Nick Diaz files claim against NSAC; denies lying on pre-fight drug questionnaire
Posted on April 12, 2012, 05:56 PM by Mike Drahota
News recently broke that a claim has been put in place against the NSAC by the legal team representing suspended fighter Nick Diaz. Diaz, suspended for failing a drug test since his bout versus Carlos Condit at UFC 143, is still awaiting the final details of his possible suspension from the NSAC. However news of the claim is centered around a different dispute, one that attempts to refute an earlier suggestion from the commission that had Diaz lying on a pre-fight questionnaire concerning the use of any prescription medications.
According to the NSAC, Diaz lied on this set of questions by denying that he took any prescribed medications, but it is commonly known that he is prescribed medical marijuana in the state of California where he lives. Used for his ADHD, it was marijuana metabolites that now have Diaz' ability to fight up in the air. His legal team has since come up with an aggressive defense, focusing on the idea that the state of Nevada does not actually prohibit inactive marijuana metabolites, thereby making Diaz' pending suspension unfounded. This claim may have bearing on the punishment handed down, if it truly carries any weight in the courtroom.
Earlier the public information officer for the Nevada attorney general had alleged that Diaz had tested positive, but also lied on the questionnaire. Soon his lawyers issued a response, stating that Diaz had broken no rules in his statements prior to the fight. They insisted that Diaz did not understand the terminology; and did not think his ADHD was considered a “serious illness” as listed. Lastly, he believed his marijuana not to be a prescribed medication, only approved of and recommended by a physician. Obviously the fight between Nick Diaz and the Nevada State Athletic Comission has begun to heat up, and only time will tell if this recent claim is an effective effort by Diaz' camp. Although he retired, he must want to fight, otherwise why vehemently oppose a possible year-long suspension? He only recently volunteered for a BJJ superfight. What will be the fate of Nick Diaz?
Further Reading: NSAC: Nick Diaz tested positive for Marijuana metabolites at UFC 143
Photo: Francis Specker
Comments
Just watched the condit diaz fight 4 the 3rd time-condit ran all night
garbage.Hope Diaz gets aquitted
Voted cool for you scoring the fight right but I like Diaz and don't wish any crap on him
Lol you should look up the term 'acquitted' then Keith.
Wow I have a higher (High School degree) in English but damn I messed up there...
Embarrassing - even weaked myself
Just let him fight. This whole thing is ridiculous. Just legalize it already.
Diaz is going to delay his return to fighting. NSAC is going to dig in their heels and this will get drawn out. He should've said "yeah, I did it. When can I fight next?" and get on with it. Would've been over much faster.
Completely disagree with that Bruce. He takes it lying down, and he's gone for a year because of the prior conviction. He fights it hard he possibly only get six months. Now he's fighting it hard with one of the most notoriously well connected lawyers in the state of Nevada, and he could actually change something.
I think you are letting your personal feelings about marijuana effect your critical thinking Bruce. As a physician you should be well aware of contracts, law, loopholes, and prob all the marijuana research that has been done since the medical field accepted marijuana as a viable medication.
Having been raised in a family with lawyers, having married into a family with lawyers and having won a custody battle as a male I can assure you Diaz has a strong case. The commission is not a jury, or hierarchy. They have to abide by the rules they themselves create. Notice there has been no response from the AG. I believe Diaz will win this fight. For several reasons. One being metabolites are not THC. In fact he had no thc in his system. His metabolite count was so close to the accepted line that parole officers use that alone is an argument but he doesn't need that he has their actual definitions to use.
Thank you nick Diaz for standing up to the single worst, deadliest, and most racist war that has ever been waged in North America even if it is a minor battle.
a solid defense, medical marijuana doesn't always have to be prescribed and adhd isn't exactly lifethreatening..
But when you are in an mma fight, Attention deficit hyper activity disorder could be quite bad, simply getting distracted halfway through the first minute of the fight and getting concussed is bad long term. (personally know a few people with ADHD)
COME on you PETTY-SQUARE-PRICKS let the man fight for the love of all things natural(marijuana)
Nick said he stopped smoking the same length of time before all his fights, so it was probably at least 15 days so when they ask if you are taking any prescribed meds and he hasn't been taking them for 2 weeks - how is that lieing on the form. This is gettin' ridiculous.
Is it just CSAC who has legalised a license for green or is the NSAC doing it too?
The CSAC past legislation for broader use of the TUE. NSAC has not.
Cool cheers bud.
Nick Dias is a ****! and I am expecting at least 10 weak's for this one.
C*NT
Total I see 12. You've gone and out done yourself. I bet you would look pretty funny with a C^NT slapping you around.
This one likes the tube steak from a big horse or stallion if you prefer. He likes the Grand Slam from behind at a full gallop! So instead of the c^nt-slap, let them have mushroom welps all about the fore head!!
I just made it 13. Way to contribute to the thread Slam!
Considering it wasn't a performance enhancing drug found, he should not have suspension but perhaps only a fine for an illegal substance. Many employers don't allow marijuana but its certainly not an advantage to be stoned
It's so ridiculous that MJ is a banned substance in the first place, but even if it were legal in all 50 states, that doesn't mean it wouldn't be on the banned substance list for fighting. I really hope they get all that straightened out as to not ruin more lives than they need to.
MJ is nothing even close to HGH, Testo, or any steroid for that matter. I do agree, that it could help you focus in the ring maybe, but not after 2 weeks of not using it. Basically, they are saying you can't even have friends who smoke around you, in states where it is legal. Lol.
That being said, WTF does lying or not lying about him using it have anything to do with anything. More Bureaucratic bs just delaying the real cause and issue. If they are going to go based on tests and test alone, there is no reason to even question or care about an answer. They clearly don't care for any purpose or reason, just that it's a friendly media story.
If anyone in MMA would be handed their 'green card' for medical marijane, it would be Nick Diaz. He is one depressed person. I bet he would be such a nicer and better interview if he was allowed his 'meds' too.
Seriously can you imagine trying to cut weight smoking?!? A bag of sour cream potato chips and I'm not coming off the couch!
But also, the public information officer for the Nevada attorney general agreed with the NSAC that Diaz retirement was binding and enforceable. They said that if he retired at any point after stepping out of the ring (e.g., in the locker room) after losing to Condit this would not even be an issue. But by announcing his retirement prior to leaving the ring, and in accordance rule 311 from the State of Nevada MMA Commission code, he's finished. That's probably why he's going back to competitive BJJ again.
i smoke weed and im a chemist, seems like everybody from every walk of life smokes weed? whys it ilegal
I'm an inventor and I smoked for about half my life. But yes, "biggermmafan", all kinds of people.
Although he retired, he must want to fight, otherwise why vehemently oppose a possible year-long suspension?
Probably because if he wins in court he could get atleast a years worth of fight salary which would of been wronfully taken away from him.
Jake his team mate said Nick calmed down and will fight again. That was 2 weeks after the fight. I dont know why everyone missed that? Guess it wasnt posted long? idk
Yeah, people forget Forrest Griffin ran out of the ring crying like there wasn't a million people watching. He's still a great fight to watch.
Nick's gonna blast through Braulio at this BJJ superfight, then he's gonna beat this case against him in Nevada. Then he takes the winner of Condit vs GSP. His plate is full for the next year or so.
I don't understand what the difference is between retiring in the cage as opposed to after leaving the cage. What is the issue? It's not like he quit on the middle of the fight and left.
Nate '' Crackhead '' Diaz