Accidental Substance Abuse policy violations can't be excused

After it was announced, Saturday, that Jeremy Mayfield--the owner and driver for the #41 Sprint Cup team--would be suspended indefinitely for violating NASCAR's Substance Abuse Policy, , Mayfield issued a statement that implied the violation may have been accidental:

“As both a team owner and a driver in the NASCAR Sprint Cup Series, I have immense respect for the enforcement policies NASCAR has in place. In my case, I believe that the combination of a prescribed medicine and an over the counter medicine reacted together and resulted in a positive drug test. My Doctor and I are working with both Dr. Black and NASCAR to resolve this matter."(AP newswire via Jayski's)

Although an accidental abuse of a substance can not be excused by NASCAR in dealing with its Substance Abuse policy, it goes to show how careful one must be when working in an environment that requires the person to avoid substances which could affect his or her ability to perform the duties required. A NASCAR driver or crew member under the influence of alcohol or other debilitating substance presents a danger to all other participants on the track. Furthermore, we expect that most experienced drivers, including Jeremy Mayfield, would not knowingly consume a substance that would impair their ability or reflexes on the track. There have been exceptions, such as Shane Hmiel, Taylor Walker, Aaron Fyke, and the late Kevin Grubb, and they are what brought us to the current NASCAR policy. I would not put Mayfield in that category, though we can't be certain that he isn't in the same category until we see what the conditions are for his reinstatement, if that information is released publicly.

Mayfield's error was allegedly in performing actions that many of us take as every day behavior.

If Jeff Gordon were taking medication for his back pain, would we expect him to race? If Matt Kenseth were to take an over the counter medication containing ephedrine, should he be allowed to race? What if Dale Earnhardt, Jr tested positive for marijuana, would NASCAR look the other way? Absolutely not, and if any if those drivers tested positive for any banned substances, they would certainly be suspended as well--no matter what their monetary value to NASCAR--wouldn't they?

Note that Mayfield did not deny use of a banned substance, nor did he criticize NASCAR's policy. He knows that NASCAR must stand by its policy, without prejudice or bias, and has agreed with the action taken against him. We do not know what the substance for which he tested positive is, nor do we know what his prescription contained, or how it may have reacted with an over the counter product, but we do know that there are many over the counter medications and other products that contain substances listed in the following overview of NASCAR's banned substances:

- Seven different amphetamines, including methamphetamine and PMA, a synthetic psychostimulant and hallucinogen.
- Three drugs classified under ephedrine.
- 13 different narcotics, including codeine and morphine.
- Ten different benzodiazepines and barbituates.
- Marijuana, cocaine, zolpidem, nitrites, chromates and drugs that can increase specific gravity. (from the Jayski's page cited above)

Ephedrine is found in many over-the-counter cold and flu medications. Ephedrine is also an ingredient in some sports or energy drinks.

Narcotics can be found in many prescription drugs used to treat pain, pneunoma or severe flu symptoms. It should also be noted, as researched by Snopes.com, that certain bakery goods can also result in positive results for opiates. 

"Opiates (morphine and codeine) can be detected in urine for at least 48 hours after one eats food containing poppy seeds. As little as a single bagel covered with poppy seeds could produce a false positive for these drugs."

Be careful, Tony Stewart.

Nitrites, particularly sodium nitrite, can be found in Slim Jims, processed beef jerky, smoked meat products, and lunchmeats when used as a preservative and food coloring. In other words, Elliott Sadler could get banned from racing because of his love for bologna burgers. It's okay for Jeff Hammond to eat a bunch of Martinsville hot dogs, but we have noted that the drivers wisely avoid them.

As easy as it seems to accidentally commit a violation, the drug policy requires that a driver or crew member should not lead a life that contains elements that most of us take for granted. Jimmie Johnson should get banned for eating a Johnsonville Brat as easily as Mayfield could for taking asthma medication and smoking a cigarette afterward.

Some of this, some of that, and the other

It's funny how, as the season winds down, we find less to get fired up about enough to think of a worthwhile post. It isn't that nothing is happening--there has been plenty of news.

NASCAR will implement their new drug testing policy beginning next year, in which all over the wall crew members, drivers, and NASCAR officials will be subject to mandatory random drug testing. Prior to the beginning of the season, all employees of all teams, and all employees of NASCAR will be tested. NASCAR has not, however, come up with a list of banned substances. They probably want to see how many people take over the counter cold remedies, drink Amp, or eat at Starbucks, all products that could result in a false positive. It should be up to the teams to police their own people, and we will stand by that assertation.

As it always seems to happen, just when a driver is getting good, he loses his ride. AJ Allmendinger has been showing steady improvement in adapting to NASCAR style racing, since he got back in the seat of the #84 Red Bull Racing car earlier this year. However, the big wigs in Austria who run the team seem to feel that Scott Speed fits the image they want, better. So, AJ is out of a ride for next year. Red Bull has yet to announce that Speed will be their man next year, but that is expected. Meanwhile, speculation has it that Allmendinger will fill the void left by Reed Sorenson when the driver of the Chip Ganassi Racing #41 car announced that he will be driving for Gillett-Evernham Motorsports next year. There may be more to this than meets the eye, as Red Bull waited until near the end of the season to announce that Allmendinger would be leaving the Red Bull Sprint Cup team. This made it more difficult for him to find options for next year, and we think, personally, that RBR may have been thinking of using Allmendinger in another series. However, Allmendinger has made it clear that he wants to stay in the NASCAR Sprint Cup Series. He has a lot of talent, and has been learning the car well. It is very possible that he will have a ride next year. It should be remembered that the last time he was released from a team--in the now defunct Open Wheel World Championship Series--he went on to win five out of nine races.


Last week I received an award from Trixie's Trailer Park called the "You Make My Day" award. It's one of these things we bloggers do to show our appreciation for other bloggers. That is very much appreciated.

I will pass it on to some blogs I like to read whenever I go on line.

First I would like to return the favor to Trixie's Trailer Park. She is a lot of fun to read, her passion for NASCAR and Tony Stewart is very much appreciated, and she has some very interesting insights. Trixie, I know you are receiving this award twice, but you deserve it.

Muse and Amuse doesn't seem to get enough recognition. Cheyenne blogs on NASCAR, especially on items pertaining to Dale Earnhardt, Jr. She is, in her own words, very opinionated, and will argue the point to the death. She really has made my day on several occassions. I feel her Muse and Amuse blog is very underappreciated, and we will attempt to remedy that by presenting her with a "You Make My Day Award."

We can't forget Church of the Great Oval. Clance' (pronounced "Clan-see" like my cat) inspired me to start my own blog years ago. She always makes our day, and we are more than happy to present her this award.

The Chase heats up, and the writing about it cools down. Greg Biffle is showing what he can do when he and his team are of a mind to do it. We are all still wondering what is up with the #24 team, because we are certain that Jeff Gordon hasn't lost his talent. So we will sit back and enjoy the next Chase race at Kansas this weekend.

A dissenting opinion

I have taken a week to collect my thoughts on the drug testing issue in NASCAR. Before I begin my rant, I must remind the reader that the opinion expressed here does not neccessarily reflect the opinion of all or any of the associate editors at NASCAR Bloggers FT Digest. It is soley my own. I do not advocate the use of drugs in any manner in any sport, professional or amateur.

My first thought is “what has become of the presumption ‘innocence until proven guilty?’”Any mandantory drug testing is based on the presumption of “guilty until proven innocent.”
Testing a person for drugs without probable cause is the equivalent of giving a person a ticket for jaywalking if he happens to be walking down the sidewalk. The pedestrian hasn’t crossed the street illegally, but he could, if he wanted to, so just fine him for something he didn’t do, but may intend to. A driver in NASCAR may have never, in his or her entire life, used substances that would impair his reactions, attention, or abilities to compete in a race, but because we are talking about a living, breathing, human being, there is always the possibility that the person could use drugs.



Granted, the laws against search and seizure without probable cause are only to protect the citizens of this country from the government, and do not apply to businesses and organizations such as NASCAR, but one would think that the presumption of innocence is more important to the state of freedom and well-being, than the paranoid presumption that everybody is doing something wrong, but just hasn’t been caught yet.

The point has often been made that if you are doing nothing wrong, then you have nothing to worry about, but that point is made without considering the psychological effect of not being trusted to have a basic knowledge of right and wrong. There is something rebellious in human nature that suggests, “if they think I am doing something wrong, I may as well do something wrong.”

That is not to say that one would react to the accusation of substance abuse by using illicit substances, but one may react by, for instance, running another car into the wall under the auspices of retaliation. Most of us have experienced the feeling of being accused of something that we haven’t done or ever had any intention of doing. It is not a good feeling; in fact, it is an emotionally painful feeling. We all want to be trusted.

The drivers in NASCAR are professionals. Unless they are caught in the emotional heat of the moment after a wreck, they do exercise immaculate personal responsibility. It is not only a matter of being competitive to them, but a matter of self-preservation. If a driver likes to drink beer, for example, he will make it a point to forego beer, beginning Wednesday night, and begin the process of hydrating and working out for the race Sunday. If the driver did not practice this regiman, he would undoubtably get sick, or lose the required attention skills it takes to race competively and safely. That is what personal responsibility is all about.

NASCAR’s present policy of testing only when there is probable cause isn’t only fair, it is safe. Shane Hmeil was caught under that policy, and Tim Richmond, though he had actually stopped using the drugs neccessary to prolong his life, was banned from racing because he was physically unable to race safely, as a result of NASCAR’s probable cause policy.

Tyler Walker and Aaron Fyke seemed to have slipped through the cracks of this policy, because they were caught by the police, and not by NASCAR. But they were caught, and were taken out of the mix before their drug use resulted in tragedy on the track. It will never be proven that either one of them was under the influence of an illicit substance while they were racing.

You could argue that Fyke said that he did take heroin on the same day he raced last year, when he finished in the top ten of a truck race. Yes he said it, but if he had actually done it, he would have been caught. If you have ever been around a heroin addict, you would know what I mean. If he wasn’t nodding off, his speech would have been slurred, his eyes would have been darting constantly, and his stride would have been unsteady, as if he were drunk. If he were allowed to climb, exhibiting those symptoms, into the racecar, he would have fallen on his butt trying to climb in through the window. He would not have made it past the first turn, much less finish in the top ten. Even if he were not under the influence, and was going through withdrawal, he would have been sweating much more profusely than anyone else around him, he would have been showing visible signs of stomach cramps, and there would have been an unmistakable oder about him, even if he hadn’t defecated in his firesuit because of the loss of control of bodily functions. And no, I am not describing Tony Stewart at Watkins Glen, two years ago–Fyke’s symptoms would have raised a red flag for anyone around him if what he said were true.

And I would rather call one person a liar, from what I know, than accepting what he said as the truth, and therefore having to consider everyone else a liar.

NASCAR’s current policy is not broken, so it doesn’t need to be fixed. However, one thing I would like to see encouraged, because over the counter remedies could also cause judgement problems–even if they sponsor a race or a group of teams–is that if a driver is so sick with the flu or a cold that he has to take medication, he should be replaced for the event. This would also be a matter of personal responsibility, and should be voluntary. Hopefully, that idea will catch on.

Cross posted from NASCAR Bloggers FT Digest, by the author