View From The Eighth Pole: It’s Silly Season At The California Horse Racing Board

At Thursday's regularly scheduled telephonic meeting of the California Horse Racing Board – where things got a little chippy from time to time – commissioner Oscar Gonzales led a silly, counterproductive fight to delay approval of an agenda item that any right-thinking horse racing regulatory board would have rubber-stamped in a matter of minutes.

The item was simple enough, really nothing more than a housekeeping detail. The board was asked to consider whether to approve an amendment to the CHRB's drug classifications to update the “alphabetical substances list” to align with the Association of Racing Commissioners International Uniform Classification Guidelines for Foreign Substances. It's a necessary move when ARCI makes modifications to a list that virtually all racing states use. It's done upon the recommendation of the Racing Medication and Testing Consortium.

Gonzales, the board's vice chairman, meandered down a word salad path, saying California should not try to “ramrod” new rules through at a time when the state needs to “tread lightly” because the Horseracing Integrity and Safety Authority, the national regulatory oversight board created through recently passed federal legislation, is on the horizon.

In so doing, Gonzales went against the recommendation of Scott Chaney, the CHRB's executive director, equine medical director Dr. Rick Arthur, and the board's chairman, Dr. Gregory Ferraro, who voted against the delay.

Unfortunately, Gonzales enlisted enough support on what is increasingly becoming a splintered board to get his delay measure passed on a 4-3 vote.

After Gonzales responded to a request from Chaney for guidance on what additional information the board needs to approve the measure next month, Arthur could be heard on the call saying Gonzales' explanation was “crap.”

Gonzales apparently couldn't handle the truth.

“And there you go,” Gonzales said. “There was a profanity, and this is not the first time that Dr. Arthur has chosen very choice words and used vulgarities in a very professional setting. And Dr. Arthur I'd ask you to stand down and please never do that again. Whenever you've not gotten your way, you've attacked this board, you've questioned us, and in many cases you've undermined what we've tried to do on behalf of the horse racing industry. So please put your phone on mute and we'll never hear that from you again.”

Arthur then threw a zinger back at Gonzales.

“Well, my apologies,” he said. “I thought my phone was on mute. But it doesn't change my thoughts. This is silliness.”

The board then took a short break, apparently never having heard such profanity before. My goodness. Crap?

Incidentally, Gonzales is the same CHRB commissioner who led another silly fight last month to not approve a full year's license for the 2021 Los Alamitos Quarter Horse meeting, saying it would be better to only approve the first six months of the year because of concerns he has over safety issues. He won that vote in December but lost on Thursday when the board revisited the issue and approved a full year's license.

What made that exercise so foolish is the fact the CHRB has the authority to shut down any track in the state if they feel racing is unsafe.

Gonzales was appointed to the CHRB in September 2019 by Gov. Gavin Newsom, who is facing the very real threat of a recall election, something that happened in 2003 when a petition drive called for a special election in which incumbent Gov. Gray Davis was ousted in favor of Arnold Schwarzenegger.

I think it's crap that there's no way to recall a CHRB commissioner.

That's my view from the eighth pole.

The post View From The Eighth Pole: It’s Silly Season At The California Horse Racing Board appeared first on Horse Racing News | Paulick Report.

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Assistant Starter At Zia Park Suspended For Possession Of Electrical Device

According to a recent ruling posted on the Association of Racing Commissioners International website, Zia Park assistant starter Jamie Aldavaz, Jr. has been summarily suspended by the New Mexico Racing Commission after the discovery of an electrical device in his possession.

Assistant starters work on the starting gate, loading horses and holding their heads straight prior to the start of a race.

A search was conducted by the Lea County Drug Enforcement Agency, and Aldavaz was also cited for “disruptive behavior interfering with the orderly conduct of this race meet prior to the start of the races at Zia Park on Dec. 22, 2020.”

Stewards will hold a hearing with Aldavaz via teleconference on Dec. 30, per 15.2.1.9(B)(3)(a) Summary Suspension, which states in pertinent part, “If the Stewards determine that a licensee's action constitute an immediate danger to the public health, safety, or welfare, the Stewards may summarily suspend the licensee pending a hearing.”

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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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RCI Modifies Model Rules

The Association of Racing Commissioners International has approved amendments to its Model Rules of Racing. Among the amendments are further restrictions on the use of clenbuterol in Thoroughbred contests and additional guidance for regulatory policy affecting ADW wagering on historic racing. The ARCI also amended its Totalizator Standards at the request of AMTOTE to provide some redundancy in the stop betting function utilized by racing officials to close betting upon the start of a race.

The full updated version of the Model Rules document containing these revisions, as well as a new rule pertaining to use of the riding crop in flat races, will be published by Dec. 20.

To view the Model Rules adopted Dec. 4, click here.

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