CHRB to Revisit Justify's Santa Anita Derby Win

The California Horse Racing Board officially has agreed to proceed with a complaint seeking the disqualification of Justify  from his victory in the 2018 Santa Anita Derby (G1) and the redistribution of that purse based on laboratory findings that the eventual Triple Crown winner's post-race sample tested positive for scopolamine.

Last month, attorneys for Mick Ruis, the owner and trainer of Bolt d'Oro , who finished second to Justify in the Santa Anita Derby, said that as part of a preliminary agreement to settle litigation brought by Ruis, the reshaped CHRB had agreed to conduct a purse disqualification hearing concerning the race.

On Aug. 27, the CHRB confirmed that it had made that agreement official in a closed-session vote Aug. 20.

Because the CHRB found substantial evidence of environmental contamination caused by jimson weed as the reason for the scopolamine positive, it will not be filing a complaint against trainer Bob Baffert.

In addition, the CHRB is seeking the disqualification of Hoppertunity , the winner of the Tokyo City Cup Stakes (G3) at Santa Anita on April 8, 2018, and the redistribution of that purse based on laboratory findings that his post-race sample also tested positive for scopolamine. Though not the subject of current litigation, this medication positive was similar to the one involving Justify and determined to be from environmental contamination linked to jimson weed. Baffert also trained Hoppertunity.

The CHRB investigative unit has filed both complaints for redistribution of the purses with the board of stewards at Del Mar. CHRB investigators have served notice to the affected parties by mail or personally if possible. The stewards have scheduled the required hearings for consideration of a disqualification and purse distribution Sept. 20 at Santa Anita Park.

Though Justify had an overage of 300 nanograms after the Santa Anita Derby—five times the residue limit the International Federation of Horseracing Authorities has put in place to try to account for environmental contamination—CHRB equine medical director Rick Arthur said the test pointed to contamination because of the presence of atropine, which Arthur said is only present when scopolamine is caused by jimson weed ingestion.

Baffert has maintained that he never administered scopolamine to any of his horses.

There have been previous regulatory decisions, including decisions in California, where it's been determined that contamination occurred—resulting in no sanctions for the trainer involved—but because the horse ran with an illegal substance, or legal substance at too high a level, decisions were made to disqualify those horses.

In 1994, the CHRB, following an administrative law judge's decision, determined that scopolamine found in post-race urine samples was linked to bedding straw contaminated by jimson weed, but because the horses were still racing with a prohibited substance in their systems, they were disqualified. Because the trainers were not involved, they ultimately were not sanctioned.

That decision was upheld by a California Court of Appeals, overturning a lower court's decision that called for the board to reconsider its action calling for disqualifications. The horses involved in that case tested positive with scopolamine levels between 15 and 47 nanograms.

In recognizing the likelihood of contamination, Arthur said the CHRB has not moved forward on a scopolamine positive since Dixie Crisp was disqualified from a February 2007 victory at Bay Meadows. 

After winning the Belmont Stakes Presented by NYRA Bets (G1), Justify was retired with six wins in six starts. That perfect record would again be on the line when the CHRB meets next month.