states (with emphasis added):
No horse participating in a race shall carry in its body any drug substance, its metabolites, or analog, which are foreign to the natural horse except as provided, by this rule.[2]
The Board of Stewards disqualified Eastern Delite, and ordered that the prize purse for the race be redistributed.
The Johnsons appealed the ruling of the Board of Stewards to the West Virginia Racing Commission, which affirmed the ruling.
*95 The Johnsons then appealed the Racing Commission's ruling to the Circuit Court of Jefferson County, and asserted that the zero-tolerance rule was unconstitutional. The circuit court, however, affirmed the Racing Commission's ruling in an order dated March 11, 2009. Noting that "[t]he essence of horse racing is the immediate finality of declaring the winner," the circuit court determinedof the Legislature, 1935, Regular Session, conferring power upon the West Virginia Racing Commission to prescribe rules, regulations and conditions under which horse races shall be conducted in this State, such commission has the authority to promulgate and enforce rules which provide that a horse owned by any person may be suspended when its saliva or urine shows the presence of any narcotic, stimulant or drug, and that the purse won by a horse found to have been stimulated shall be returned and redistributed.
In Spiker, in addition to challenging the Racing Commission's general authority to regulate racing, the petitionerlike the appellants in the case at barchallenged the constitutionality of the Racing Commission's rules to prohibit the racing of a horse under the influence of drugs. We plainly rejected