Swimmer Jessica Hardy - Condemned as a Cheater - Premature?

FACTS:

Jessica Hardy has no other reported positives for the banned substance Clenbuterol.

Clenbuterol is not approved in the US to treat asthma which is why it is not available for Therapeutic Use Exemption (TUE) by WADA.

Clenbuterol is available as a prescription bronchodilator in OTHER countries but not the US.

In the US, Clen IS approved for veterinary use in horses.

Clenbuterol is readily available on the internet.

Clenbuterol, according to the USDOJ Drug Enforcement Agency, is used as a preferred performance related substance by female athletes because it has some of the desired effects of anabolic steroids without the androgenic effects (the deepening of the voice, growth of facial hair and thickening of the skin).

(Clenbuterol is classified as a banned stimulant, NOT a steroid by WADA).

Clenbuterol has been detected in several tests for athletes in other regulated sports, so it should be publicly known as a substance an athlete does not want to be caught taking.

Jessica Hardy has been reported to have asthma. In fact, Hardy has a TUE in effect for several other substances which are in the banned list. An exemption can be granted for certain substances if proven that the athlete would suffer serious health issues by not taking them.

A Therapeutic Use Exemption often sets accepted levels of concentration for certain substances. After certain concentrations, the therapeutic benefit has been achieved and concentrations in excess would be unnecessary in relation to the athletes’ health. This would equate to testing positive to the substance without a TUE and the athlete would be subject to disciplinary action.

In the US, several effective anti-asthmatic pharmaceuticals are available and are eligible for TUEs, if medically necessary.

QUESTIONS:

So, did Hardy take the substance knowingly? She already had a TUE in effect for other substances used to treat her respiratory condition.

Why would she have jeopardized her spot on the US Olympic Team?

Might someone she trusted have provided the substance to her and presented it as one of her TUE included medications?

OUTCOME?

There are MANY unanswered questions and until more facts come to light, there is no way to condemn Jessica Hardy as a cheater.

It is understandable, and assumed, that many details are not publicly known because there is an active investigation in process and an appeal appears to be forthcoming.

Unfortunately, the facts that are currently being disseminated are not looking promising for Hardy or the US Olympic Team.

http://www.deadiversion.usdoj.gov/drugs_concern/clenbuterol.htm

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