Nick Diaz Challenging Suspension For Marijuana Use

Per a response filed to the Nevada State Athletic Commission on March 7, UFC welterweight Nick Diaz is challenging the commission's complaint for disciplinary action that he tested positive for a prohibited substance following a Feb. 4 contest in Las Vegas.

Following a unanimous decision loss to Carlos Condit at UFC 143, the NSAC reported Diaz submitted a urine test that tested positive for "marijuana metabolites." The commission voted later that month to temporarily suspend Diaz's fighters license.

That suspension is unwarranted, according to Diaz's attorney, Ross Goodman, who states that "marijuana metabolites" are not a prohibited substance according to the list used by the NSAC, which is adopted from the World Anti-Doping Agency.

"Marijuana is the only substance that is prohibited; not marijuana metabolites," Goodman told ESPN.com.

"The basis to discipline Mr. Diaz is that he tested positive for a prohibited substance. We know he didn't test positive for marijuana. So, you look to see at WADA whether marijuana metabolites are prohibited. They do not prohibit it in any category."

In a sworn affidavit submitted with the response, Diaz stated he has been diagnosed with Attention Deficit Hyperactivity Disorder for which he was prescribed medical marijuana by his physician, Robert E. Sullivan. Medical marijuana is legal in both Nevada and California, where Diaz resides.

Diaz and his camp have said the fighter suspends his use of marijuana eight days prior to a contest. Under the statues set forth by the NSAC, athletes are not punished for using marijuana out-of-competition.

According to Goodman, the substance Diaz tested positive for was THC-Carboxylic Acid, an inactive marijuana metabolite. NSAC executive director Keith Kizer was unavailable to comment on that claim Monday.

The response filed to the commission, therefore, challenges that Diaz merely tested positive for an inactive metabolite, which is not listed as a prohibited substance.

"You have to test positive for marijuana, as opposed to this inactive ingredient Nick did," Goodman said.

"If there's nothing in the rules prohibiting marijuana metabolites, why are we here?"

Athletes are provided the option to submit an application to the NSAC requesting therapeutic exemptions for different substances.

Goodman says Diaz did not take that measure because he discontinues use eight days before a contest -- long enough for the effects of the active compound in marijuana, THC, to wear off.

The filed document also points to the "long detection window" of marijuana in one's system as a potential reason why WADA does not include metabolites on its banned substance list.

Diaz's legal team argues that since marijuana is not prohibited to athletes out-of-competition per commission standards, it would be unreasonable for its banned substance list to contain marijuana metabolites.

"Why punish Nick, or anybody else for that matter, for a metabolite?" Goodman said. "We're not talking about a cocaine metabolite. We're not talking about something illegal. We're talking about a metabolite that stays in your system for weeks or months."

The UFC had planned to set up an immediate rematch between Diaz and Condit, prior to the NSAC's findings. When hearing the news, UFC president Dana White said he was "beyond disappointed."

Diaz faces a potential one-year suspension for the positive test. In 2007, he tested positive for marijuana following a submission victory over Takanori Gomi in Las Vegas, resulting in a six-month suspension and the result changed to a no-contest.

A formal hearing to sentence Diaz was expected to take place in April; however, Goodman told ESPN.com that date might be delayed due to Monday's filing.

- Article from ESPN.com.

Comments

Dana white would be happier

Dana white would be happier if they were poster boys for pharmaceutical companies and all their shorts said oxycontin, champix and abilify.

What a tool. Step up Dana. Fighters get hurt, it's good pain relief that doesn't leave them all addicted. Grow a pair and support them.

BIG HAT TRICK IN TIME

i am the current the wind am i

Wednesday, March 14, 2012 6:26 AM

To:

theyoungturks@googlegroups.com, SQUAWK@CNBC.COM, Jodie@cannabisculture.com, Rasuperstar@hotmail.com, barroshawaii@hotmail.com, bweilmd@verizon.net, Cityofangels2collective@hotmail.com, Dylan@DylanRatigan.com, fv@fluidvision.com, info@AmericansForSafeAccess.org, info@procampsports.com, joerogoway@cannabislawinstitute.com, maria@wsjreport.com, mlmathre@hughes.net, Mustangdailynews@gmail.com, norml@norml.org, producers@rttv.ru, rome@haveatake.com, scoop@huffingtonpost.com, stephen@texascompassion.com, steve@kubby.org, "Theresa Smith" , trella@trellainhawaii.com... more

http://www.cannabisculture.com/v2/content/2012/03/05/Stoner-Sports-News-Howling-over-HowlandThe-Rangers-Get-Whirling-Darvish#comment-40765

FILE - This March 7, 2006 file photo shows a bald eagle takes flight from a tree... (AP Photo/Ted S. Warren, File)

March 7, 2011 at 9:26 am

We are assaulted and must respond to the Lyme Plague ( see plum island conspiracy theory by Jesse Ventura the former governor of Minnesota ).
Look at the time date action of the making of marijuana illegal.

We are surviving a living holocaust.

Why are we not using the 1946 tort law to make claim for the assault by the government?

Please please use whats left of your mind and living will while you can.
March 7, 2011 at 9:31 am

I believe your first hand knowledge of the degree of inability to respond to reasonable fact has lead to the necessity of a logical conclusion. We have an international problem with the US military facing a human rights violation for war crimes against citizens of many nations as a result of biological war.
The cannabis community realizes the human rights violations and is focusing on utilizing the united nations human rights efforts to plea the case and facilitate international resolve.

Wyoming tribe gets rare permit to kill bald eagles

By BEN NEARY Associated Press The Associated Press

Tuesday, March 13, 2012 8:53 PM EDT

CHEYENNE, Wyo. (AP) — The U.S. Fish and Wildlife Service has taken the unusual step of issuing a permit allowing an American Indian tribe to kill two bald eagles for religious purposes.

Mar 13

TIME TO TACKLE BIG BIRD/SAMARITAN RESPONSIBILITY

http://www.cannabisculture.com/v2/content/2012/03/08/2nd-Annual-UBC-Cannabis-Convention-Now-Video#comment-40710

The issue of governments unlawful bio war has to be addressed by the world. Samaritan Responsibility is required with key players.

The truth of previous investments has been realized and the main issue must be managed.

The period of greater intervention is upon us. We all know the weather news.

Air Bending Brother Born
Embracing Ignorance with Divine Compassion

Thank you for your care - we all really need a lot of help - specific facts provided to previous parties of invested interest for years now - enough already. As a great surfer documentary title nailed it - "In God's Hands". Now the Mercy will be provided.

p.s. Time to call the troops. The American Independent Film Market and the ...

NISI MASA is a European network of young cinema associations, created in 2001 and currently present in 26 countries including both European Union and neighbouring states such as Albania, Macedonia, Kosovo, Turkey, Russia and Ukraine.

http://www.cannabisculture.com/v2/content/2012/03/05/Stoner-Sports-News-Howling-over-HowlandThe-Rangers-Get-Whirling-Darvish#comment-40662

ganja.

is the ganja now considered a performance enhancing drug, is this the reason Nick defeated Condit??

Man goes nuts in ring high on pot

I believe Condit won that fight. I'm glad I didn't order PPV as it sounded like an unpopular decision by the judges. Diaz & GSP would be an awesome fight. Stay tuned

ganja

the corrupt politicians and their puppets have been saying for years that marihuana makes you lazy, fat and stupid, now they want us to believe it is a performance enhancing drug and they want to rob Nick of his victory.

Fighting Mad

Diaz is a great athlete & fighter. The more power to him if he smokes pot.
It does not enhance his performance at all other than mindset.
UFC color commentator Joe Rogan is also a big advocate. Are they going to spank him as well.
Shouldn't the drug alcohol be banned as well? LoL.

America the Free?

America the Free? It is a big myth.
The rules and laws were made up by a bunch of old cronies back in the cold war era and should be upgraded to meet reality in the 21st century. It should be a non issue.
Nevada is corrupt, morally.

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