The 2018 Triple Crown winner failed a drug test weeks before the Kentucky Derby and should not have been allowed to race.

The New York Times reported that Justify failed a drug test. That test was reviewed by the California Horse Racing Board which took almost a month to come back with the results. The board should have filed a public complaint but instead moved to drop the case against the horse and lighten the penalty for any horse with the substance found in their system.

A failed drug test would usually mean disqualification and forfeiture of both the prize money. It would have also prevented Justify from participating in the Kentucky Derby. Justify ended up winning the derby and eventually became the 13th Triple Crown in the past 100 years.

According to test results, emails and internal memos, California regulators waited three weeks to notify the trainer that the horse had failed the test. At that point, the Derby was only 9 days away. Four months later, the board dropped the inquiry altogether during a closed-door executive session raising some serious questions about their decision making process.

Read more about five critical point that could have influenced the Triple Crown winner at Heavy.