NASCAR Chairman Brian France defends Mayfield suspension, substance-abuse policy

By Bob Pockrass - Associate Editor
Friday, July 03, 2009
NASCAR Chairman Brian France spoke to the media concerning the sport's policy on drug abuse on Friday at Daytona International Speedway. (David Griffin / NASCAR Scene)

NASCAR Chairman Brian France spoke to the media concerning the sport's policy on drug abuse on Friday at Daytona International Speedway.

David Griffin
NASCAR Scene

DAYTONA BEACH, Fla. – Two days after seeing a NASCAR ruling overturned by a U.S. District Court judge, NASCAR Chairman Brian France passionately defended NASCAR’s substance-abuse policy Friday at Daytona International Speedway.

Driver/owner Jeremy Mayfield, whom NASCAR states tested positive May 1 for methamphetamines, obtained a preliminary injunction Wednesday to keep NASCAR from enforcing an indefinite suspension issued May 9. Mayfield has said he never used methamphetamines and questioned the procedures of Aegis Laboratories, which conducts NASCAR’s drug tests.

“We just don’t walk around suspending anybody that we feel like,” France said. “We take it very, very seriously. There is a detailed process from how people are tested, from the chain of custody on to one of five world-class accredited laboratories, with some of the best in the world who do this thousands of times a day for lots of different groups and private groups, public groups, sports leagues, and the like.

“And [the tests] are very exact, it’s the nature of tests, they should be. … We have two samples from an individual [and] that it’s the right of the person who tested positive, before we’ll suspend them, to test that second sample to make absolutely sure that the conclusions are accurate. And that was the case with Jeremy.

“And we went further than that. We even went to another laboratory with two more tests, and they both had the same exact conclusions. And so, beyond what more we can do from a fairness in the process? At some point when you have a positive test, it should be the end of the road.”

Mayfield, who qualified for five of the first 11 races this season after starting his own team and has 433 career Cup starts, contends the drug test findings resulted from a combination of prescription drug Adderall, which is used to treat attention-deficit hyperactivity disorder, and over-the-counter Claritin-D allergy medicine.

Mayfield has an expert, Dr. Harold Schueler of the Broward County (Fla.) medical examiner’s office, who states in an affidavit that the amount – 48,000 nanogram per milliliter – of methamphetamine in Mayfield’s body indicates a person is a chronic, habitual methamphetamine abuser. Since Mayfield passed a January 2009 test, Schueler theorizes that Mayfield is not a chronic user. He also says that the pseudoephedrine (in Claritin) could convert to methamphetamine if not tested properly.

NASCAR and its drug-testing supervisor, Dr. David Black of Aegis Laboratories, dispute that the drug test could have been a false positive.

“We are very comfortable that that test is accurate and reliable and will hold up, ultimately, when all of the facts are heard,” France said. “Everybody can say, you know, they don’t believe they did something. That kind of happens when people do something wrong, typically.”

France was possibly most passionate about the fact that NASCAR is restricted in this case from enforcing rules designed to keep the sport safe.

“We will stand by our right to protect all of the drivers, all of the fans, from somebody, and just because they said, ‘I didn’t do it,’ or something could have gone wrong with the test. People can say that, but our test is thorough [and] the process is complete,” France said during his midseason news conference. “If we can improve it, like we have [in other areas] – we inspect the cars differently than we did last year. We improve all kinds of things from a policy standpoint. We are open to doing that.

“But if you are asking me, does the policy fit the intended outcomes that we are trying to have, which is to prevent somebody from being on the track impaired? Are we doing everything that we can do? That’s our responsibility. I think we are.  And if we can do more, we will.”

Part of Mayfield’s defense was the “chocolate-milk defense” – that NASCAR, without having a list of banned substances, can suspend anyone for any drug or substance it wants. France said there is a list of drugs, but that it’s impossible to come up with a list including every illicit drug.

“You can abuse a lot of things, and there are also drugs that we are not aware of that hit the street that are created,” France said. “So by definition, we are not going to have an absolute list of things that if you just don’t test for those, then you’ll be deemed, found good to go and that’s not impaired.

“Unfortunately with the inherent risk element that we have in the sport, our tests have to be deeper, thorough, have a little more flexibility to make sure that we are upholding our responsibility.”

Mayfield is the first driver to be suspended under NASCAR’s new random drug-testing policy implemented this year. France made it a point to say that prescription drugs and over-the-counter drugs are typically OK once approved on an individual basis by NASCAR.

“We don’t need to get silly about this – this chocolate-milk business and NASCAR is going to wake up and chocolate milk is [on the list],” France said. “We are talking about what impairs someone’s ability to drive the car. And so we have the right amount of flexibilities when we know we have to suspend a driver. We have tests all the time where we get positive tests, for one substance or another or prescribed or over-the-counter.

“We don’t just go laying the hammer down and ruining someone’s career. That’s not what we are talking about when we are talking about Jeremy’s situation. You know what he was tested for. That’s unequivocal. There’s not confusion about that from a science standpoint.”
 

Comments

23 responses to "NASCAR Chairman Brian France defends Mayfield suspension, substance-abuse policy". Post a Comment.
  1. 1
    model67a said:
    Jul 3, 2009 at 3:35 PM

    They should combine the drugs Mayfield said he took and test the result. Substances mixed together create other products all the time. These drugs combined could produce a positive test for meth. Nascar or their lab may not want this proven to save reputation. Get a reputable testing company to do the test unless the lab is flawed and Nascar is concealing the fact that it made a mistake!!

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  2. 2
    andee anderson said:
    Jul 3, 2009 at 3:37 PM

    Let the court handle it.You have an advantage over Him on the computer.

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  3. 3
    Anonymous said:
    Jul 3, 2009 at 3:54 PM

    I truly truly hope Mayfield is telling the truth and I think he is,Nascar should Pay big time and they will. These tests are just chemicals used to cause a reaction when some thing they are looking for(or close) is present,just like Lumenall to check for blood and it works very good BUT it also shows positive for laundry detergent , There has to be a Better way? Nothing is 100% unless you seen them take it and new 100% what it was.

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  4. 4
    davison8593 said:
    Jul 3, 2009 at 5:31 PM

    I have worked for a utility company which has a good drug testing policy. As strong as NASCAR is I would assume that their policy is a good policy. First of all if you as an employee are taking any type of drugs you have the responsibility to tell your employer what you are taking BEFORE you take your drug test. Also what happens to an employee when he takes a drug test is between the employee and employer. I do not believe as Jeff Burton and Kasey Kahne stated that he should be an approved race car driver.
    Jeremy is good at law suits (ask Ray)and not going along with rules. If you are ever at the Daytona 500 come over to Lake Lloyd and watch him fishing and his dogs disposing of their meals which is listed as NOT ALLOWED.

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  5. 5
    fast3forme said:
    Jul 3, 2009 at 5:53 PM

    The facts will come out in the court room. Their testing methodology, sample handling, collection practices, maintenance history, etc. will all get the scrutiny deserved. After all, a man's career is over, his reputation irreparably damaged. When his name is mentioned, all anyone will remember is, NASCAR suspended him for a drug test.

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  6. 6
    mmcgill said:
    Jul 3, 2009 at 6:00 PM

    Wah,Wah, real simple you have 43 drivers going 150 plus miles an hour and if anyone is near the radar of being out of line find out what's going on. Nascar needs to protect themselves. Imagine if Carl Edwards was tested positive for something when fans were injured the lawyers would be shutting down racing altogether. Mayfield should thank his lucky stars and work with Nascar on getting back on track; if you goofed up by mixing a few "over the counter medications" thank Nasacar for looking out for everybody.

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  7. 7
    Patty said:
    Jul 3, 2009 at 6:08 PM

    There are two things that I see. 1.) If amphetamines are not allowed, and Adderal is one, that is that. 2.) All drivers sign something in February about keeping Nascar informed about changes in medical and prescriptions. Mayfield admitted that he used Adderal, which was prescribed in March, and he hadn't informed Nascar. Forget the meth. If the above 2 facts are correct, that should be reason enough for a suspension.

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  8. 8
    phama2 said:
    Jul 3, 2009 at 6:17 PM

    If Nascar's testing procedures were so good, why did they change their procedures since Jeremy supposedly tested positive ? They didn't change the policy, but the collection process, including the chain of custody of the samples, which was not up to par. There has been several articles about the much more detailed process for the testing. It would appear Nascar won't come out of the whole Jeremy think smelling like roses. They can continue to posture and throw around their significant legal resources in the hopes the Jeremy will run out of money for a legal defense. But in the end, if Jeremy and his lawyers weather all of Nascars' legal wrangling, they will probably win the law suit. But in the long run, Jeremy is probably done racing in the Nascar series. Nascar will make if very difficult for him to compete. Nascar don't like to lose.

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  9. 9
    CCCANNON said:
    Jul 3, 2009 at 7:13 PM

    When Mayfields lawyers get done with NAZICAR
    he may end up owning the thing. Between
    defamation, slander, lost wages Jeremy wont
    need to drive. Then Carl Long needs help.
    Someone has to corral the fools who run this
    sport.

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  10. 10
    JLPlank said:
    Jul 3, 2009 at 7:17 PM

    Perhaps Mayfield should get punished for not telling NASCAR that he was taking Adderall and Claritin (both sources of amphetamines), but if this is all he did he shouldn't be labeled a Meth addict and have his career ruined.

    As a biochemist, I went searching the scientific literature to see if Mayfeild's drug combinations could cause a false positive, and it appears that it can. There was a paper just published titled "Low concentrations of methamphetamine detectable in urine in the presence of high concentrations of amphetamine" (Journal of Analytical Toxicology; 2009 Apr;33(3):170-3). The authors screened a set of urine samples from the military that had tested positive for meth, from soldiers that were taking amphetamine-containing medications. In almost every case, the methamphetamine had the same proportions of the two possible "shapes" as the amphetamine in the sample, indicating that the meth was almost certainly made from the amphetamine, either in the manufacture of the amphetamine-containing medication or in the person's body. So all the talk about the strength or weakness of NASCAR's drug policies may be meaningless - it may just come down to simple chemistry. Hopefully these possibilities will be explored in court so Mayfield will get a fair hearing.

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  11. 11
    tabeachler said:
    Jul 3, 2009 at 7:51 PM

    Mayfield cant sue for anything. He didnt lose no wages. NASCAR didnt slander his name, everyone of you did. All NASCAR said was he failed a drug test which he did. MAYfield will get nothin.

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  12. 12
    SS396Chevelle said:
    Jul 3, 2009 at 7:54 PM

    If he really is on meth, then we should assume he is an addict. If that is true he will certainly fail all the tests he will be getting from Nascar. You can't get clean overnight, so if he plans to race at Chicago, maybe he is innocent and if so will win the Nascar lottery in a lawsuit.

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  13. 13
    bthompson133 said:
    Jul 3, 2009 at 8:31 PM

    get em jm

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  14. 14
    dale said:
    Jul 3, 2009 at 9:53 PM

    Looks like France is showing how big his brain is in the article photo.

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  15. 15
    CrazyClyde said:
    Jul 4, 2009 at 7:09 AM

    About 8 years ago his car was inspected after a race and they found a fuel additive. His team never denied or even tried to explain it. Obviously he is a known cheater. Why would you believe him now?

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  16. 16
    gwen_susie388 said:
    Jul 4, 2009 at 8:41 AM

    If the lawyer's believe they have a strong case against NASCAR, Mayfield probably hasn't had to give them one nickel. A lot of Attorney's say, "You don't have to pay anything right now, but when we win, we get a certain percentage of the winnings!" Believe me, they will end up with a large part of it if they do win. Any one can sue anybody for any thing at any time. A lot of what people sue for get thrown out of court. Let's don't forget about the woman who sued McDonalds because her hot coffee spilled on her and burned her. Sounds silly, but she won!

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  17. 17
    Tuxcatmama said:
    Jul 4, 2009 at 10:28 AM

    Jeremy will profit from this...one doesn't have to win a lawsuit, one only has to settle. True, his career is most likely over, but from a driving standpoint, it was all but over anyway. Had he informed NASCAR about what he was prescribed, if indeed it was prescribed, this would not be an issue at all. Hate NASCAR all you want, trust me, I don['t agree with many of the decisions they make, but you cannot, cannot fault them for trying to keep the participants at all leveels safe. So far as the the changes to the testing procedures, this is the first year they're doing it on such a scale, HELLO! there's going to be a learning curve...gotta crawl before you walk!

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  18. 18
    Werner said:
    Jul 4, 2009 at 11:12 AM

    so if the combo of the 2 is meth...then that's what's in his system...correct?...so what was that 3rd substance that had been mentioned?.....and no one except for a few here have said that JM is an addict...i have to fault JM for not notifying NASCAR for what he was taking in advance...perhaps we can also find some fault in NASCAR for over reacting?...

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  19. 19
    KBfaninGA said:
    Jul 4, 2009 at 11:53 AM

    If the prescribed drug that he was taking (and didn't tell NASCAR about) causes a positive test for meth and causes the same type of impairment...he shouldn't be on the track. If a pilot was prescribed Percoset because of an injury, that doesn't mean that he can fly a plane while on that precription. If Jeremy can't function without taking the drug and it causes impairment, he needs to find another line of work.

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  20. 20
    JLPlank said:
    Jul 4, 2009 at 6:18 PM

    I wouldn't argue that he should be racing if he had meth in his system - he obviously shouldn't. NASCAR should have flagged the situation and investigated, and not allowed Mayfield to race until the situation was resolved. But there is a huge difference in future risk between somebody who made a mistake with medicine and a meth addict. I'm not particularly a fan of Mayfield, but before the guy is stripped of his livelihood I think things should be investigated more. Given NASCAR's response to Mayfield defending his reputation, it seems that once again they are more interested in appearing beyond reproach than they are in getting the call right. (25 speeding penalties in one race, anybody?) If a thorough and transparent investigation reveal that Mayfield did take meth, then by all means he shouldn't be allowed to race until he proves he's clean.

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  21. 21
    dale said:
    Jul 4, 2009 at 10:48 PM

    Folks, the issue is not that he had meth in his system, rather that the combination of drugs caused a false positive for meth. That is quite a bit different from actually having meth in your system.

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  22. 22
    JLPlank said:
    Jul 5, 2009 at 4:48 PM

    I don't think that's the case Dale - they can pretty specifically measure meth. The issue is that the two medications that he took both contain a very closely related drug, and it's possible that either the medications weren't entirely pure (unlikely) or that his body turned some small amount of the medication into meth. This has been proven to occur with other medications.

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  23. 23
    keith308 said:
    Jul 6, 2009 at 11:32 AM

    Guess what? You can write all you want as it will make no difference in the outcome of this problem with Mayfield. You are all wasting your time writing this articles.

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