The Canadian snowboarder Ross Rebagliati, who was stripped of his Olympic gold medal after testing positive for marijuana, is being allowed to keep his title.

A narrow vote by the International Olympic Committee to strip him of his medal was rejected by the Court of Arbitration in Sport, after an appeal by the Canadian Olympic Association.

The CAS said that the IOC failed to supply medical evidence proving that the quantities of the drug found in his system could not have come from passive smoking.

The BBC's Mark Pougatch in Nagano talks to Nicky Campbell on Radio 5 Live (2'-36")

It also noted that there was no agreement with the International Skiing Federation to sanction the use of cannabis and that the drugs list provided by the Nagano organisers did not specify marijuana as a banned substance.

Instead, the drug guide simply referred to it as a substance to be used "cautiously".

Announcing its decision, the CAS stressed that it did not condone the use of marijuana, but added: "If sports authorities wish to add their own sanctions to those that are edicted by public authorities, they must do so in an explicit fashion. That has not been done here."

Insubstantial evidence

The 26-year-old Canadian had volunteered to be questioned by police in Nagano. Japanese police said they are unlikely to press charges.

"As long as we don't have substantial evidence, such as confirmation of his possession of drugs, we are unlikely to arrest him," said a police spokesman.

"So far, we have no plan to search his room."

Rebagliati, who won the snowboard giant slalom title on Sunday, denied using the drug.

He told Canadian officials that he had been with a group of drug-smoking friends in his home town of Whistler, British Columbia, on January 31, the day before leaving for the Olympics.

Possession of marijuana is a serious offence in Japan and carries a maximum five-year prison sentence.
 

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