Nick Diaz's lawyer issues response to NSAC, says no penalty is warranted
Posted on March 13, 2012, 02:49 PM by Joey Santosus
Marijuana is the only substance that is prohibited; not marijuana metabolites. 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 (World Anti-Doping Agency) whether marijuana metabolites are prohibited. They do not prohibit it in any category. You have to test positive for marijuana, as opposed to this inactive ingredient Nick did. If there's nothing in the rules prohibiting marijuana metabolites, why are we here?" - For more from Nick Diaz's attorney, visit ESPN.com
Why, indeed.
After a controversial decision loss to Carlos Condit resulted in a frustration-fueled retirement speech, Nick Diaz's fighting future was further complicated when news broke that the former Strikeforce champ had tested positive for marijuana metabolites following UFC 143.
Despite having the legal right to use the substance for medical purposes in his home state of California, the Nevada State Athletic Commission has since placed Diaz on temporary suspension pending a follow-up disciplinary hearing. Though expected to face as much as a one-year suspension and financial penalty, it now appears Diaz will do what he does best - fight.
According to his attorney, Ross Goodman of the Las Vegas-based Goodman Law Group, Diaz hasn't broken any rules at all, and therefore should face no further punishment. As detailed in the response filed with the NSAC, Goodman explains that it is the marijuana itself that is banned, not the metabolites that are left behind long after it's use. So what's the word LowKick'ers? Does Diaz present a convincing argument, or will his defense go up in smoke?
Further Reading: Nick Diaz spars with James Toney at Cesar Gracie Jiu-Jitsu Academy
Photo: Scott Hirano
Comments
It appears he didn't test positive for a marijuana directly, but they are basing a decision off other compounds that are visible when the marijuana is gone.
If thats true, he has a case.
We'll see.
Yes go Diaz! OJ your way out of this baby! (except please don't kill anyone, that's not cool)
His lawyer says based of the WADA but doesn't the commission decide for itself on stuff like that?
I don't understand what Diaz is doing, Keith Kizer said he could appeal for it on the terms that he has the medical license. I don't see no mention of it being for medical, it's like they're just trying to prove the commission wrong?
smoke a fatty for Ross Rebagliati!
If I ever get into some kind of legal trouble, I want this guy as my lawyer.
I think that Diaz will not get banned, and rightly so.
At this point, because the post is about Nick, I feel I should work in some kind of "don't be scared homie" reference....but i got nothing.
I said exactly that.very thing when this story began. In fact he can sue for the time he hasn't been able to fight if they want to make a case of it. He was cleared to fight directly after his match with condit.
His lawyer told him "don't be scared homie, i got this covered."
I'm going to set the record for "Weaks"
Suspend him for a year. He knew the rules and broke them anyway and lets be honest, we all know he broke them because he doesn't give a **** what anybody thinks.
Since were on the subject Bruce, can you write me a prescription for medical marijuana?
Well, I only have a license in my country of Canada. Where do you live?
haha i'm in Canada dude...thats why I asked...just kidding though. I'm on the west coast so they are easy to get.
hahah well it wasnt me!
clearly the only reason its on nsacs banned substance list is because it is an illegal substance, nothing to do with performance, diaz has a case with the metabolites argument, but they wont let him win.. that would just open the floodgates for everyone else to complain.
Their rules are in writing. A lawyer will chew you up and spit you out if you violate the terms of your own rules. If it doesnt state "metabolites" hes clear. If it only says positive for marijuana, hes clear.
If the rules clearly state metabolites or any by product from the marijuana, then hes screwed.
If he wins, I bet you anything they change those rules instantly.
GOD commissions dont like losing.
Entity my friend, you are such a Diaz fan your thinking is clouded like a stoner at a frat party.
If you commit a murder the judge doesn't have to see you commit the murder to find you guilty he only has to see evidence that you committed the murder. The metabolites are evidence that he used marijuana.
Sorry. Guilty of breaking the rules (whether you agree with the rule or not is another argument.
i think Entity has a valid point....there is a very specific list of things that can't be in your system because they are masking agents or the body's reaction to a banned substance. If metabolites aren't on that list , the lawyer is right.
Your analogy would be correct if it were a criminal case, but its civil law.
I'm a big fan of the Diaz bros and pot and I don't think anyone is disputing that Diaz is skirting the rules, but stupid laws should be disobeyed.
Hey Entity...is your birth year right on your profile? I thought i was the oldest stoner Diaz fan here lol
lol, uh no, I was not born in 56 lmao, The birth date changes in your profile often, at least thats what I noticed...and I dont smoke anymore. But at the same time, Im not someone who has NEVER smoked weed and sit here condemning it. That would make me an uninformed hater based on false pretenses.
@Bruce - A murder case is a criminal case though, which works differently from this
Depends how you break it down Bruce and the USA is quite different from Canada ehh.
What if it comes down to "marijuana in your system at that time (of the fight)
This isnt a judicial hearing.
Your such an anti-Diaz fan that each of our bias cancels out the other
....lets ask my neighbor l
Entity, Marijuana is legal in Canada and we all smoke it every day.
We? ohhh lol
You proved your own point. If you don't have propper evidence you can't convict someone of murder. Even if you know they are guilty. Metabolites can also be a false positive. Legally the comission over stepped their bounds. He isn't on probation he just can't be High on fight night. He clearly wasn't. His metabolite count was extremely close to the threshold for even probation. Diaz will get off. Legally the comission can't proove Diaz even used marijuana with their test except he admitted it.
Like I said all his lawyer has to do is threaten a law suit for damages on grounds of not being able to work for a false allegation.
They gave a gold medal back for a very similar case.
Metabolites can be a false positive?? Duh. Every test in the world can have a false positive. You have to look at it in the clinical context. In a professed high user who in the public has admitted to use of a banned substance he is obviously guilty.
In addition the NSAC being a government appointed body is likely protected against litigation like the state and federal prosecuters.
Guilty
finally a lawyer earning every penny of his pay check! DON'T BE SCARED HOMIE!
excuse me whilst i light a joint in celebration for the world toughest stoner.
Thats where the Diaz slap came from....hey,(slap),pass the joint
Interesting....
Diaz's lawyer may have found the angle.
It all depends on the NSAC legal wording and definitions regarding finding evidence of cannabis in a fighter.
A metabolite produced as a result of the metabolic processing of THC is evidence of cannabis use--but the the timing is not very specific--since metabolites last quite a while. (they could also be the innocent result of second-hand smoke)
The precedent of the World Anti-Doping Agency is important--and backs up Diaz's lawyer's claim. Usually laws must be written in very specific language--and if the NSAC regulation states that cannibis must be found in the system--and does not specify metabolites of cannibis, then the commission may very well be in a legal bind.
On the other hand, Athletic Commissions absolutely hate being pushed around by a fighter's lawyers---but if their own counsel believes they might lose in a court of law--they might have to bite the bullet--and lift the Diaz suspension and later change the regulation to include cannabis matabolites for future clarity.
You are very right sir. There is a ton of research now on thc and metabolites thanks to the medical marijuana aspect. Metabolites occur different with frequent users. For instance hemp oil at a vegans level of consumption can trigger metabolites to show up faster in a person who has at some point in there life consumed a lot of weed.
Chances are he will get off based on this very thing. It is impossible to say he was high at the fight. In fact it is highly unlikely he was.
Is Diaz out of retirement? I don't get it, If Diaz beats this drug charge will he fight again? or is he still retired? I though that he retired from the sport so I have no idea why he is fighting this drug charge.
sounds like Nick got himself a good dam lawyer!! work the system cause the system works us 24/7 dooo itt!!
p.s
Keith Kizer is going to hate the Diaz bros after this LOL
work the system cause the system works us 24/7 dooo itt!!
You sure got that right bro!!!!!!!!!!!