IN FOCUS: TESTING POSITIVE IN A RANDOM DRUG TEST

On December 10th, 2022 at the Canterbury Flat Track Champs, I was selected for a random drug test. I tested positive for THC. I didn’t know much about drug testing before then, but I sure as hell know a shit load about drug testing now.

Have you even been so God-damn sure of something that you would happily bet your bike on it? This was me at the Canterbury Flat Track Champs, only to test positive for THC – the psycho-active substance found in cannabis.

On Saturday the 10th, I flew from Tauranga to Christchurch to compete in the Canterbury Flat Track Champs at Moore Park - a Speedway New Zealand event. My first excursion into South Island Flat Track racing and I was pretty amped up about the trip. It was going to be two-days of racing – a championship event at Moore Park on the Saturday night, followed by a day race at Ellesmere on the Sunday.

Scott Wilkins drove a few of the boys bikes down for those factory enough to fly. The track looked awesome and the atmosphere was building all afternoon. Before racing was to begin, myself and the others from the North Island were allowed to have four practice laps around the track as this was the first-time racing at the venue. This was before any drug testing was initiated on me just as an FYI. Between then and the start of the racing programme, I was randomly selected to complete a TDDA oral fluid drug test. As I am a person who does not consume alcohol or drugs, I had no concerns about having this test. However, it seemed like a bit of a last minute thing as I had already taken to the track for practice.

The test was quick to show I was clear for all the banned drugs on the list, except for THC - this drug took a very long time for the control marker to appear. Eventually, and to my surprise, my test showed a ‘not negative’ result for THC. This label appears to be the new wording replacing ‘testing positive’. Why, was a mystery to me, until later research showed that these oral swabs are not exactly accurate. As I had not consumed any cannabis, I insisted that the test showed a false positive result. I requested to have a second test, saying I was happy to complete another oral test, or even better, provide a sample of urine (which as it turns out after my research) is a far more accurate test.

After again reading the Speedway manual, I would also note that the Steward of the day was not present during my drug testing, as per SNZ rule M6-12-4 'Any competitor official or crew can be subject to the appropriate tests, which will be made under the supervision of the Steward." So even the procedure was not carried out in accordance with SNZ rules.

None the less, the Steward of the day was eventually notified of my false positive and said he would have to call someone for verification around my request for a second test, and after discussions on the phone to who still remains a mystery, my request was denied. The reasoning being that TDDA was only contracted to do 10 tests at this event. I said I would pay for the second test myself, however I was informed that even if the second test came back clear, I was still not going to be able to race that evening. I was told this was SNZ rules and their hands were tied. This meant I was unable to prove that I was in fact, drug free and all clear to race.

Tony Cutler, the riders rep for the day was with me when the steward formally excluded me from the event, and informed him that I had tested not negative for THC and that I had asked for a second test, but was not allowed to have one. This piece of information will appear later on in my proceedings with SNZ.

Not only that, but I was instantly fined $200 (meaning I cannot race again until that is paid), a mark had been placed against my racing license, and I was stood down from racing until 2023. No matter what I requested, this was the final decision, and I was left to watch the boys race all night on what looked like a pretty wicked track, even though I knew this was all kinds of wrong.

It is funny though…how the brain works. Even though I knew that it was a faulty test, I still had moments of…‘what if I do have THC in my system? When did I last have brownies? Could they have been spiked? Are my supplements laced?’ Even when I knew for sure, a shred of doubt still lingered.

I made it back home on the Sunday evening and come Monday morning, I went and got a urine drug test on with TDDA here in Tauranga, at my own expense. This can test for THC up to 30 days after use. My urine sample, of course, was clear.

The anger had already subsided by then and it was more a case of just pure disappointment and sadness. I was let down by Speedway NZ’s drug testing process and rules. The right thing to do would have been to provide me with a second oral fluid test or preferably have been offered a urine test – both of which cost the same through TDDA. In fact, after research around this, of which I am now well versed, it seems oral saliva tests are fast becoming obsolete with many false positives across a whole host of sporting codes.

I sent all my findings and the above explanations to the GM of SNZ with the following requests;

The $200 fine waived
The stand-down period removed
The mark against my racing record removed
Reimbursed for the urine drug test; total cost being $103.00.
Reimbursed for the loss in travel expenses to attend the race I was denied to compete in; total (conservative) cost being $1100.00.
A review of your drug testing process.

If a second test is requested this should be approved. No one who actually has drugs in their system would ask for a second test just to fail again. There must be a process put in place for when a test shows a false positive, which was the case in my situation. Too much goes into this sport by reputable, law-abiding members of SNZ to have this occur.

They obviously dropped the fine and stand down period but I only ended up being reimbursed for the subsequent drug test I took on the Monday after the event. $103 - that's it…

As for drug testing as a whole, I would like to also note that I am for drug testing. I do not want to be out there racing someone who is under the influence of alcohol or drugs. I suspect that the use of the oral swab method over the urine is because urine shows up drug use that has happened over the past 30 days, whereas the oral is said to be only the last 3 days. Using a urine test would probably rule out 50% of the competitors and their crew that attend SNZ events. Having said that, I also believe there are no cognitive effects on someone today, who smoked cannabis two weeks ago.

So, what’s the answer? Well, give a competitor a second test it seems, after a phone call from Zoe Irons, SNZ General Manager. She claims there are differences between my account of what happened and what she has been informed happened from the Moor Park Speedway Officials. She is under the impression that I was offered a second test, which the Riders Rep Tony Culter can confirm I was denied. So that just pissed me off as someone from Moore Park is trying to cover their ass I suppose. I can appreciate that people make mistakes and do what they think is right when it might be wrong. And I can get over that. But lying about what happened, especially around something this serious – not cool.

Needless to say, I will never attend an event at Moore Park again. And my advice when it comes to drug testing – if you know you’re clean, make sure you know your rights around getting a second test. I’d even ask what the procedure is if you get a false positive and see what the reaction is. Especially if you have travelled over 1000km and spend over $1000 to race 5x 3 minute races.

Illustrations courtesy of John Hill @ UP-Hill Design Co.

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