Gil Roberts won’t serve a suspension for a positive drug test that he claimed was a result of kissing his girlfriend “frequently and passionately.” On Thursday, an appeals court in New York cleared Roberts of any wrongdoing in a case that could have resulted in a four-year suspension for the 400m runner.

Roberts, a member of the U.S. gold medal 4x400m team at the Rio Olympics, tested positive in March for the banned substance probenecid. Roberts appealed the result at the time and said that the substance entered his system after kissing his girlfriend, Alex Salazar. Salazar was prescribed Moxylong while she was in India in order to combat a sinus infection. She continued taking the medication when she returned to the United States. 

“On March 24, 2017, the date of the drug test, Ms. Salazar arrived at Roberts' apartment near noon,” the initial report from USADA read. 

“Around 1:00 or 1:30 PM, she went into the kitchen to take her medicine. She did not tell Roberts what she was doing and he did not see her take the medicine. She opened the capsule, poured the contents in her mouth, then washed it down with water. Shortly thereafter she found Roberts and started kissing him."

World anti-doping officials claimed that Roberts showed negligence in allowing the substance to enter his system.

“I’m like, how can I be negligent for kissing my girl?” Roberts said to The New York Times.

Probenecid is prohibited because of its ability to mask other drugs.

At the hearing in New York, Roberts’ team relied on testimony from Dr. Pascal Kintz. Kintz also testified at the case of tennis player Richard Gasquet, who claimed that cocaine entered his system because he kissed a woman at a night club who had taken the substance.