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Ask your doc for an adderall prescription if you find this too long to read.
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BUT, the point is Adderral is a banned substance... he tested positive... NASCAR will deal with it.
CHARLOTTE, N.C. -- Independence Day came a few days early for suspended Sprint Cup driver Jeremy Mayfield, as a federal judge granted him a temporary injunction allowing him to race as early as this weekend.
The ruling, made Wednesday in U.S. District Court in Charlotte by senior Judge Graham Mullen, lifted Mayfield's suspension for failing NASCAR's substance-abuse policy and allows him to return as the driver/owner of his No. 41 team in time for Saturday night's race at Daytona International Speedway.
"The truth came out. That's what it's all about," Mayfield said after the decision was announced.
Concluding the "likelihood of a false positive in this case is quite substantial," Mullen said as he ruled in Mayfield's favor after about two hours of arguments, including NASCAR's contention that Mayfield is a danger to the sport after testing positive for high amounts of a dangerous, illegal drug.
Mullen ruled the "harm to Mr. Mayfield significantly outweighs the harm to NASCAR" in issuing the injunction, which doesn't settle the larger civil suit filed by Mayfield or NASCAR's countersuit.
Mayfield said it may be too late in the week to get his car to Daytona by the 8 a.m. deadline on Thursday. He left open the possibility he may drive for Larry Gunselman, who operates a part-time Sprint Cup team out of Mayfield's garage.
"The main thing is we're able to race again," Mayfield said.
Mayfield was suspended on May 9 after failing a random drug test eight days earlier at Richmond International Raceway. During a recess at Wednesday's hearing, NASCAR spokesman Ramsey Poston said Mayfield tested positive for methamphetamines. Mayfield has denied using the drug, saying a mix of medications led to the positive test.
It was initially reported that NASCAR would not appeal. However, Poston said later Wednesday: "As for appealing the decision, we are still considering our options."
The ruling also restores Mayfield as driver/owner of his own team. Mayfield's wife, Shana, took over as owner of the team while Mayfield was suspended.
Shana Mayfield burst into tears as the judge announced the decision.
"You can't imagine," Jeremy Mayfield said of his emotions upon hearing the judge had ruled in his favor. "It's huge to us, more than any race I've ever won."
In announcing the decision, Mullen said Mayfield may be subject to whatever drug testing NASCAR deems fit. He said that includes taking hair samples to determine "if he's a meth-head or not."
Poston said Mayfield will be tested on a regular basis, beginning with this weekend at Daytona.
"We are disappointed, but we respect the judge's ruling," Poston said. "This is only a temporary injunction. The legal case continues beyond this point, and we will continue to make our case."
Mayfield has maintained from the start that he did not take methamphetamines. He claimed the positive test was the result of combining prescribed Adderall for attention deficit hyperactivity disorder and Claritin-D for allergies.
"I have never taken methamphetamines in my life, and when accused of taking them I immediately volunteered to give another urine sample," Mayfield said in an affidavit.
He reiterated those comments on Wednesday, and will continue to fight his case in a lawsuit against NASCAR seeking monetary compensation for the time he missed racing while suspended.
Mayfield said the suspension has cost him sponsorship and forced him to lay off 10 members of his team. He has not attempted to enter the No. 41 team with another driver since the May race at Lowe's Motor Speedway in Charlotte.
Mullen kept his ruling to the temporary injunction, leaving the question of monetary damages to be determined at a later date.
Despite the injunction, the onus remains on Mayfield to create doubt about the test results as he seeks a permanent return to the track and compensation for monetary losses. His attorney, Bill Diehl, said that process could last more than a year.
Diehl said in a 45-minute argument that the evidence was "overwhelming" in favor of his client.
Diehl claimed that NASCAR's drug testing program does not meet federal workplace guidelines or follow proper procedure of SAMHSA [Substance Abuse and Mental Health Services Administration].
He argued that Mayfield did not give permission for the "B" sample to be tested after the "A" sample came back positive, as guidelines state, and that the "B" sample should have been tested at an independent laboratory. He said since proper procedure was not used and because the "B" sample was compromised when opened that the entire test should be thrown out.
Both samples originally were tested by Aegis Laboratory, the Nashville, Tenn.-based facility NASCAR employs to run its testing program.
"They must be held accountable," Diehl said of NASCAR and Aegis. "If you don't follow procedure then drug tests are thrown out."
Diehl also argued that NASCAR's policy is unfair because it does not provide a list of all banned substances, as is the case in most other professional sports.
He referred to the governing body as having almost god-like powers, saying "if they decide to ban Coca-Cola or coffee or orange juice or anything else," they can.
"That just smells bad," Diehl said. "And it stinks enough that the court should say 'You can't do that.' "
Diehl also argued that Mayfield has no prior history of drug abuse and that there was no testimony in the affidavits of those who collected the specimen indicating he showed signs of drug use.
He scoffed at NASCAR's charge that methamphetamines have been in Mayfield's system for some time, noting that Mayfield passed a test before the February opener at Daytona. He said if Mayfield had as much methamphetamine in his system as has been insinuated then "he's either a walking zombie or dead."
NASCAR argued there was indisputable evidence that Mayfield tested positive for methamphetamines. Its attorneys said that both of Mayfield's urine samples recently were sent to a second lab, MedTox Laboratories in St. Paul, Minn., and that the results confirmed the original tests.
Diehl said those samples were compromised because they already were open. He again pointed to procedure.
"If they met their own rules they wouldn't have tested either of them because the seal was broken," he said.
NASCAR argued that it is not a federal entity and does not have to follow federal guidelines. The NFL, the NHL and Major League Baseball also allow the "B" sample to be tested by the same lab as the "A" sample. But Diehl noted those organizations have a collective bargaining agreement that requires the testing policy to be approved by union members, while NASCAR has no such agreement.
NASCAR attorneys argued that Mayfield did not notify Dr. David Black or anybody at Aegis that he was on Adderall or Claritin-D until after the positive test, thus not following prescribed guidelines. They pointed out that the prescription for Adderall came from the "Vitality Anti-Aging Center and Medical Spa" and not Mayfield's primary physician.
Mayfield said the Adderall prescription did come from his personal physician and he has evidence to back that up.
Lawyers for NASCAR said allowing Mayfield back on the track before he is completely cleared by physicians would endanger the lives of other drivers, crew members and fans. They presented affidavits from several drivers, including Jeff Gordon and Jimmie Johnson, saying they did not want to compete with somebody known to have tested positive for a banned substance.
Diehl did not argue that point.
"It's almost a 'duh' statement to say they don't want drivers to use drugs," he said.
NASCAR attorneys also argued that the driver contract does not guarantee the right to compete and that Mayfield is not entitled to compensation. They also noted that Mayfield's team has had opportunities to enter races with another driver, as it did two weeks after the suspension with J.J. Yeley.
"While [Mayfield and his team] have not suffered, and will not suffer, any harm that could not be compensated through a monetary award, reversing the suspension would create a real and serious risk of injury or death to others," NASCAR stated in affidavits.
"If other drivers refuse to race, it will harm the relationships that NASCAR has developed with its drivers, fans, sponsors and broadcasters over the last sixty years."
Mullen disagreed, saying "the court finds the harm to Mr. Mayfield significantly outweighs any harm to NASCAR."
Diehl felt he argued his case well enough to win.
"Independence Day for Jeremy ought to be today," he said. "It is a case involving fairness."
David Newton covers NASCAR for ESPN.com. Information from The Associated Press was used in this report.
For example, by eating certain foods, or even taking certain chemicals, you can change the expression of genes you have. You may have a gene in your DNA that has a protein blocking its expression, and by taking a chemical or eating a food containing a chemical, over time (or sometimes immediately) you can remove the inhibitor on the gene, allowing it to be expressed. Or, the other way, if you don't want a gene to be expressed and it is being expressed, you can do the same thing to add something to it that inhibits its expression.
Fat people eating certain foods can turn on or off their gene for being fat, as it turns out. There is even at least one case I read about where a guy had some sort of cancer in his digestive tract that was past the point of being able to be treated by medicine or something, and as an experiment (since he was going to die anyway) they made him eat all kinds of leafy type foods for a few months, eating NOTHING else, and it turned off his gene for that cancer and his cancer went away.
They both come from the amphetamine family thats about it . They are two different drugs .
I have been taking adderall for a long time and since I have adhd it puts me in the zone and I get a lot of shit done . If someone that doesnt have adhd takes adderall they get super tweaky and dont get shit accomplished .
One thing none of you doctors have managed to point out yet (as I'm sure you ALL knew this) is that whenever someone takes a drug test they fill out a little disclaimer sheet where they list all the meds they are currently taking. When some doucher doesn't put anything on there, tests positive, and THEN claims they had a prescription afterwards, they are FULL OF SHIT.
Have a good day Doctors.
It's prescribed in smaller doses to treat "ADHD" and, of course, helps you get more things done. Street speed in equivalent doses would do exactly the same. And your statement that someone without ADHD wouldn't be similarly affected is just plain wrong....pretty much anyone that takes speed (or Adderal, or Ritalin) will have sharper focus and be less likely to be distracted from a task at hand. Larger doses will be just as likely to make you "tweaky" as it would a "non-ADHD" person, assuming you're both acclimated to the drug(s).
Here's my opinion. Adderal and Ritalin should be banned from motorsports, as all other forms of methamphetamine already are (hell, maybe they already are?) ADHD is a nonsense, quasi-diagnosis to begin with, and to use that as an excuse to allow certain competitors to gain an advantage with these drugs is bullshit. You want to use these drugs to treat your "medical condition"?? Fine. Find another line of work. You don't get to race motorsports while using these drugs. Easy enough.
Society decided a few years ago it was ok to create huge numbers of meth addicts (oooh, did I say that??) by drugging our children instead of using time, effort and discipline to control their unwanted behaviors. About the same time they decided anyone with pain has a "right" to whatever narcotic they request. Look around to see the results of this absolutely ridiculous decision.... makes be ashamed of my profession, really.
As for Mayfield's test being positive for both "meth" and Adderal, I'm pretty certain the testing used today can easily differentiate the two. Not that that matters to the judge they found to give him a stay on the suspension. Surprise, surprise.
Dr. Mark, could you comment?
Long story short, he went straight to the hospital to have a blood test done, and he had no opium in his system, but rather Tylenol PM, which in some drug tests can show up as opium.
He didn't get fired. lol
Pit Row
Methamphetamines are really the gold standard of PED's when you're talking about the actual competition itself. Steroids? All about the training phase....
But when it's time to compete, there's really nothing to compare to speed. Unless, maybe, you're talking about shooting in the biathlon where a steady hand is your biggest advantage.
Just kidding. Please put this shit thread in non moto already.
And Doc, while I obviously respect your doctorness, I also thought ADD was a BS diagnosis for a long time...
Until I was diagnosed with it, and it was medicated. The medication I was put on was not a stimulant, and it changed my life. So although I understand your point of view, having shared it myself until about six months ago, I know for a fact that ADD/ADHD is for real.
Circa 1970. This has been going on a long time.
Given the unfolding knowledge of brain development continuing into young adulthood, I think there are fair distinctions to be made between prescribing psychotropic medications to children as compared to adults.
I was lucky. When I was a kid and they started prescribing some of these drugs, I had a teacher that suggested my mom take me to the doc for ADHD. Fortunately, I had a good pediatrician and as he told my mom, I was over active, not hyperactive...
If I had a different doc, who knows. I may still be on the pills. I'm glad I'm not. No way would I let some doc put my daughter on anything. I am sure there are examples of when meds are really truly needed. But I think that too often it is used as a substitute for taking the time to instill discipline.
Do they help kids with "hyperactivity?" Apparently so, at least in the short term. Would these kids be helped with more exercise/energy burn/appropriate discipline?? Those studies haven't been done, so we don't know......wouldn't it be good to know though? Do we know what the long term effects are of the overprescribing of Ritalin/Adderal?? Not yet, and that concerns me greatly.
From my perspective, these agents are MASSIVELY overprescribed.....and often given on the recommendation of grade school teachers?!?! WTF is up with that? Crazy shit.
This is one of the few threads that actually has something of value right now...
You don't think it has anything to do with moto? If not, you are a fool...
Nothing to see here...
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