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Serrano’s Drug Test Raises Questions About How Racing Will Deal With Medical Marijuana Cards

The legalization of medical marijuana has been spreading across the United States for the past several years, and on July 27, stewards at Mountaineer Park faced a decision that racing jurisdictions around the country will likely see more of in the near future.

Jockey Keivan Serrano underwent a random drug test on July 26, and was found to have THC, or tetrahydrocannabinol, in his system. (THC is the primary psychoactive compound in marijuana.)

Serrano possesses a medical marijuana card, though it was obtained in Ohio. Mountaineer is located in New Cumberland, W.V. and Ohio's medical marijuana office does not have any reciprocity agreements with other states.

West Virginia passed a medical cannabis bill three years ago when Senate Bill 386 was signed into law on Apr. 19, 2017. The bill's language set a goal of having infrastructure such as dispensaries, medical marijuana cards, etc., in place within two years, but it still hasn't happened.

“Medical marijuana is legal in West Virginia,” said West Virginia attorney Harley Wagner. “The legislation has been passed, it's just that the components to it actually coming to fruition aren't in place yet.”

Until then, any individual caught with marijuana in their possession in West Virginia is still able to be cited by police. Wagner explained that for a small amount of marijuana, the case could be taken to court and the citation could be expunged after six months if the person does not accrue any similar citations.

Serrano did not have any marijuana in his possession when he was tested by the stewards at Mountaineer. At the time of his testing — after the races on July 26 — Serrano said he was straightforward with the testing agent about his medical marijuana card, and included the information on the official testing report.

Serrano said stewards called him the following morning to tell him he'd tested positive for THC, as he'd expected. They asked about Serrano's card, and why he had the prescription.

“I use it to sleep at night,” Serrano said. “We race at night, and sometimes I don't get home until 11:30 at night, then I'd have to get up again at five the next morning. So it helps me sleep.”

Serrano said the stewards asked him to send them the documentation he had in his possession, because West Virginia racing rules indicate that a licensee testing positive for a prescription drug is not subject to penalties, under rule 178-1-24.3.v. He also said that the stewards told him this was their first time dealing with a medical marijuana card held by a licensee.

It was Serrano's second positive test for THC in 2020 — he also tested positive at Fonner Park in Nebraska back in March.

Serrano found out via the ARCI website on July 29 that he had been summarily suspended by the stewards, pending a hearing scheduled for Aug. 5.

According to Joe Moore, executive director of the West Virginia Racing Commission, Serrano was suspended because he “did not produce a document which identified the amount or dosage of medical marijuana that was permissible for him to ingest in appropriate and specified intervals, nor did he produce a document that would have allowed the Stewards to determine whether the amount of THC in his system was consistent with a prescribed dosage.”

The level of THC in Serrano's system at the time of the test was not made public in the official ruling.

Serrano made waves on social media after the suspension became public, announcing he was leaving the sport of horse racing, but the 22-year-old said his retirement from the saddle had been on the horizon for a while.

“I've always struggled with my weight, and I always told myself that if I ever got scared or if I got too heavy, that I would stop,” Serrano said. “I don't want to not give owners and trainers 100 percent, because that's something I pride myself on.”

Serrano plans to return to school in Puerto Rico. He'll attend pre-med classes online beginning in August with the goal of one day becoming a neurosurgeon.

“I had a good run,” said Serrano, who retires with 105 wins from 1,129 starts. “I don't have any regrets.”

In the meantime, the West Virginia racing commission has not officially made a determination regarding the use of medical marijuana in licensees, including jockeys.

“The West Virginia Racing Commission has not addressed medical marijuana in its rules inasmuch as the West Virginia Department of Health and Human Resources (WVDHHR), the state agency responsible for administering West Virginia's medical marijuana program, has not implemented the program and rules in West Virginia,” Moore explained. “It remains to be seen how the state of West Virginia will address the recognition of other state programs and other state medical marijuana authorization cards. Until such time as the Racing Commission has more direction and guidance from the WVDHHR, it is premature to make amendments to the rules of racing.”

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Connections Of Private Purchase South Bend ‘Seriously Thinking’ Travers

Having recently been purchased and moved to the barn of Hall of Fame trainer Bill Mott, stakes-winning sophomore South Bend is being pointed to the Grade 1, $1 million Runhappy Travers August 8 at Saratoga as the debut for his new connections.

Campaigned by Sagamore Farm through his first 11 starts, including a victory in the Street Sense last fall at Churchill Downs and Grade 3 placings on both turf and dirt, South Bend was acquired by a partnership group that includes Gary Barber, Adam Wachtel, Peter Deutsch and Leonard Schleifer of Pantofel Stable.

“I think that's one of the reasons they bought him,” Mott said. “He looks good on both surfaces.”

Mott said the focus for now is on dirt, namely the 1 ¼-mile Mid-Summer Derby, the centerpiece of the Saratoga meet being contested for the 151st time but first as a point qualifier for the Grade 1 Kentucky Derby September 5.

“We're leaning toward the Travers. The partnership group wants to have a good look at that,” Mott said. “We're seriously thinking of the Travers right now. He'll work probably the first part of the week.”

South Bend has already had one breeze for Mott, a half-mile move in 49.12 seconds on July 27 over the Oklahoma training track, fifth-fastest of 31 horses at the distance. Third in the Grade 3 Palm Beach in February at Gulfstream Park in his second try on turf, the bay Algorithms colt exits a rallying runner-up finish in the Grade 3, 1 1/8-mile Ohio Derby on June 27 at Thistledown in his return to dirt, posting a career-high 94 Beyer Speed Figure.

“We breezed him the one time. We like the horse, he's doing well,” Mott said. “He's a nice horse to train. He moves well and he worked well for us. I'm happy with him.”

On Saturday, Mott will send out multiple Grade 1 winner Channel Maker for Barber, Wachtel, Reeves Thoroughbred Racing and R. A. Hill Stable in the Grade 2, $250,000 Bowling Green. The gelded 6-year-old son of grass champion English Channel drew post 5 of seven in the 1 3/8-mile event for 4-year-olds and up on the inner turf course.

With Mott since the spring of 2017, Channel Maker owns a 5-5-3 career record with nearly $2.2 million in purse earnings from 33 starts. He earned his first graded victory in a dead-heat triumph with Glorious Empire in the 2018 Bowling Green, winning the Grade 1 Joe Hirsch Turf Classic that fall and the Grade 1 Man o' War the following spring, each at Belmont Park.

Channel Maker has gone winless since the Man o' War, a stretch of nine races, all but one in Grade 1 or Grade 2 company. Three of those losses have come by a length or less, the most recent coming last out when he finished fourth in the Grade 1 Manhattan on July 4 at Belmont.

“Sometimes he's been a little overmatched, but when he finds the right group he's competitive,” Mott said. “He seems to be doing well. He's run over this course OK. He's competitive when he fires his best shot and gets the right trip. We're happy with him and we're optimistic.”

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New Owners Consider Runhappy Travers for South Bend

South Bend (Algorithms), purchased privately by a partnership group that includes Gary Barber, Adam Wachtel, Peter Deutsch and Leonard Schleifer of Pantofel Stable following a runner-up effort in the June 27 GIII Ohio Derby, could make his first start for the new connections in the Aug. 8 GI Runhappy Travers S.

“We’re leaning toward the Travers,” confirmed the colt’s new trainer Bill Mott. “The partnership group wants to have a good look at that. He’ll work probably the first part of the week.”

Previously campaigned by Sagamore Farm and trainer Stanley Hough, South Bend won last year’s Street Sense S. over the main track at Churchill Downs and his three stakes placings over the turf include a third-place finish in the Feb. 29 GIII Palm Beach S.

Of the colt’s versatility, Mott said, “I think that’s one of the reasons they bought him. He looks good on both surfaces.”

In his first work for Mott, South Bend went four furlongs in :49.12 (5/31) at Saratoga July 27.

“We breezed him the one time. We like the horse, he’s doing well,” Mott said. “He’s a nice horse to train. He moves well and he worked well for us. I’m happy with him.”

Trainer Mike Stidham confirmed that Godolphin homebred Mystic Guide (Ghostzapper), most recently a closing third in the July 16 GIII Peter Pan S., is also under consideration for the Travers.

“The Travers is a possibility. He’ll work [Saturday] and we’ll know more after he works,” said Stidham. “Ultimately, he has to put himself in a better position early. You can’t win those types of races with that much to do late in the race. Our goal was to try blinkers on him and see what type of response he gives, so we can try to be a little bit closer.”

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Kentucky Lasix Suit To Continue After Judge Reverses His Own Order

The civil suit in Franklin County Circuit Court over a partial Lasix phaseout in Kentucky will continue after a judge granted a motion from the Kentucky Horsemen's Benevolent and Protective Association to set aside, vacate, alter or amend an earlier judgment dismissing the case.

In June, Judge Thomas Wingate had denied a motion from the KHBPA for a temporary injunction to stop Churchill Downs and Keeneland from writing races for 2-year-olds requiring Lasix to be given 24 hours pre-race, rather than the typical four hours. The tracks had begun carding those races while waiting for regulations approved by the Kentucky Horse Racing Commission (also named as a defendant in the suit) to go into effect. The KHBPA contended that the tracks don't have the legal power to card no-Lasix races, since medication regulation is supposed to be made and enforced by the commission.

The tracks and commission argued that existing rules do permit racetracks to card no-Lasix races.

Part of the reason Wingate dismissed the case in June was due to a technical point about associational standing on the part of the KHBPA; “associational standing” in a legal sense refers to whether the organization represents members who had grounds to bring a suit in their own right, whether it is seeking to protect interests relevant to its members and whether the claims it makes require participation of individual members to the suit.

In an order this week, Wingate wrote “the Court understands the Plaintiff's position that it was not given adequate time, once standing was raised, to sufficiently address the issue prior to the Court dismissing the Complaint for lack of standing.”

Now, Wingate wrote, it's likely the matter will be decided on the strength of competing motions for summary judgment from each side in the suit. Wingate ordered the parties involved to set a date for oral arguments in the case within 10 days of granting the KHBPA's motion to vacate on July 29.

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