§ 401.2. General provisions.
(a) The purpose of this chapter is to protect the integrity of horse racing, to ensure the health and welfare of the horse and to protect the interests of the betting public and racing participants through the prohibition, strict control and detection of drugs, medications, foreign substances to the untreated horse and the regulation of devices for the administration of those substances. In this context:
(1) A horse participating in a race may not carry in its body a prohibited drug, medication, chemical, substance or any other substance foreign to the untreated horse, except as otherwise provided.
(2) A person acting alone or in concert may not provide, administer, cause to be administered or allow to be administered to a horse, by any means or methods, a foreign substance, a prohibited drug, medication, chemical or other substance, including any restricted medication under this chapter during the 24-hour period prior to the scheduled post time for the race in which the horse is entered, except as otherwise provided.
(3) In addition to the Commission approved Prohibited Substances List and the provisions of Chapter 403 (relating to equine veterinary practices—temporary regulations), the term prohibited substance shall include:
(i) Drugs or medications for which no acceptable threshold concentration has been established;
(ii) Controlled therapeutic medications in excess of established threshold concentrations or administration within the restricted time period, if approved by the Commission, and set forth by the ARCI Controlled Therapeutic Medication Schedule and the Uniform Classification Guidelines of Foreign Substance;
(iii) Substances present in the horse in excess of concentrations at which the substances could occur naturally; and
(iv) Substances foreign to a horse at concentrations that may cause interference with testing procedures.
(b) No person may possess or use a drug, substance, chemical or medication on the premises of a licensed racetrack or other facility under the jurisdiction of the Commission that:
(1) A recognized analytical method has not been developed to detect and confirm the administration of the substance;
(2) Its use may endanger the health and welfare of the horse or endanger the safety of the rider or driver;
(3) Its use may adversely affect the integrity of racing;
(4) No generally-accepted use in equine care exists; or
(5) Has not been approved by the United States Food and Drug Administration (FDA) for use in the United States.
(c) Notwithstanding subsection (b), a person may have in his possession within a race track enclosure a medication or drug for that person’s own use if the person produces a proper and valid prescription. If the medication, drug or chemical substance is prohibited from being dispensed by Federal or State law without a prescription, that person shall possess documentary evidence that a valid prescription for the chemical substance has been issued to him. However, regardless of a valid prescription, a jockey, driver or trainer may not use or be under the influence of a medication, drug or other chemical substance while actively engaged in their respective activities. The possession of a medical marijuana card by a licensee shall not be a defense to the charge of violating the rules of racing for possession of a controlled substance for jockeys, drivers and trainers engaged in their respective occupational duties.
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