You can get an exemption, but you have to ask first, and renew the request every year, which is dumb since like blood pressure medicine, you need to take it continuously.

Edinson Volquez was busted while on the DL for Tommy John because he couldn’t find the non-banned drug the Reds doctor had him on, and his doctor in the DR put him on the restricted drug. MLB knew what he was being treated for and that he couldn’t pitch for another 6 months anyway, and let him serve his suspension on the DL. But he was suspended because he didn’t ask first.

http://espn.go.com/espn/otl/story/_/id/8963926/documents-south-florida-clinic-heart-mlb-performance-enhancing-drugs-investigation-link-five-baseball-players

http://www.cbssports.com/mlb/blog/eye-on-baseball/21733162

http://sports.yahoo.com/blogs/mlb-big-league-stew/report-gio-gonzalez-passed-post-biogenesis-drug-test-193054217–mlb.html

Because apparently whatever Gio says is true and could in no way be in his own desire to protect himself against suspension.

but there need not be a failed test to suspend a major league player as part of the drug program. It happened to Manny his first suspension.

Are you sure about this? All the reports I’m finding via google mention a failed drug test (with some noting that they found artificial testosterone as well). hCG does have legitimate uses in men with low testosterone, but I’m not sure if it’s covered under the Therapeutic Use Exemption.

BTW, it looks like OKC might lose their Astros affiliation. That stinks.

Yeah, they could be that stupid.

But no generalization is perfect over 500 years.

If it turns out that Bud & Co. are railroading this kid based solely on Bosch’s notes . . . well, I’m failing to see how someone with access to a lawyer could fail to bring suit and have an excellent case against MLB.

MLB has lawyers and they MUST know this. Ergo, they must have some real evidence beyond Bosch’s notes. If they don’t . . . they are asking for Braun 2.0. They can’t be THAT stupid . . . can they?

To a certain extent you have a well healed group of players pitted against the entrenched bureaucracy, to wit MLB. On the one hand monied, motivated, quick to react group of free lancers that are more than willing to engage in a pharmaceutical “arms race” with each other and on the other hand you have a stodgy bunch of businessmen that can only react to developing PED protocols. And frankly, MLB’s primary interest in fighting PED abuse is to protect the reputation of their cash cow business so as to keep the cash flowing in and franchise values increasing. Against that background MLB will always be playing catch up, .. they’ll always be Wiley E. Coyote to the players Road Runner, .. Bugs Bunny to MLB’s Elmer Fudd….

It would appear that MLB is taking the approach that they will change the culture of players using PEDs before they get to the majors and develop the resources and gain the protection of the union, .. hence the seemingly harsh punishment. If so, the strategy isn’t without merit. One of the key components of the reduction of smoking in society is getting to potential smokers before they become smokers. Not the cleanest analogy but it fits. The fact is the union, which will not even protect clean players from PED abusers, has consistently bested MLB so why lock horns with them again? Why not do what is doable and hopefully more clean players will get into the big leagues that will not only not use PEDs but will add pressure to get abusers to stop?

The bottom line, there are two question to be asked;
1. Did the minor leaguer in fact break the rules?
2. Are the sanctions allowable under his contract?

If the answers are yes than I’ve little sympathy for him. And, if this incident causes him to not make the majors then he likely never had the mental toughness in the first place or was only marginal prospect at best. Personally, I’m tired of reading about PEDs and as long as the sanctions are evenly applied I’m all for strict enforcement. I’d rather not wonder if I’m watching baseball or some elaborate bio-chemical experiment. When it comes to PEDs in baseball to paraphrase Mao, .. kill one to scare 1000.

http://www.bizofbaseball.com/docs/2012-16MLB-MLBPAJointDrugProgram.pdf

The only player who I am aware of who tried to use this defense was Neifi Perez, who was suspended twice for stimulants in 2007. The Medical Testing Officer’s opinion was that the stimulant he has busted for the first time would have washed out of his system by the time he failed his second test.