Cal Trainers Warned Off CBD Use in Horses

The Cannabidiol (CBD) market is growing faster than a garden weed, and as the vast roots of this multi-billion dollar industry reach further into everyday life, it’s hardly surprising that the racing industry has had to take accommodating actions.

This can be evinced in a California Horse Racing Board (CHRB) notification sent to trainers Friday, warning that use of these CBD products can lead to a positive “for CBD and/or CBD metabolites in blood and urine,” and that, because CBD is currently unclassified in California, a positive would by default result in a class 1, category A drug violation.

“My recommendation to the horsemen is do not use this product on a racehorse that is going to be subject to testing, which is basically all of them,” CHRB equine medical director Rick Arthur told the TDN. “The risk is so out of proportion to the reward that it would be foolish to use this product on a racehorse.”

Under CHRB rules, a class 1, category A violation can lead to a minimum one-year suspension or a maximum three-year suspension. It can also result in a minimum fine of $10,000 or 10% of the gross purse, or a maximum fine of $25,000 or 25% of the purse.

The Association of Racing Commissioners International (ARCI) currently classifies CBD as a lower class 3 category B penalty. The CHRB will likely begin the process of updating the state’s rules to align with the ARCI’s CBD classification early next year, but because of California’s “very cumbersome administrative law process,” the formal adoption of those rules could take another year, Arthur warned.

Until then, a CBD positive will remain a class 1, class A penalty. Still, the stewards have the authority to “modify the penalty out of any sense of fairness,” Arthur said, pointing to language pertaining to “mitigating circumstances” in the rules.

“I suspect that the ARCI has a penalty category B is a [possible] mitigating circumstance,” he added. “But that’s not up to me, that’s up to the stewards.”

Arthur declined to comment if Friday’s notification was sent as a result of any recent CBD positive finding awaiting adjudication, but he added that up to this point in California, there has been no formal complaint filed for a positive finding of either CBD or Tetrahydrocannabinol (THC), the compound in cannabis that creates a psychoactive “high.”

“This has always surprised me because marijuana is commonly used on the backside,” Arthur said.

While derived from both marijuana and industrial hemp plants, CBD is not responsible for any psychoactive effect. Nevertheless, while CBD products are required to contain less than 0.3% THC, lack of regulatory oversight means that some CBD products contain much more THC than that. The ARCI designates a CBD product with more than 0.3% THC as a class 1, category A substance.

The purported benefits from CBD use in horses include treatment of inflammation, ulcers, laminitis, colic, and decreased anxiety. However, “None of these claims are substantiated with independent, peer reviewed research in the horse,” according to a Racing Medication & Testing Consortium (RMTC) cannabidiol bulletin from last year.

Among some of the findings in published literature, CBD has been shown to help ameliorate the pain of osteoarthritis in dogs and ease anxiety in humans. One recent study out of Colorado found a potential correlation between CBD use in dogs and reduced seizure frequency.

In terms of its potential performance enhancing effects–a loaded term with all sorts of broadly applicable connotations–the U.S. Equestrian Federation (USEF) Equine Drugs and Medications Rules prohibit CBD and CBD metabolites in competition.

“CBD, both natural and synthetic forms, are likely to affect the performance of a horse due to its reported anxiolytic effects,” the federation wrote last year. Anxiolytic effects are those related to anxiety and stress reduction. “This substance is no different than legitimate therapeutics that effect mentation and behavior in horses.”

According to Mary Scollay, RMTC executive director and chief operating officer, there are any number of studies currently underway, including on horses, digging down into what medical properties CBD actually has.

“As it stands right now, there is no scientific basis for use in the horse,” said Scollay. As the scientific literature continues to pour in, “we might have to revisit the classification,” she said, but added that she wouldn’t expect any such reclassification “to change much.”

Experts point to the wild west nature of the CBD market at present, with much variability in purity, strength, and safety of these products. A recent study out of Europe found that more than two-thirds of the 14 CBD products tested contained concentrations that differed by more than 10% from the label. As such, in its bulletin the RMTC offers no recommended withdrawal times.

“Bad guidance is worse than no guidance,” said Scollay.

The CHRB notification to trainers states how CBD and its metabolites can be detectable for 72-96 hours after ingestion by the horse, though it provides no indication of dose. According to Arthur, the 72-96 hour designation comes from a study that will be ready for publication early next year.

Arthur said that he is unaware of how widely used CBD products are on the backstretch. Scollay said that when she was working as Kentucky Horse Racing Commission equine medical director, CBD products were starting to become aggressively marketed,” and I was getting lots of calls, people were asking lots of questions about it.”

Scollay warned, too, of the increasing popularity of horse bedding made from hemp plants, and the residual risk of contamination.

“The question there is of the potential for exposure, and is that sufficient to generate a positive CBD test?” Scollay said. “I have heard that at least one project has indicated that that is the case.”

“The all-natural aspect of it, some people equate that to benign,” Scollay said, of CBD products in general, “and that’s not a logical leap.”

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Who’s Your Pick? George Adams

GEORGE ADAMS, Housatonic Bloodstock

Instagrand (Into Mischief), $7,500, Taylor Made

   Of the first-years, Instagrand is a really interesting horse and priced competitively at $7,500 at Taylor Made. If he’d retired after his first two starts, folks would have knocked him on soundness but they’d have bred to him because of that brilliance and the Into Mischief factor, and his fee would’ve been higher. Nothing he did after that changes anything about his juvenile campaign, and physically he’s a beast. Plus, Into Mischief has only gotten hotter. I think the commercial market will really love him, even without Larry Best supporting him strongly at the sales.

Jimmy Creed (Distorted Humor), $10,000, Spendthrift

     I was a huge Jimmy Creed fan last year at $15,000, and Spendthrift knocked him down even more this year to $10,000. I think that makes him hands-down the best value in Kentucky this year —we will book more mares to him than anything else this year.

I’m not the only one who has noticed that he’s achieved great stats with very mediocre mares (7.4% stakes winners to runners and 16.8% black-type horses to runners, including four top-class graded horses, all from mares good for just a 1.01 CI) and there are some very sharp people going in big on him this year. With better-bred crops in the pipeline, he could be the next one on that Kantharos/Munnings trajectory as far as commerciality and stud fee.

Thank you to the breeders and agents who have participated in our ongoing ‘Who’s Your Pick’ series this week. Did you miss a few responses? You can catch up on the entire series here.

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The Week in Review: Greyhound Racing Nears Finish Line in Florida

About 50 miles up I-95 from Gulfstream Park, Abbi’s Frontman won the $100,000 Legacy Grand Championship Saturday night at the Palm Beach Kennel Club, the richest race in the track’s history. But this was not a night to celebrate. With the conclusion of the card, there were only 18 days of racing left until the greyhound track would be forced to close after operating for some 90 years. In 2018, Florida voters approved an amendment that made wagering on dog racing in the state illegal, effectively banning the sport. It goes into effect Jan. 1.

It was the latest and most important victory to date by animal rights activists who have been so successful in their efforts to end the sport that it is close to extinction in the U.S. It is a story of what they are capable of accomplishing and one Thoroughbred racing can ill afford to ignore.

As recently as 2000, there were 45 dog tracks running in the U.S. in 14 states. There were 17 tracks alone in Florida. Once the Florida tracks close, there will be only four greyhound tracks left in the U.S., two of which are slated to close at the end of 2022. The last holdout will be West Virginia, which has two greyhound tracks.

Even Congress has gotten involved with the introduction of H.R. 7826, the Greyhound Protection Act of 2020, which would make it a federal crime to engage in commercial dog racing. Within a few years, the sport will likely have disappeared all together in this country

“The animal rights people did away with the circus, they’ve done away with us and they’re working on SeaWorld,” said Richard Winning, the CEO of Derby Lane in St. Petersburg. “They even were strong enough to get them to take the bars off the front of the box of animal crackers. Animal rights issues are a big thing, especially to the younger generations.”

In some ways, greyhound racing has been its own worst enemy, providing plenty of ammunition for its critics. For decades, thousands of healthy dogs were put down, sometimes in a grisly manner, once their racing days ended. The same fate often awaited other dogs who never made it to the racetrack. In 2002, the New York Times and others reported on the story of a former security guard at a track in Pensacola, Florida who was arrested for the killing of as many as 3,000 dogs. He reportedly was paid $10 each for shooting them after they became too old to race. In 2010, a trainer abandoned 37 dogs after his local track’s season ended and 32 of them were later found dead from starvation. As recently as September, two Iowa trainers were banned after videos showed them training their dogs using live rabbits as lures.

The greyhound industry has taken meaningful steps to make sure that homes are found for retired dogs, but it has been a case of too little too late.

“The things we’re doing now with animal welfare we should have been doing 20 years ago, 30 years ago, for that matter,” said Jim Gartland, the executive director and secretary treasurer of the National Greyhound Association and the former general manager of Arapahoe Park, a Thoroughbred track in Colorado. “If we had done it then we might not be in the boat we are in now. We should have been weeding out the bad apples, including bad apples that operated the racetracks. That would have gone a long way toward helping our cause.”

Dog racing’s biggest adversary has been the organization Grey2K USA, which was founded in 2001 and whose mission is “to pass stronger greyhound protection laws and end the cruelty of dog racing” and says it has more than 250,000 supporters. It recorded its first success in 2008 when Massachusetts voters approved a ballot initiative to end greyhound racing in the state.

“In our case we had the Humane Society and Grey2K fighting us,” Gartland said. “It’s a lot easier to do that with a dog than a horse. They’ll say ‘look at this poor dog, would you do this to your pet?’ The way social media is, it was easy for them to spread misinformation. It’s so tough to fight that and you better have answers and ammunition at the ready at all times.”

After Massachusetts, one state after another started to fall. According to the Grey2K website, greyhound racing is illegal in 41 states and 40 tracks have shut down since the organization was formed.

It didn’t help that wagering on greyhound racing was declining rapidly. Its fan base was growing older and casinos proved to be stiff competition. Another factor was that many track owners were more focused on casinos and alternate forms of gambling than on dog racing, a problem that is familiar to everyone in horse racing. The prevailing wisdom was that some track operators hoped animal rights activists would succeed, which would allow them to continue with their poker rooms, simulcasting operations and, in some cases, slots, without having to hold dog races.

“The problem in Florida started when all the tracks wanted to become casinos,” said Jack Cary, a lobbyist for the greyhound industry. “They wanted to cut back on live racing and they didn’t take care of their core business. They didn’t promote racing and they didn’t change as everything around them changed.”

But ending greyhound racing in Florida looked like a hard battle to win. The greyhound industry was firmly entrenched there, seeped in history, and it was responsible for thousands of jobs. After the bill to end the sport was introduced, greyhound interests dug in for a fight.

“We never thought this would happen in Florida,” Gartland said. “Up until the night before the election, before the first votes came in, we were fairly confident that we had it won. All the polls said that we did. We thought we were safe because of the economic impact the sport had and the fact that we had the agriculture side on our side. We had the support of the fisherman, hunters, gun rights groups. The feeling was that if they were going to eliminate dog racing then they could come for hunters, for fishermen and all the rest. We were very confident this wouldn’t happen to us and it sure as heck did. We were stunned.”

The constitutional amendment–Amendment 13–passed by a 69-31 margin.

“You go from being angry over the misinformation and the lies and how they went about getting this done to the sadness of realizing that 1,500 of your closest friends are going to be out of a job,” Gartland said. “Some of these people have been doing this their whole lives and it is all they know. They forget about the people side of this.”

With the closing of the tracks, there will be hundreds of dogs that will need homes, but getting them placed is not expected to be a problem.

“I assure you that every dog will find a home,” said Sharon Dippel, who runs GST Sunstate Greyhound Adoption. “We haven’t had any problems with adopting these dogs. They are a fabulous breed and they acclimate very easily to home life. They are kind, affectionate, not aggressive and bond to their owners. There won’t be any problem getting them adopted out.”

As for Derby Lane, which opened in 1925 and was once frequented by Babe Ruth while he was taking part in spring training, the facility will remain open for poker and for simulcasting. The Palm Beach Kennel Club, the only other track in the state that is still running, will do the same. But for those who have the sport in their blood like Derby Lane’s Winning, it won’t be the same.

“It’s sad to see it go,” Winning said. “We’ve been racing here for 95 years. The greyhound is the only dog mentioned in the bible. Yes, business has been dropping off slowly. I worry that our sport and, for that matter, horse racing, is like the buggy whip industry. Technology has passed us by. We still have the simulcasting, so we will survive as a business. It’s just sad what has happened. Nobody wanted to go out this way.”

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Breeders’ Cup Connections: At 91 Years Young, Blue-Collar Trainer Dancing His Way Into The Winner’s Circle

It's been a difficult year all around, but there are still a few bright spots out there in the world – you just have to know where to look.

This week, we found that feel-good story down in New Mexico. At the age of 91, trainer Rey Marquez saddled his first winner of 2020 at Zia Park on Dec. 3. It was his 13th starter of the year. 

It was “just” a $10,000 maiden claiming race on a Thursday, but truly it was more than that. It was a rare moment of joy bursting forth from this challenging year, both for Marquez himself and all those who know him.

“I don't know how many 90-year-olds are still training,” Marquez admitted during a telephone interview, noting that he turns 92 on Dec. 22. “But me, I still danced three times a week 'til the place shut down due to COVID – I do a mean cha-cha, gal!”

The horse, Lincoln County Kid, won by a length, and Marquez danced his way into the winner's circle with his trademark grin. It was a good return on investment; Marquez had purchased the 2-year-old gelding for $1,500 just six weeks prior. 

He'd taken a chance on Lincoln County Kid, sight unseen, to help out an old friend: a trainer forced to sell off his stock and leave the business. Marquez remembers telling his fellow horsemen that if things in New Mexico didn't start looking up, and soon, “there'd be a lot of tack for sale.”

It isn't just the pandemic that's dealing raw edges to the state's horse racing industry. Uncertainty about the future of racing at Sunland Park has sent some trainers and owners rushing for the border, and a recent lawsuit filed by the New Mexico Horsemen's Association against the state's commission alleges the latter has been improperly collecting over $8 million since 2004 to pay liability insurance for jockeys.  

“We have a really plum relationship with casinos – we get 20 percent of their net – but right now casinos are closed,” Marquez explained. “On Thursday when I won it was an $8,000 purse, so $4,800 goes to the winner. Last year when I won a maiden race my share was $16,000. 

“Everybody's having a hard time here. I just keep hoping for a miracle.”

Compounding the issue is the fact that account wagering is not legal in New Mexico. With COVID restrictions firmly established at Zia Park, no fans are allowed and thus there are also no mutuels clerks; that meant Marquez didn't have a bet down on Lincoln County Kid when the gelding paid $31.60 to win.

“It's not the best place in the world to be at right now,” Marquez said simply. 

Still, New Mexico has been his home since he and his childhood sweetheart Josephine got married 69 years ago, and he doesn't plan to leave now. There are too many happy memories tucked in around every little corner. 

He and Josephine were married for 35 years, and she passed away 34 years ago this month. 

Rey Marquez (Bernadette Barrios photo)

“We had a great marriage, and everybody loved her,” Marquez said, emotion causing his voice to catch. “That woman never met a stranger, and she loved the horses.”

Marquez still lives in Albuquerque, where he cut his teeth working for the local Health Department. He always enjoyed attending the races with Josephine and their friends on the weekends, and one afternoon on the way home from Ruidoso Downs, one friend suggested they buy a horse together. 

The idea was tempting, sure, but with two young children to support it just wasn't financially feasible. 

A few weeks later, fate intervened.

“One morning, two blocks away from the office, a cabbie had a passenger who was in a real hurry trying to catch a flight,” Marquez remembered. “He T-boned me at a light, and I got a nice insurance payout. So I guess you could say I got into racing by accident, literally.”

It took three horses before Marquez saw his silks head out to the track in the afternoon – his first two suffered injuries before they made it to the races.

“It was just bad luck at first,” said Marquez. “I asked my wife, 'Do you think somebody's trying to tell us to stay out of this business?' And she said, 'Hell no, go get us another one!'”

At first, Marquez hired an experienced trainer to condition his horses, then spent weekends on the backstretch helping out and learning as much as he could. Eventually Marquez got his trainer's license, and began operating a “working man's stable.”

Ruben Garcia, a friend who owned several Mexican restaurants in the city, was the first to offer Marquez a chance to begin training full time. Marquez took him up on the opportunity after retiring from the health department at age 62.

It was a family operation from the start. Marquez' wife was his biggest fan, and their daughter Threse ran the shed row for 17 years until her eldest child was school-aged.

He had a few nice runners over the years, led by 1984 Santa Fe Futurity winner Dan's Diablo. More recently, Marquez said the stakes-placed Strike A Spider was one of his favorites.

“This sport has been good to me,” Marquez said. “I wouldn't say I'm prudent, but I got my first nickel in it, and I haven't lost it yet.”

Marquez has saddled 266 winners from 3,488 starters during his career, according to Equibase. He's had a winner nearly every year since 1976, and said he never spent more than $4,000 on a horse. 

For Marquez, it's the thrill of watching his horses thundering down the stretch in front that keeps him rising early every morning to see to the needs of his small stable. The racing game also gives him a chance to stay close to the memory of his beloved late wife. 

“Most of my friends have passed on now,” Marquez said thoughtfully, then deflected that grim reality with humor via a story about his doctor.  

“I eat mostly fried chicken, fried chicken skin, pork … about two to three years ago my regular doctor retired, and the new doctor started talking to me and asked me what I ate. She was surprised, she said, 'There's the rule and there's the exception, and you're the exception!' I guess maybe she's right.”

 

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