Drug use in sport: The implications of using PEDs and recreational drugs for athletes

Sports Law

minutes reading time

DATE PUBLISHED: February 19, 2025

Drug Use In Sport

The use of performance-enhancing drugs (PEDs) in sports continues to be a significant concern for maintaining fair competition and ensuring the health and safety of athletes in Australia. Despite ongoing efforts in regulation and detection, doping continues to pose a risk to athletes and sporting organisations across the country.
Individuals must be aware of the consequences of taking PEDs and recreational drugs and the consequences for doing so. This article explains the differences between PEDs and recreational drugs, in- and out- of competition and the different bans that can apply depending on the nature of the violation.

Recreational vs. Performance-Enhancing Drugs

The World Anti-Doping Agency (WADA) classifies substances into two main categories: recreational drugs and performance-enhancing drugs (PEDs) [1]. Sport Integrity Australia (SIA) follows this classification, with each category posing different challenges and legal implications within the anti-doping framework.
Recreational Drugs
Recreational drugs, including substances like cocaine, heroin, MDMA, and cannabis, are considered "Substances of Abuse" by WADA. [2] Under the 2021 WADA Code and Sport Integrity Australia Regulations 2020 (SIA Regulation), these substances are prohibited only in-competition. Athletes who test positive for recreational drugs during competition face sanctions, but out-of-competition violations are generally not penalised unless the substance is detected during the competition period.[3] The approach to these substances is more lenient because they do not directly enhance athletic performance but may affect public image and athlete welfare.
Performance-enhancing drugs (PEDS)
PEDs, such as anabolic steroids or synthetic hormones like erythropoietin, are banned at all times, whether during competition or not.[4] Athletes caught using PEDs face strict penalties, including long suspensions, loss of titles, and, in extreme cases, lifetime bans. These substances are explicitly listed on WADA’s Prohibited List, which SIA adopts.[5]

In-Competition vs. Out-of-Competition Testing

SIA and the WADA Code distinguish between in-competition and out-of-competition testing, with varying testing protocols and penalties.
In-competition testing
In-competition is defined as the period starting at 11:59 p.m. the day before a scheduled competition and ending after the event, with sample collection.[6] During this period, athletes who test positive for prohibited substances (including recreational drugs) may face disqualification and suspension. Some sports, like tennis, have specific definitions and testing protocols, allowing for sample collection within 12 hours after an event.
Out-competition testing
Out-of-competition testing can occur at any time and targets substances banned year-round, like anabolic steroids. Athletes in the Registered Testing Pool (RTP) must comply with the "whereabouts rule," making themselves available for unannounced testing within a designated time window.[7] Failure to comply with testing requirements, such as missing three tests in a year, can lead to sanctions equivalent to a positive test.[8]

Anti-doping Violations

Athletes are personally responsible for ensuring that no prohibited substances enter their bodies. A positive test results in an ADRV, regardless of intent.[9] Violations include positive tests, refusing or evading testing, tampering with samples, and other misconduct such as trafficking or prohibited associations.
Therapeutic Use Exemption (TUE)
Athletes may apply for a Therapeutic Use Exemption (TUE) to use otherwise prohibited substances for legitimate medical reasons. The athlete must demonstrate that the substance is necessary for health, doesn’t enhance performance beyond restoring normal health, and has no reasonable alternatives.[10]
Sanctions For Violations
Article 10 of the Australian National Anti-Doping Policy (ANADAP), outlines for penalties for violations vary based on the severity and nature of the infraction:[11]
a) Prohibited Substance Use: A four-year ban (reduced to two years if unintentional).
b) Substances of Abuse: A three-month ban, with the potential to be reduced with treatment.
c) Refusal to Test or Tampering: A four-year ban.
d) Trafficking or Administering PEDs: A ban ranging from four years to lifetime.
e) Complicity or Retaliation: A two-year to lifetime ban.
 Repeat offenders may face harsher penalties, including lifetime bans.
Team Consequences
If more than two athletes from a team violate anti-doping rules during an event, the entire team may face sanctions, including disqualification or loss of points.
Additional Consequences
Athletes who test positive after an event may lose medals, points, and financial rewards, and may be required to repay prize money or forfeit sponsorships. Before returning to competition, athletes must complete an anti-doping education program. Violations are publicly disclosed, including the athlete’s identity, substance involved, and sanctions.
Conclusion
Australia’s anti-doping policies, governed by SIA and WADA guidelines, distinguish between recreational drug use and PED use, applying strict sanctions to the latter while offering more lenient options for the former. By maintaining robust testing systems and enforcing penalties, Australia strives to uphold integrity and fairness in both national and international sporting competitions.

how can mcw help?

For further information contact Michael Gilbert from our Commerical team.

GET IN TOUCH WITH US!

  1. 1
    Sport Integrity Australia, Illicit Drugs in Sport (Web Page, 2024) https://www.sportintegrity.gov.au/what-we-do/anti-doping/prohibited-substances-and-methods/illicit-drugs-sport.
  2. 2
    World Anti-Doping Agency, Substances of Abuse Guidelines (Guidelines, 28 February 2024) https://www.wada-ama.org/sites/default/files/2024-03/substances_of_abuse_guidelines_final_28022024_en_0.pdf.
  3. 3
    Sport Integrity Australia, Prohibited Substances and Methods (Web Page, 2024) https://www.sportintegrity.gov.au/what-we-do/anti-doping/prohibited-substances-and-methods. AND World Anti-Doping Agency, Code Appendix: Legal Considerations (Report, 2024) https://www.wada-ama.org/sites/default/files/resources/files/LEGAL_code_appendix.pdf.
  4. 4
    World Anti-Doping Agency,  Prohibited List(Web Page, 2024) https://www.wada-ama.org/en/prohibited-list.
  5. 5
    World Anti-Doping Agency, Prohibited List(Web Page, 2024) https://www.wada-ama.org/en/prohibited-list#search-anchor.
  6. 6
    Global Sports Advocates, In-Competition vs Out-of-Competition Testing (Web Page, 2024) https://www.globalsportsadvocates.com/library/in-competition-vs-out-of-competition-testing.cfm.
  7. 7
    Pascal Borry et al, ‘Geolocalisation of Athletes for Out-of-Competition Drug Testing: Ethical Considerations. Position Statement by the WADA Ethics Panel’ (2018) 52(7) British Journal of Sports Medicine 456 https://bjsm.bmj.com/content/52/7/456.
  8. 8
    Australian National Anti-Doping Policy (2021).
  9. 9
    World Anti-Doping Agency, Code Appendix: Legal Considerations (2024) 10 [2.1] https://www.wada-ama.org/sites/default/files/resources/files/LEGAL_code_appendix.pdf.
  10. 10
    Sport Integrity Australia, Therapeutic Use Exemption (TUE)(Web Page, 2024) https://www.sportintegrity.gov.au/what-we-do/therapeutic-use-exemption-tue.
  11. 11
    Sport Integrity Australia, Australian National Anti-Doping Policy (2021) 15 [10] https://www.sportintegrity.gov.au/what-we-do/anti-doping/world-anti-doping-code/australian-national-anti-doping-policy.

Don't Miss a Beat

Subscribe to MCW Insights

Still Have Questions?

Make an Enquiry

Drug use in sport: The implications of using PEDs and recreational drugs for athletes