time AFTER the BC, who cares?
Why is it that everybody in the industry knows that certain med restrictions are loosened at smaller tracks and nothing is done about it? Why is it that certain trainers hit at 40% at some north east tracks near the shore, and hit at 5% at the more elite tracks in a not so distant location? Why do some horses win millions in certain states and can’t get a good 5th when they run out of town? Sure competition has something to do with it, but maybe not as much as the detention barn.
And now over the last ten years, we have the coup de grace, whereby the elite, the very founders and so called defenders of the game have recently not only turned a blind eye to the cheats but have embraced the scam by purchasing horses who campaigned for dubious and multi-suspended trainers and then breeding them, thus furthering the decline of the breed. You would think somebody would have had it figured out? And of course they have. But here is the real truth; there is no integrity in horse racing from top to bottom. Just a need to make the quick buck and move on. Why are there still high fee stallions that produce nothing but defected horses that break down on national tv, yet they are more revered now than ever? And even while the owner of one of those so called great stallions has been tossed out of racing for neglect, again not by the industry but by an outside authority (again toothless officials reaping what they sow).
Who is running this sport? Nobody. The defender of the turf is a myth, there has never been one, neither in the highest offices in racing or more sadly in the (choke, cough, cough, laugh) racing media.
The game is corrupt and it starts from the top and man let me tell you, it stinks. To better suit this culture it would be appropriate to replace the Secretariat statue with a cast of Shifty Sheik, cause we all know his trainer was never caught with anything and was innocent, just ask the media or rulers of the game!
October 12th, 2009 at 2:39 am
Let’s replace the “Call to Post” with “Framed” by The Sensational Alex Harvey Band. Any person who has spent more than five minutes on the backside will hear about the barns with “sore” runners, but this carnival atmosphere simply looks at it as an individual spinning a loaded wheel that favors the player; how many actually get caught and then how many have charges stick. The industry has minimal credibility with the general sports public and has fans turning away in disgust….since the perception is growing that major elements are nothing more than pro rasslin’ marketed - with a straight face - as the “Sport of Kings.”
October 12th, 2009 at 6:08 am
The industry has no credibility and is incapable of reforming and policing itself.
October 12th, 2009 at 6:34 am
A question for the lawyer: how long would it take for the industry to establish a threshhold for each of these dozens of substances that defines whether it affects performance? a hundred years?
the fact of the matter is these drugs do affect performance. at what tolerances, we don’t know and it would probably bankrupt the industry to find out. if as much time and money were devoted to making sure these substances were not ‘ambient’ (accidentally in feed etc etc) as has been spent defending guilty trainers, then the problem would have been solved long ago.
look, the only way we are going to rid the sport of cheaters and dopers and crooked vets, owners and trainers is to go to a truly zero tolerance policy. no drugs, no time, no how.
ban all race-day medication now, including drug-masking salix and injury-masking bute. publish a list of drugs that cannot be administered 30 days before a race. ban all corticosteroids 30 days before a race. get all 38 racing jurisdictions to come down hard on trainers and vets who break the rules consistently. a suggested penalty regimen: one slip, one year’s probation, two slips three months suspension (with no training by proxy through an assistant or trainer friend either), three slips a year’s suspension, four slips and you’re out for life. in other countries trainers are warned off for such offences. they lose their livelihood. here you get a slap on the wrist for possessing snake venom. someone has to take charge before we lose the public’s confidence completely.
if the trainers and vets, at the threat of suspension, were made to register every treatment given to every horse to the stewards and that treatment register was available for public scrutiny, then these medication issues might not go away completely, but they would be much reduced. right now you have vets and trainers sneaking around with needles doing untold harm to the animals, the industry and, ultimately, the people who depend on it for their livelihoods. Get rid of drugs!
October 12th, 2009 at 7:19 am
So all of a sudden lobeline shows up? Where has it been in previous years? The PA racing community are known deviants. The continued efforts of the PA tesing lab and the new Bolton center are most appreciated and need to get tougher not more lenient. Now we have out of town lawyers trying to persuade public opinion or intimidate the PA Racing Commission. I hope the Attorney General gets involved and puts enough boots on the ground on these backsides to have a real close look at what’s going on with horse doping.
October 12th, 2009 at 7:39 am
I wanted to know what Lobelia Inflata is and so I looked it up on Wikipedia and it says it is a weed used ‘by herbalists for treatment of asthma, hence its other nickname, asthma weed.’
I have to wonder if it is cheaper than clenbuterol? Sounds as if a PA vet/trainer or two may know the answer to that one.
October 12th, 2009 at 8:00 am
Ray
Did you pin this article by the light of a full Moon?
You have brought out all the crazies theorists and conspirators
btw graeme…google, wikpedia et all.their use is not research
October 12th, 2009 at 8:44 am
Thanks for an informative article. The impact of these testing issues to trainers can be devastating. While there certainly are trainers (and owners) out there looking for the latest drug that isn’t covered in toxicoloty, what some folks don’t get that the majority of trainers aren’t the rich, high-profile wheeler-dealers strolling around Keeneland with their millionaire clients. Most are dedicated and hard working men and women who love the animals and the sport. They do their best to get the utmost performance out of their charges while jumping through the various and sometimes ridiculous hoops placed before them by the governing bodies who make rules designed to catch the few bad guys out there. (Remember the 80/20 rule?) One point everyone seems to miss is the impact to the owners when a trainer is suspended. Small owners who aren’t using multiple trainers and are loyal to their chosen trainers are also penalized by these false positives and find themselves looking for a new barn that may or may not maintain their horses at their current level of performance. Or they find themselves gutting it out until the suspension is over, shipping to out of state tracks for lesser purses. Also, it pains me to read the above responses condeming all trainers and the sport. This is the sort of rhetoric I’m accustomed to hearing from people who get no closer to a horse than touching the screen at their local OTB.
October 12th, 2009 at 9:11 am
jon greathouse,
I looked up lobelia on the Sloan-Kettering Cancer Center site.
They also referred to it as asthma weed and said, ” Patients use this supplement for smoking cessation and to treat asthma and depression.” Among other effects, it dilates bronchioles.
Is that more credible for you?
October 12th, 2009 at 9:32 am
Awful lot of adrenaline for a Monday. While I normally find it unappealing to defend lawyers (unless they happen to be defending me), Mr. Pincus has made a legitimate point or two — something I mentioned two weeks ago. ‘Zero tolerance’ and positives for odd substances far below pharmaceutical levels is not a viable system, particularly when scientists are collecting the data and commissioners (the latter hardly qualified to interpret the results) are deciding who won or lost the dog and pony show. And no, threshold limits are not a reasonable (or even possible) solution. Let’s remember that the testing parameters have been moved down to 1 part per trillion based on regulations that were designed for 1 part per billion. Math aside, if I had either 1 part per billion or trillion of say, methamphetamine — would I get to the bus stop any quicker this morning? Not likely.
The question about positives (false or otherwise) is what that test revealed in the real world? Apparently that is the question nobody seems to ask.
October 12th, 2009 at 9:41 am
Bronchiole dialtors used on race horses is the easisest way to get the most out of the horse, particualarly coming down the stretch. we’ve all seen it, that “second wind” just when you thought the horse was stopped. This type of “breathing aid” is common practice amongst the ‘edge” men and women trainers, and certainly qualifies as performance enhancing.
October 12th, 2009 at 9:48 am
Classic case that seems to be all to common.There is always an excuse for a drug.
Picogram,Nanogram…………………………………..it should be NO GRAMS,period.All this bickering about drugs is killing horse racing.The general public says “Why do they have to drug those beautiful Animals”;”It’s All Crooked,It’s All About The Money”.Why can’t they actually train and condition like they use to.Because nobody wants to take the time………..they’ve learned that the vet is your best friend on the track in the form of drugs.With drugs,they don’t have to condition,train,do legs.The vet always has a drug that turns out to be high priced bute when put down on paper.
What did you give my horse today………oh just a little bute………..but I’d definitely bet on him.Your bill’s in the mail after he wins.
I think it would be more interesting to find out which trainers are suspected as well as who their track vets are.
Until racing starts to clean up their act,eliminate drugs.The general public is going to continually drift away.And whats left will be the ones in the industry that always had to make an excuse for drugs.But thats when it totally dies,because it’s obvious that the ones in the industry have no desire to promote the industry as a whole.They only care about their own personal gains.
October 12th, 2009 at 9:57 am
From the University of Maryland Medical Center site:
Lobelia
Overview:
Lobelia (Lobelia inflata ), also called Indian tobacco, has a long history of use as an herbal remedy for respiratory conditions such as asthma, bronchitis, pneumonia, and cough. Native Americans historically have smoked lobelia as a treatment for asthma. In the 19th century, American physicians prescribed lobelia to induce vomiting in order remove toxins from the body. Because of this, it earned the name “puke weed.” Today, lobelia is considered effective in helping clear mucus from the respiratory tract, including the throat, lungs, and bronchial tubes. Although few studies have thoroughly evaluated the safety and effectiveness of lobelia, some herbalists today incorporate lobelia into a comprehensive treatment plan for asthma.
An active ingredient in the lobelia plant, lobeline, is similar to nicotine in its effect on the body. Like nicotine, it stimulates nerves in the central nervous system. For this reason, lobeline was once used as a nicotine substitute in many anti-smoking products and preparations designed to break the smoking habit. In 1993, the U.S. Food and Drug Administration (FDA) prohibited the sale of lobeline-containing smoking products. The FDA reported that such products lacked effectiveness in helping people quit or reduce smoking.
It is important to note that lobelia is a potentially toxic herb. Lobelia can be safely used in very small doses (particularly homeopathic doses), but moderate-to-large doses can cause serious adverse effects ranging from dry mouth and nausea to convulsions and even coma (see Precautions). Under the guidance of a qualified health care provider, however, lobelia, in combination with other herbs that affect the respiratory system, is considered relatively safe.
Plant Description:
Lobelia is an attractive annual or sometimes biennial (replanted every year or two) herb that grows to a height of three feet. Its erect, hairy stem is angular, branching at the top, usually green with a tinge of violet. The pale green or yellowish leaves have a sharp taste and a slightly irritating odor. The sparse flowers are pale violet-blue outside and pale yellow inside.
Parts Used:
The above-ground portions of the lobelia plant (namely the leaves and seeds) are used for medicinal purposes.
Medicinal Uses and Indications:
Lobelia has not been well studied in animals or people. However, a qualified health care provider may recommend this herb (usually in combination with other herbs) for the treatment of the following respiratory problems:
Asthma
Bronchitis
Cough
Lobelia is also diluted to a homeopathic dose and used alone or in combination with other products for smoking cessation, muscle relaxation, nausea, vomiting, and various respiratory illnesses.
Available Forms:
Lobelia is available in liquid extracts, tinctures, and as a dried herb in capsules and for teas.
How to Take It:
Therapy should begin with lower dosages and increase gradually, depending upon response.
Pediatric
Adjust the recommended adult dose to account for the child’s weight. Most herbal dosages for adults are calculated on the basis of a 150 lb (70 kg) adult. Therefore, if the child weighs 50 lb (20 - 25 kg), the appropriate dose of lobelia for this child would be 1/3 of the adult dosage.
Adult
The following are recommended adult doses:
Dried herb (infusion or decoction): ¼ - ½ tsp herb in 8 oz of water, preferably mixed with other herbs. Steep 30 - 40 minutes and take 2 oz (60 mL), 4 times daily. (This method is not preferred because of lobelia’s acrid taste.)
Liquid extract (1:1 in 50 % alcohol): 0.2 - 0.6 mL (4 - 18 drops), 3 times daily
Tincture of lobelia: 0.6 - 2.0 mL (18 - 60 drops) daily
Vinegar tincture of lobelia (1:5 in dilute acetic acid): 1 - 4 mL (20 - 120 drops), 3 times daily
Precautions:
The use of herbs is a time-honored approach to strengthening the body and treating disease. Herbs, however, contain substances that can trigger side effects and interact with other herbs, supplements, or medications. For these reasons, herbs should be taken with care, under the supervision a health care provider.
Lobelia is considered a potentially toxic herb. Active substances in lobelia bind to nicotine receptors in the nervous system and can cause serious symptoms, such as profuse sweating, nausea, vomiting, diarrhea, tremors, rapid heartbeat, mental confusion, convulsions, hypothermia, coma, and even death. You should not exceed a total daily dosage of 20 mg lobelia. Doses higher than 500 mg are highly toxic and could be fatal.
People with high blood pressure, heart disease, tobacco sensitivity, paralysis, seizure disorder, and shortness of breath, and those recovering from shock should not take lobelia. Pregnant and breast-feeding women should also avoid this herb.
Possible Interactions:
There are no known scientific reports of interactions between lobelia and medications. However, based on some of the chemicals contained in lobelia, use caution with the following medications:
Psychiatric medications, including anti-depressants, anti-anxiety agents, and stimulants
Alternative Names:
Asthma weed; Bladderpod; Gagroot; Indian tobacco; Lobelia inflata; Pukeweed; Vomitroot
Reviewed last on: 1/16/2007
Ernest B. Hawkins, MS, BSPharm, RPh, Health Education Resources; and Steven D. Ehrlich, NMD, private practice specializing in complementary and alternative medicine, Phoenix, AZ. Review provided by VeriMed Healthcare Network.
Supporting Research
Bradley P, ed. British Herbal Compendium. Vol. I. Dorset (Great Britain): British Herbal Medicine Association; 1992: 149-150.
Brinker F. Herb Contraindications and Drug Interactions. 2nd ed. Sandy, OR: Eclectic Medical Publications; 1998:93-94.
Davison GC, Rosen RC. Lobeline and reduction of cigarette smoking. Psychol Rep. 1972;31:443-56.
Dwoskin LP, Crooks PA. A novel mechanism of action and potential use for lobeline as a treatment for psychostimulant abuse. Biochem Pharmacol. 2002;63(2):89-98.
Gruenwald J, Brendler T, Christof J. PDR for Herbal Medicines. 2nd ed. Montvale, NJ: Medical Economics Company; 2000: 479-480.
Karch SB. The Consumer’s Guide to Herbal Medicine. Hauppauge, New York: Advanced Research Press; 1999:127-128.
Lim DY, Kim YS, Miwa S. Influence of lobeline on catecholamine release from the isolated perfused rat adrenal gland. Auton Neurosci. 2004;110(1):27-35.
Mazur LJ, De Ybarrondo L, Miller J, Colasurdo G. Use of alternative and complementary therapies for pediatric asthma. Tex Med. 2001;97(6):64-68.
Newall C, Anderson L, Phillipson J. Herbal Medicines: A Guide for Health-care Professionals. London: Pharmaceutical Press; 1996: 187.
Rotblatt M, Ziment I. Evidence-Based Herbal Medicine. Philadelphia, PA: Hanley & Belfus, Inc; 2002:259-261.
Stead LF, Hughes JR. Lobeline for smoking cessation (Cochrane Review). In: The Cochrane Library, 1, 2002. Oxford: Update Software.
Subarnas A, Tadano T, Oshima Y, Kisara K, Ohizumi Y. Pharmacological properties of beta-amyrin palmitate, a novel centrally acting compound, isolated from Lobelia inflata leaves. J Pharm Pharmacol. 1993; 45(ISS 6):545-550.
Subarnas A, Tadano T, Nakahata N, et al., A possible mechanism of antidepressant activity of beta-amyrin palmitate isolated from Lobelia inflata leaves in the forced swimming test. Life Sci. 1993;52(3):289-96.
Subarnas A, Oshima Y, Sidik, Ohizumi Y. An antidepressant principle of Lobelia inflata L. (Campanulaceae). J Pharm Sci. 1992; 53(7):620-621.
White L, Mavor S. Kids, Herbs, Health. Loveland, Colo: Interweave Press; 1998:22, 35.
October 12th, 2009 at 10:00 am
Using chemical substances to produce a performance that would be different without its use has to stop. I really don’t care what form “stopping it” takes. Until then, I echo Mike’s sentiments: Find yourself another sucker.
October 12th, 2009 at 10:06 am
If you don’t use it you can’t test positive for it.
Let’s get back to hay and oats like Europe, Great Britain, Australia, Hong Kong etc.. We North Americans are competely out of step and the excuses are totally tedious.
October 12th, 2009 at 10:26 am
Okay. I had another cup of coffee and thought about this a little further. (Oh, now I’m positive for caffiene –whoops.) That’s my point. If you applied the Pennsylvania standards to humans then:
8 out 10 commercial pilots would be sent home. Going to Chicago tommorrow? Forget it.
Your bank? Sorry, closed. 80% of the tellers tested positive for cocaine. Side-effect of handling money. Probably explains the financial collapse. Too stoned to count the bills.
The Pennsylvania Racing Commissioners? Took the same test. Seems they violated the terms of their employment contract. Too much saccharin in their systems.
Diligence is necessary, but it has to have a base in reality. In Pennsylvania’s case (and probably others) it has exceeded its agenda to such a point that it has declared itself redundant. It no longer serves a purpose.
October 12th, 2009 at 11:01 am
I believe racing should ban race day meds but this article is trying to explain that horses do not have to be treated with a substance to test positive when the standard is picograms. At that level environmental contamination is a very likely culprit.
Wiliam Webb, it is absolutely incorrect to claim “If you don’t use it you can’t test positive for it.” If all the people commenting here were drug tested at the picogram level, many would test positive for a substance they did not even know they had any contact with.
The author is not defending or advocating drug use, he’s complaining about the picogram testing level that is falsely identifying good, innocent horsemen and women as dopers.
October 12th, 2009 at 11:13 am
The ignorance above is astounding. Did you people not understand the levels found? One particle per trillion? If you had your own urine or blood tested by these labs, you can be sure they would find levels of drugs you had no idea were in your system. Have you eaten any poppy seed bagels lately? Did you feel drugged from them? The lab would say you were doped up. Try to be just a little reasonable and rational. There is much that is out of the trainer’s control. He cannot test every mouthful of hay, every piece of straw, every grain in the feed bag, not to mention residue on the hands of every person handling his horse. Do you people actually think he would risk suspensions and fines for one particle per trillion, believing that amount could help him win the race?
October 12th, 2009 at 11:14 am
“it pains me to read the above responses condeming all trainers and the sport. This is the sort of rhetoric I’m accustomed to hearing from people who get no closer to a horse than touching the screen at their local OTB”
Not all trainers are cheats, and everybody knows who the cheats are, yet nothing is done about it.
I am not crazy or a conspiracy theorist, and I have been on the backside for over 20 years. What I wrote above is all true. Yet there are many well intentioned or just naive people who attack the message and let the guilty continue to violate the game. Again ask Andy Beyer, he couldn’t find one journo to back him up? Look at baseball, sure Canseco is a clown, but is anybody still thinking what he wrote is a lie? At the time of his publication, 90% of the public and media were killing him.
And another thing, if not for the bettor there would be no game, so don’t get all holier than thou, it’s just your insecurity and a lame attempt to mute the message.
October 12th, 2009 at 12:48 pm
I have to agree with Dave.
I too have been in the industry for close to 35 years now.The number one thing is drugs and the real beef is the name trainers who do it day in and day out receive a slap on the hands.I also think the track vets should also be held more responsible also tho’.Everybody blames the trainer,but few ever blame the vets that are the only ones to legally possess needles on the backside.We need uniform drug testing procedures in all racing jurisdictions.The same rules,the same allowable levels and anything beyond that they need to be reprimanded.
The levels of performance enhancing need to be drawn up and violaters need to be dealt with………..no questions asked.First violation,one month with probation,$1000.00 fine;Second violation,six months off of all racing jurisdictions with horses going to other trainers not associated with said trainer,$5,000.00 fine.Third offense,one year,$10,000 fine.Fourth offense,banned for life and a $25,000 fine.
Some say oh,but there is no way you can do that because you can’t test hay & grain.It’s called trainers responsibility.You mean to tell me that no trainer doesn’t know what goes into each animal under their care.If they don’t then it’s one of three things—-they’re stupid,they don’t care or they really don’t want to know.When I trained,I did…………..I also never had a bad drug test in 12 years of training on the track.
It’s true,not all trainers are cheats.But the sad thing is that the stewards know who they are and do nothing till it shows up on a test.The bad own the backside tho’.They continually receive bad tests and then let’s let the lawyers fight it out while they still continue to train and race.
We need mandatory levels in all states as well as mandatory punishment in all states.Until that happens,nothing will change.The racing industry will continually be under the assault of animal rights activists and people who just don’t trust horse racing.
The time is now to stop the discussions,and studies that do nothing but talk about it.It’s time for The Jockey Club to stand up and get every racing jurisdiction together and set up mandatory rules and levels allowed.Then it’s time to educate the public.
If something doesn’t happen soon,then we’re right back to gravel road racing,where everything is allowed but horse racing as an industry will die.They’d all be on a level playing field then and John Q. Public won’t matter any more.They’ll be no more bets made.
October 12th, 2009 at 2:04 pm
For people who may not understand what 1 picogram is, it is equivalent to 1 second in 32 years.
October 12th, 2009 at 2:27 pm
They should just release the names so we know who tries to take edge. That way owners will send them more horses. There are owners out there that love these guys. Thats the problem. They have no shame. They just want results no matter how it’’s done.
October 12th, 2009 at 2:28 pm
The truth of the matter is that both sides of the argument have merit. There is no question that distinctions must be made between tiny traces of drugs and larger amounts. At the same time, though, the industry continues to lose both owners and bettors (many of them big) as a result of the cheating that has, and to some extent continues to plague the game.
As some have touched on, the punitive measures need to be far more severe when warranted, as there is simply no real disincentive to cheat without serious penalties.
October 12th, 2009 at 2:47 pm
I am not surprised by the tone of the early comments to my post. In horse racing there is a type of chemical warfare that goes on in training and this cannot be denied. Some of this chemical warfare is done with legal, therapeutic drugs and some is done with illegal drugs. We all want those who use illegal drugs to be punished. My point is it is important to realize how difficult it is for a trainer to defend himself/herself when a foreign substance is found in a postrace test.
If a person is accused of a crime or even a traffic violation he is entitled to due process where the state has a burden of proving the person is actually guilty. That burden is “beyond a reasonable doubt” in criminal cases and “by a preponderance of the evidence” in others. No one would suggest that we do away with these basic principles but people are quick to light the torches and sharpen the pitchforks when it comes to trainers who have a positive test. The same trainers who call for the heads of the cheaters sometimes find themselves with a positive test for a drug they never heard of before.
Since it is not possible for the state to be present at the actual administration of a drug horse racing has a unique way of holding trainers responsible. It is called the trainer responsibility rule which varies somewhat from state to state but basically has the same terms. In PA it states that the only burden the state has is to show that a foreign substance is present. It is not important how it got into the sample or whether the trainer was 1,000 miles away at the time.
After showing the drug was present the burden shifts to the trainer to prove he was not negligent in letting the substance get into his horse. When trainers are punished for a drug violation they are never convicted of being guilty in the drug’s administration but they are convicted of negligence. How does an innocent trainer prove that he was not negligent when he never heard of the drug? As I said previously when there are only a couple of positives for a drug the trainer is almost doomed.
But common sense and logic must come into play here. When trainers are using an illegal drug and the first few positives are called the other trainers using the drug stop using it. Who wouldn’t stop using under these conditions? With lobeline (and aminorex) when a certain number of positives are called, rational people start to realize that the trainers must be innocent through common sense alone. It might register with some racing people after 4 or 5 positives but when it gets to 15, 20, 30 even the testing people are forced to conclude something is wrong.
Do you believe that some trainers noting the first 20 lobeline positives continued to give it to their horses? Is anyone that stupid? Do you believe that one of my clients noting 20 lobeline positives including one of his own would continue to give it to his horse leading to a second lobeline positive three weeks later? Is anyone that stupid?
So what does the racing commission do? Do they pull an Emily Litella and say “never mind”? What about the purse money? Why should anyone believe that the next positive test they call for an obscure drug (bitolterol) is not environmental contamination punishing an innocent trainer? Some people are comfortable with the idea of punishing 5 innocent people if it also punishes 5 guilty ones. I am not. The can of worms is open and now there is no good answer. — Alan Pincus
October 12th, 2009 at 3:12 pm
Questions for a chemist or a pharmacologist: How much dilution would occur with Lobelia with the administration of Salix? What factor of magnitude are we talking about? In other words, how much Lobelia would have been administered - in conjunction with Salix (assuming that all these positives came from horses on Salix) - to produce the results at the center of this investigation? Is it possible that these positives truly did come from ambient sources - such as feed or bedding?
We are aware of the dilution effects of Salix. How do they apply here?
October 12th, 2009 at 3:21 pm
I’ve been in the business 35 years and agree with Jeff. Everybody knows who the “cheaters” are on any given racetrack, but nobody in authority wants to do anything about it. UNLESS one of those cheaters crosses some official and THEN he becomes a target and gets caught. But , the officials don’t care if the other trainers and owners are being stolen from. They only give a crap when they get a personal problem with one of those cheaters.
October 12th, 2009 at 5:03 pm
Integrity. The lack of it has robbed the sport of it’s most precious asset… TRUST.
Cheaters steal the purse money, take the glory, and ruin the accuracy of the “best horse winning”… so what was left in the wake of three decades of abuses and greed and sorry leadership is FAR worse. A sorry genetic pool, and inmates running the asylum. Sadly, the building blocks to make things better are compromised. Without trust, and faith that you’ll get a fair shake, why buy a racehorse? Or bet on one? Thirty years from now, are we closer to a clean sport with real leadership and vision, or are we closed?
October 12th, 2009 at 5:09 pm
Don’t even begin to tell me a bronchial dilator is an accidental contaminant. I have personally required numerous BD for chronic breathing conditions over a period of many years. There is no doubt that all drugs in this class increase energy, stamina and speed. Because they can be given to a horse with a nasal mask, the majority of the drug is absorbed by the lung, with only a tiny fraction absorbed systemically, which explains the trace positive. Excess use of BDs can cause cardiac arrest in humans as well as horses.
As to the Aminorex being ruled an accidental contaminant, I have serious doubts. Back in the early 1990s, we had a horse who was a severe bleeder. We gave him l ots of time off to heal, and he received every known veterinary treatment at the time. An estrogen like drug designed to stop bleeding in child birth was also was very popular at the time.
One of the preeminent racetrack vets at the time proscribed a series of treatments with ‘Sheep Wormer’ . He reported that horses who were bleeding thru lasix were now running without bleeding and were winning. We decided to try it in a morning work, needless to say, the horse bled and was retired. But way back in 1992 people would have gotten Aminorex positives except that the testing was too crude.
October 12th, 2009 at 6:40 pm
No way is zero tolerance bad for racing, it is the other way around. I believe that drug is the cause of the decline in Patrons and also the cause for so many horses breaking down.
October 12th, 2009 at 7:19 pm
Lobelia inflata is a weed that grows wild in the United States. It grows in all the east coast states except Florida. From there it’s range is all the way west to Oklahoma & Nebraska and all the way south to Louisiana, Mississippi, etc. It’s northern range extends well into Canada.
If you live in those areas, go look up a picture of it. If you let your grass grow or have an un-mowed pasture you will probably see it. And you have almost certainly seen it growing on the roadside but didn’t recognize it.
It’s in the pasture where I graze my draft horses and it’s also in our hay field. I would bet anything that if my horses were tested for it at the level of ONE PARTICLE PER TRILLION THEY WOULD TEST POSITIVE although I have NEVER administered it to them. At that level they can test positive if they just nibbled it or breathed its pollen in the air. It also accidentally gets in hay because it grows wild in hay fields.
This is not rocket science, people. Read the article. As others said, Mr. Paulick & Mr. Pincus are NOT talking in favor of drugs. They’re talking about overly sensitive testing that produces false positives. I am very much in favor of zero tolerance but the testing levels must be adjusted to make sure they’re not picking up unavoidable accidental exposure to weeds like lobelia.
October 13th, 2009 at 12:55 am
Mr. Pincus
The testing of one picogram may be too minute to affect performance but as one reader mentioned, you have the dilutent effect of lasix. As to whether I think people would continue to use lobelia after 20 positive tests, you have to realize that these positive tests are rarely made public and most trainers would not have access to the number of positives until someone like Ray Paulick breaks the story.
Not all racing commissions and racetracks are interested in cracking down on cheaters. As an example, back stretch rumour was that a particular Hall of Fame trainer who was alleged to be a big gambler had 92 positives for etorphine before he was discreetly advised to enter horses in an assistant trainer’s name. Many on the backstretch were aware of the positives but because swift and strong punishment was not forthcoming, use of the drug became common. It was not stupidity that caused increased use of the drug, but the knowledge that racing officials were aware of its use and doing nothing to stop it. Eventually a trainer overdosed a horse and the horse behaved like a crazed crack head in the paddock in full view of the patrons and the media. Finally, it couldn’t be hidden any mor and its use stopped. There were suspensions for some. This created a change in the business whereby previously trainer/drivers transferred their training duties to assistants so they would not lose their incomes from driving if a suspension was issued for a drug positive.
One question that must be answered if ‘environmental contamination’ is used as a defense is: Why are all of these contaminants performance enhancers and NOT performance detactors? Logic would dictate that our society’s over reliance on drugs for anxiety, relaxation and sleep aids would create a multitude of positives for performance detractors but this is not the case.
Zero tolerance may not be perfect, but it’s the best we have for now.
October 13th, 2009 at 4:00 am
I think that there must be zero tolerance for a physical test. The reason i say this is because trainers are not able to be punished for dramatically improving a horse visually, on the Beyer scale or the ’sheets’ scale. If a trainer who has a horse who improves in leaps and bounds overnight is suspected of cheating because of the dramatic improvement, that trainer can just say “i dewormed him, i didn’t cheat” and you have to just sit there and accept his denial because you don’t have a positive test.
If we were able to toss people out of racing for privately purchasing a horse who ran Beyers in the 70s and then all of a sudden, under his care, the horse ran a 107, than we wouldnt need tests, we would just go on the assumption that dramatic improvement means you cheated.
Unfortunately, the legal system of our country needs ‘the murder weapon’ to convict.
I do ‘feel’ for the innocent trainers who get the shaft on an accidental contamination, but what can you do?
The USA needs to do what Europe and JRA do, have much stricter standards and much harsher punishments.
October 13th, 2009 at 10:51 am
Zero tolerance is tough due to advanced testing technology however, racing is very sick and it must create a central authority to prevent conflicts of interest between state racing officials and the horsemen and vets they need to control.
Sadly, the industry tolerates abuse of horses, drugs and cheating which has attracted too many miscreants. Shame is gone and the code of silence protects evil. The good owners and trainers –who should be protected and rewarded– either quit in disgust, go out of business after loosing horses to abusive and cheating trainers or have to cheat to stay afloat.
The widespread abuse of drugs and horses break and kill many. Yet horses can train, race and win classic races without drugs.
Aside of the need to end the incestuous relationship between state racing authorities and horsemen, vets and track executives, the HBPA and other horsemen groups need to stop defending drugs and cheaters (even paying their legal bills) and take the high road to save and improve racing.
A central authority needs to rule racing with an iron fist in order to flush the miscreants out, to bring order and synergy nationwide, safety and integrity to make it appealing to the outside world.
Jockeys with their very own limbs and lives on the line have the ultimate power to demand change yet they fail to take responsibility for their own lives, never mind the live of their horses. They volunteer to ride all horses entered across the country each day without knowing their medical history, how numbed and dangerous their mounts may be. They should never count on anyone but themselves to protect their lives. All the safety equipment in the world means squat against 1,200 lbs breaking and crashing on top of them after racing at 40 mph.
Jockeys should not count on pre-race exams when performed at all. Official vets are ill-equiped and under tremendous pressure against scratching horses from horsemen, racing officials, racing secretaries and track owners.
Pre-race examiners should be equipped with the electronic medical record of all horses since they examine them (when they do) after they have been thoroughly drugged and numbed on race day. Exams should be done at random and often.
With their lives on the line, jockeys are in the driver’s sit and can force change. They must stop being the ultimate enablers. They must demand no drugs at least on race day and before a race, complete transparency about the health of their mounts and have their reps review equine medical records to protect them. What they would discover would scare the hell out of them and force reforms to prevent most accidents.
Drugs are not needed to train, race and win races including classics. This “chemical warfare” is insane and lethal. As long as owners are in racing for honorable reasons, are patient enough with their horses and trainers, as long as trainers are skilled and horses benefit from a healthy routine with plenty of exercise time, rest as needed, excellent training facilities and healthy stables, horses are far better off without chemicals.
To attract and retain honorable owners and trainers drugs should be banned and rest and retirement officially mandated as needed.
Vets make a killing selling drugs then repairing broken horses. How much shady business is hidden behind the self-erected trainer/vet privacy-shield? Trainers and vets are not on top secret missions involving our national security. Such secrecy is lame and evil. Owners and trainers find themselves on both sides of the buying, selling, claiming fence sooner or later and they should welcome transparency and improve racing.
John Sabini would like to have 45-day worth of equine medical history disclosed before a race and he is right. Keeping and delivering complete electronic equine medical records can and must be done everywhere and for all horses for many reasons. An ounce of prevention is worth a pound of cure. Except on rare occasions –like before the Breeders’ Cup 2008– racing underestimates the power of transparency, honesty and accident prevention and how the cost of safety and integrity is a worthy investment.
Whatever is done should be rare, honorable and fully disclosed.
Horsemen never ask for scientific studies before injecting chemicals into their horses. They certainly never demanded scientific stats before injecting and stacking-up anabolic steroids. The need for scientific studies only goes one way with horsemen: to stall a drug ban. Some horsemen (and vets) stalled the anabolic steroids ban for over a year that way.
Racing needs to operate under uniform rules and a strong central, state neutral authority, to prevent contamination, doping, and to substantially boost safety and integrity for horses and jockeys along with security, surveillance, tough investigative and legal teams and harsh punishment for offenders.
Barry Irwin came up with the great idea of on-track drugstores. I would add to his idea: where only approved therapeutic drugs would be dispensed in therapeutic doses only because most therapeutic drugs only have a narrow therapeutic range and are not administered to cure horses at the track but to maximize exploitation in minimum time. All drugs would be given under video cams, in front of officials or by official vets. Private vets would carry no drugs and would be easy to search. Sealed emergency packs would be available to them 24/7. Clenbuterol and other dangerous bronchial-dilators would be out. Air-Power, Vicks type would be allowed. Get rid of Salix and all drugs starting with two year olds. No drugs and no destructive fractions which prove nothing at two year old sales, etc.
Somehow horse racing manages to operate above the law and under the radar of the FBI.
The industry has a choice: continue its orgy of cheap races and dangerous races and a seedy reputation at best –the public is far beyond “perception”, it really gets it– or clean-up, shrink to offer marketable quality and safer, festive and anticipated racing.
October 13th, 2009 at 7:07 pm
Thanks to all the bloggers who are intelligent enough to read the article correctly and keeping an open mind. I am one of the trainers with a positive. I shipped in from KY. I had never heard of Lobeline until I was informed of my positive for this drug. My best guess is this wild flower is in the hay and I believe they are currently testing horses being fed this hay with the Lobelia plant to see if they can duplicate the numbers found in these positives. My split came back 2 picograms. I have seen a couple blogs where you cynics say they levels are low because we give Lasix. One of the trainers (maybe more now since I hear there is up to fifty positives now) doesn’t give Lasix to his horses. In 1999 there was a New Jersey prison gaurd who was fired after his drug screening test showed a positive for Opiates from a poppy seed bagle he ate. After seven months they finally reinstated this man. Why do you all feel these things can’t possibly happen in the horse racing industry without being a cheater? I too always wondered when trainers received bad tests what they were thinking, risking their livelihood. Just let something like this happen to you once and you will quit judging people before all the facts are in. I am sorry but when you start testing at these extremley low levels there is no such thing as zero tolerance, there just can’t be. I believe Olympic athletes are allowed higher levels than 1200 pound animals.
October 14th, 2009 at 11:52 pm
You know,I forget where I read it but have you ever noticed that all of these illegal substance bad positives are always for performance enhancers but there has never been a bad test for a non-performance drug.Go figure……………….must be environmental only.
October 16th, 2009 at 3:37 pm
Sometimes I am amazed at how stupid some people are.
October 19th, 2009 at 2:34 pm
Ignorance is temporary; stupidity is forever.
All you ignoramuses who are in favor of zero tolerance and testing at the picogram level (especially Jeff who posted on October 12): go out and eat two poppy seed bagels. Then go take a drug test the next day where they test at only the nanogram level for that new job you just got. Now complain and cry when you test positive for an opioid and don’t get the job.
Drug testing is not an exact science, not even close. Most people in this forum are not stupid but rather uninformed or not up to date with certain things related to the subject.
Before you do make a comment which will prove to be stupid, educate yourself by having a good knowledge of the subject!