Section 163.312. Possession of illegal drug devices

The stewards or the Commission, or both, or their designees, shall have the right to enter buildings, stables, rooms or other places within the grounds of an association, and to examine them and to inspect and examine the personal property and effects of a person, within these places. A person granted a license by the Commission, by accepting his license, consents to the search and seizures of hypodermic syringes, hypodermic needles or other devices, and drugs, stimulants or narcotics which could be, used in connection therewith, or appliances—electrical, mechanical or otherwise—other than the ordinary equipment, of the nature as could affect the speed or racing condition of a horse.

The provisions of this § 163.312 amended through July 3, 1980, effective July 26, 1980, 10 Pa.B. 2883. Immediately preceding text appears at serial page (51670).

Notation

Notes of Decisions

A jockey who obtains a license from the commission consents to a warrantless search and seizure of drugs and drug paraphernalia whether or not the drugs might be used to affect the speed or racing condition of the horse. Luzzi v. State Horse Racing Commission, 548 A.2d 659 (Pa. Cmwlth. 1988).

Cross References

This section cited in 58 Pa. Code § 163.302 (relating to foreign drugs, medications or substances); and 58 Pa. Code § 163.308 (relating to official laboratory).