MARYLAND STATE ATHLETIC COMMISSION MINUTES - THURSDAY, FEBRUARY 21, 2008 The Thursday, February 21, 2008 meeting of the Maryland State Athletic Commission was called to order at 3:25 p.m.. Present were: Commissioner Ben Alperstein; Commissioner Raymond Daue; Commissioner Lenny Moore; Patrick Pannella, Executive Director; and Bruce C. Spizler, Senior Assistant Attorney General. APPROVAL OF APRIL 3, 2008 “PRO-AM” BOXING SHOW Executive Director Pannella led a Commission discussion in regard to the April 3, 2008 “pro-am” boxing show proposed by promoter Michael J. Wagner of Ballroom Boxing and scheduled to be held at Michael’s Eighth Avenue in Glen Burnie. Upon a motion by Commissioner Alperstein, and seconded by Commissioner Daue, the Commission voted unanimously (3-0) to approve the following “pro-am” boxing show: “Pro-Am” Boxing Show Friday, April 3, 2008 - 8:15 p.m. Michael’s Eighth Avenue - Glen Burnie, Maryland Promoter: Michael J. Wagner / Ballroom Boxing. APPROVAL OF PROFESSIONAL WRESTLING SHOWS Executive Director Pannella led a Commission discussion in regard to the professional wrestling shows currently scheduled to be held in the months of February, March and April of 2008. Mr. Pannella reported that the professional wrestling show scheduled for March 15, 2008 is to be preceded by two amateur kickboxing exhibitions. Mr. Pannella noted that these kickboxing exhibitions will be sanctioned and regulated by the Commission, and will be staffed by a Commission referee, two Commission physicians, and Mr. Pannella serving as a 1 Commission inspector. Upon a motion by Commissioner Alperstein, and seconded by Commissioner Daue, the Commission voted unanimously (3-0) to approve the following professional wrestling shows: Professional Wrestling Show Sunday, February 10, 2008 - 7:30 p.m. Promoter: James “Jim” Hardwick / Eastern Wrestling Alliance (ECW) Tall Cedars Hall (Putty Hill Avenue) - Baltimore, Maryland; Professional Wrestling Show (Including Two Commission-Sanctioned Amateur Kickboxing Exhibitions) Saturday, February 23, 2008 - 7:00 p.m. Promoter: Richard Caricofe / National Wrestling League (NWL) All-Star Karate and Kickboxing Gym - Hagerstown, Maryland; Professional Wrestling Show (Including a Karate Demonstration, Exempt from Commission Regulation) Saturday, March 15, 2008 - 7:00 p.m. Promoter: Richard Caricofe / National Wrestling League (NWL) All-Star Karate and Kickboxing Gym - Hagerstown, Maryland; Professional Wrestling Show Sunday, March 16, 2008 - 7:30 p.m. Promoter: James “Jim” Hardwick / Eastern Wrestling Alliance (ECW) Tall Cedars Hall (Putty Hill Avenue) - Baltimore, Maryland; Professional Wrestling Show Sunday, April 20, 2008 - 7:00 p.m. Promoter: James “Jim” Hardwick / Eastern Wrestling Alliance (ECW) Tall Cedars Hall (Putty Hill Avenue) - Baltimore, Maryland; and Professional Wrestling Show “Backlash” Pay-Per-View Event Sunday, April 27, 2008 - 7:30 p.m. 2 Promoter: Event Services, Inc. A Wholly-Owned Subsidiary of World Wrestling Entertainment Inc. First Mariner Arena - Baltimore, Maryland. TESTING PROCEDURES AND POLICIES REGARDING THE DETECTION OF MARIJUANA IN A BOXER Executive Director Pannella advised the Commission that the testing procedures utilized by the Commission for the detection of marijuana in a urine sample provided by a licensed boxer prior to participating in a bout is now capable of detecting the major metabolite of marijuana at a level of 20 ng/ml via a preliminary screen; however, unless a confirmatory testing of the urine specimen reveals a level of 100 ng/ml or higher, a "positive" is not called, and no disciplinary action is instituted. Following Mr. Pannella having conducted a survey of the policies and procedures of other boxing commissions in the United States regarding the testing of a boxer for the presence of marijuana and/or its major metabolite, Dr. Michael Ballo, a Pathologist at St. Agnes Hospital, and Mr. Edward Kramer, Customer Service Representative, Friends Medical Laboratory, were invited to make a presentation to the Commission regarding these matters. Dr. Ballo and Mr. Kramer advised: It is difficult to correlate the amount of marijuana (or its metabolites) in a person's body with the time of its use; the "effect" of marijuana use is dissipated within four to six hours of its use (regardless of its potency); Marijuana is broken down into numerous metabolites, the major one is delta9-THC-COOH (25-30%) which is excreted from the body in feces (65%) and urine (35%); Once delta-9-THC-COOH is absorbed, it is rapidly distributed and accumulates in the body's fatty tissue; The screening test at Friends Medical Laboratory (the lab used by the Commission to conduct its drug testing), is an immunoassay test which, now, 3 is capable of detecting total THC (inclusive of delta-9-THC-COOH) at a level of 20 ng/ml (previously, able to detect at a level of 100 ng/ml); The confirmatory test at Friends Medical Laboratory is a gas chromatography/mass spectroscopy test which is capable of detecting total THC at a level of 10 ng/ml; delta-9-THC-COOH has a "half life" of 7 days (i.e., half disappears in 7 days; the half of the remaining portion disappears in the next 7 days; half of that remaining portion disappears in the next seven days; etc.) with complete elimination taking up to 30 days ("chronic" users, 30-40 days; "naïve" users, several hours); and the "strength" of marijuana will affect the amount of detectable delta-9-THC. Dr. Ballo suggested that, in deciding the levels of detection upon which disciplinary action is to be brought, the Commission should balance the reasons for discipline (the possible impairment of a boxer's concentration, slowed reaction, or altered perception) with the choice of an individual to use a "non-performance enhancing" drug. In light of these factors, Dr. Ballo suggested the following levels of delta-9THC-COOH, found in a boxer's urine sample, serve as "positive" possibly warranting disciplinary action: preliminary screen (immunoassay): total THC -- greater than 100 ng/ml; and confirmatory GC/MS assay: delta-9-THC-COOH -- greater than 50 ng/ml. Dr. Ballo explained that, if the preliminary screen is not greater than 100 ng/ml for total THC, no further testing need be conducted and the results declared "negative". Only if the preliminary screen is greater than 100 ng/ml for total THC should a confirmatory test be conducted; and, then, only if the confirmatory test is greater than 50 ng/ml for delta-9-THC-COOH, should a "positive" be called. Mr. Kramer opined that the utilization of these testing thresholds as a "positive" would prevent a boxer from effectively arguing "passive inhalation" as the reason for the "positive" test result. 4 Commissioner Moore noted that athletes who use marijuana shortly before engaging in competition do so in an attempt to become more mentally relaxed or to experience a false sense that their skills are enhanced. Following further discussion, upon a motion of Commissioner Daue, seconded by Commissioner Moore, the Commission voted unanimously (3-0) to approve as Commission policy the testing of boxers and kickboxers for marijuana at a preliminary screen (immunoassay) level of greater than 100 ng/ml of total TCH. If the preliminary screen is 100ng/ml or less, a "negative" result is to be reported. If the preliminary screen is greater than 100 ng/ml, a confirmatory GC/MS assay test is to be conducted. If the result of the confirmatory test is 50 ng/ml of delta-9THC-COOH (the major metabolite of marijuana) or less, a "negative" result is to be reported. A "positive" result is to be reported only if the confirmatory test is greater than 50 ng/ml of delta-9-THC-COOH. MMA LEGISLATION: SB 649 / HB 795 Senior Assistant Attorney General Spizler provided the Commission with the following report in regard to SB 649 / HB 795, legislation currently being considered by the Maryland General Assembly which seeks to authorize mixed martial arts (MMA) contests in the State. The Maryland Department of Labor, Licensing and Regulation (DLLR) and the Commission are in support of the two identical MMA bills, provided that amendments proposed by DLLR and the Commission are adopted. Mr. Spizler and Executive Director Pannella worked together to prepare written testimony explaining the Commission’s position; the written testimony was distributed to both the Senate Education, Health and Environmental Affairs Committee and the Health Economic Matters Committee. The Commission proposed the following amendments as being imperative to such a State-sanctioned activity and effective regulation: 1. A more concise, but encompassing, descriptive definition of MMA; 2. Express restrictions on the nature of contact during an MMA “exhibition”, which are identical to the restrictions 5 currently in place under State law regarding “martial arts”; and 3. In the absence of any “nationally recognized” amateur kickboxing organization or amateur MMA organization, the regulation of amateur MMA by an amateur kickboxing organization or amateur MMA organization which: (a) is approved by the Commission, with such approval not arbitrarily or capriciously being withheld; (b) administers and enforces amateur MMA regulations adopted by the Commission; and (c) does not have a financial interest in either an MMA contestant or the promotion of an MMA contest. Mr. Spizler and Mr. Pannella both noted that the Commission’s focus begins and ends with safety. Commissioner Daue thanked Executive Director Pannella and Senior Assistant Attorney General Spizler for their collaborative efforts in working diligently on the MMA issue on behalf of the Commission. Upon a motion by Commissioner Daue, and seconded by Commissioner Alperstein, the Commission voted unanimously (3-0) to formally support SB 649 / HB 795 provided that the amendments proposed by DLLR and the Commission are adopted by the Maryland General Assembly. REVIEW OF JANUARY 31, 2008 “PRO-AM” BOXING SHOW Commissioner Moore and Executive Director Pannella led a review of the January 31, 2008 “pro-am” boxing show which was promoted by Michael J. Wagner of Ballroom Boxing and held at Michael’s Eighth Avenue in Glen Burnie. NEXT COMMISSION MEETING Executive Director Pannella announced that the next Commission meeting will be held on Thursday, March 27, 2008 at 2:00 p.m. in the Third Floor Conference Room, 500 North Calvert Street in Baltimore. ADJOURNMENT 6 Upon a motion by Commissioner Daue, and seconded by Commissioner Moore, the Commission voted unanimously (3-0) to adjourn the meeting at 5:09 p.m.. 7