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Amid all of the hub bub from last week’s Media Tour, it was announced that NASCAR was adding the drug policy to it’s rule book for each series.  The 2009 season was the first for a hard and fast policy against substance abuse for NASCAR, and needless to say, it didn’t go so well.  An actual written policy or list of banned substances was never really published, so the news that NASCAR is finally putting one out is certainly a step in the right direction.

Since we started this site in April 2008, we’ve written about drugs and testing no less then seven times (and that doesn’t count the majority of the Mayfield posts).  You can see those old posts by browsing around this link.  One of those posts I wrote in May of last year addressed this issue specifically.  In it, I wrote:

As a NASCAR licensee and hard card holder, I’ve suddenly realized that my career could be in serious jeopardy because I don’t know what I can and can’t use.  I’m not a doctor, and I’m not up on what is against the rules and what isn’t.  I’m certainly not using any performance enhancers, and I don’t use recreational drugs, but this really scares me. 

Now, that the official policy has been put out there, I feel a ton better about the testing program.

I’ve actually seen the full version of the policy and while I won’t recreate it here (not sure if it’s allowed) I will tell you that the text covers prohibited substances, medications, alcohol, supplements, testing, disciplinary action, and self-reporting among other things.  The policy applies to drivers, crew members, and officials.

While I can’t pronounce most of the substances listed (see dehydryochlormethyltestosterone), it’s comforting to know that we at least have something we can refer to in the event we have a question about a substance or the testing procedure.  NASCAR cannot claim to have an effective policy without having a list of banned substances and a published version of the policy for all to see.

Now that we’ve gotten a list though, I still think NASCAR should take more from the other sports leagues’ policies and implement things like a drug hotline.  I’ve heard that the drivers can call the infamous Dr. David Black with questions about the policy, but there needs to be a liaison for the crew members as well.  They need to give us every opportunity to make sure we are doing things right and not putting substances into our bodies that may cause us to test positive.

After a rough rookie campaign for the drug policy, we certainly have to give NASCAR credit for continuing to improve on it.  The nature of substance abuse is constantly changing, and NASCAR needs to be diligent in making sure their policy changes with it.  They now have a solid base to work from, but more improvements are still needed.

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by Holly Cain

Filed under: Sprint Cup

In his first national one-on-one television interview, suspended NASCAR driver Jeremy Mayfield continued to deny drug use and accused NASCAR of using him as a "a good pawn who wasn't going to cost them any money at all.''

Mayfield, who was suspended indefinitely by NASCAR for testing positive in a pair of drug tests this May, made the assertions on ESPN's Outside the Lines show, which will air Sunday at 9 a.m., hours before the green flag drops for the Sprint Cup Series race at Martinsville, Va.

It's been widely reported that the positive test revealed use of methamphetamine, something Mayfield has denied. He claims the tests were a "false positive," the result of his use of Adderall, a prescription drug for attention-hyperactivity disorder, combined with the common allergy medication, Claritin-D.

Jeremy Mayfield: 'I Was Worth More ... As A Failed Drug Test' originally appeared on Motorsports FanHouse on Fri, 23 Oct 2009 12:45:00 EST . Please see our terms for use of feeds.

 

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As I sat here this evening trying to decide what I was going to write about I couldn’t help but think of the almost daily bad news coming down on Jeremy Mayfield. Now I’m not going to talk about his guilt or innocence here. It is frankly irrelevant to the post. But I thought it might be interesting to look at what Mayfield is now facing.

On May 9 Jeremy Mayfield was suspended indefinitely by NASCAR for failing a drug test administered to him at Richmond. NASCAR refused to name the drug/s Mayfield tested positive for.

As the week progressed Mayfield claimed he failed the test over a mixture of Claritin-D and a prescription drug. NASCAR drug test administrator Dr. David Black of Aegis Sciences Corporation said that was impossible.

Fast forward, Mayfield and attorney Bill Diehl filed suit against NASCAR seeking among other things a temporary restraining order that would allow Mayfield to compete. A Mecklenburg County judge heard the case May 29. He denied Mayfield’s request. During the hearing we learned the driver was taking Adderall for ADHD and Claritin-D. According to NASCAR there was a third drug they did not name. Mayfield’s attorneys did not submit the toxicology report.

Prior to bringing the case before a Mecklenburg County judge the following week NASCAR requested the case be moved to Federal Court. The request was granted.

On June 5, NASCAR countersued Mayfield in Federal Court claiming willful violation of the substance abuse policy, breach of contract, and defrauding competitors of earnings. The suit claims Mayfield failed to notify Dr. David Black of his change in prescriptions in accordance with the drug policy and also that he defrauded his fellow competitors of $150,000.

ESPN the Magazine’s Ryan McGee, reported on June 9 that he had confirmed with two independent sources that the illegal drug Mayfield tested positive for was Methamphetamine. This allegedly was the third drug that showed up on Mayfield’s failed test.

This week chassis and engine builder Triad Racing Technologies filed suit in North Carolina Superior Court against Jeremy Mayfield Motorsports for $86,000. They claim they were not paid for parts and services rendered.

On top of this, NASCAR filed a motion in federal court on Tuesday alleging the expert witness used in Mayfield’s lawsuit lied about his credentials. Among other things NASCAR claims Dr. Harvey MacFenerstein did not have medical degrees or certifications he claimed to have. MacFenerstein claims he told Mayfield attorney John Buric the qualifications listed in the affidavit were incorrect and Buric assured him they would be corrected. NASCAR is asking for reimbursement in defending itself against Mayfield, that MacFenerstein’s testimony be dismissed, and that Mayfield’s attorney’s be sanctioned for failing to conduct a reasonable inquiry into MacFenerstein’s credentials.

Now I’m no legal expert, but I think it’s fair to say Mayfield is in it up to his neck. He has one lawsuit against NASCAR (which looks now to be on very shaky legs) and two separate lawsuits against him. Not to mention Mayfield’s means for making money has been cut off. On top of this he is financing a legal team headed by Bill Diehl which I can tell you is not cheap.

They say hindsight is 20/20 and I’m guessing Mayfield is beginning to wish he hadn’t taken on NASCAR. This is a company that has its own legal department with half a dozen+ attorneys. On top of their own team working on this they have Winston-Salem attorney Paul Hendrick and his team. Also working in NASCAR’s favor is their unendingly deep pockets. They can afford to drag this case and their own case out for months. I highly doubt Mayfield can.

Long story short, I’m glad I’m not Jeremy Mayfield.