Cycling and (A little bit of) the Law

Doping and the judiciary tend to conflict, largely due to the problem of muscle memory.

So how does muscle memory work exactly?

Like when you do push/sit ups the body remembers the pain and feeling at the time so that it seems easier to do them in the following repetitions.

When muscle memory and doping meet, it works in similar way- the drugs, you see affect the performance of the said muscle whilst under the influence, however one thing to take note of is that after the drugs and their masking agents are out of the system they leave some sort of imprint on the muscle so that it, to some varying degree trains the muscle to remember how it reacted on the drug despite not actually being on it.

The dilemma here is that after a rider is found guilty of doping and then returns from a suspension, who is to say then muscle memory from the doping does not occur?

The issue herein lies that muscle memory cannot really be prosecuted as I is the effect of a drug taken some time ago, and thus would be retrospective in terms of prosecution.

How can this issue be avoided in later cases? How do you think muscle memory can approached differently in terms of doping penalties?