Nick Diaz Fires Back at Nevada Commission

March 13, 2012
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Nick Diaz UFC 129
Nick Diaz will not go quietly into the night and he’s not going to vanish without a fight.

The former Strikeforce welterweight champion, who is currently facing suspension from the Nevada State Athletic Commission due to testing positive for marijuana, hired Las Vegas attorney Ross Goodman to oversee his case, and they’ve just filed their response to the commission.

According to paperwork filed to the commission last week, Diaz and his lawyers contend that testing positive for marijuana metabolites does not violate the state’s drug testing policy for athletic competition.

The files states ‘Nick Diaz is an authorized medical marijuana patient. As such, he did not test positive for marijuana (which is viewed as a prohibited substance if used without a medical marijuana license). Rather, Mr. Diaz tested for the presence of the inactive metabolite of marijuana known as THC-Carboxylic Acid. Under Nevada law and in Mr. Diaz’s home state of California, however, neither marijuana nor marijuana metabolite is considered a prohibited substance for users of medical marijuana.’

The filing goes on to state that Diaz stopped using marijuana 8 days prior to his February fight against Carlos Condit, and because ‘out of competition’ use of marijuana is not prohibited by state law, then Diaz didn’t file for an exemption with the state prior to his fight.

The statement goes on to say that because Nevada adapted WADA (World Anti-Doping Agency) rules, ‘marijuana consumption ‘out of competition’ and marijuana metabolites in general, such as the detection of Carboxylic Acid in Mr. Diaz’s post fight urine test, do not violate the policy prohibiting substances that are considered performance enhancing or potentially dangerous’

The filing by Goodman on behalf of Diaz will be reviewed by the Nevada Commission, and his hearing for disciplinary action will be held later this year.

The commission had stated previously that they were looking at a potential April date for Diaz’s hearing, but with this latest filing, it’s unclear if that date will stand pat.

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  • We’ll see.

  • Steven UK

    I sincerely hope he wins.

    The idea that THC is in anyway a performance enhancing substance is perverse.

    Equally as perverse, there are certain fighters on HRT that are allowed to compete.

    Let Diaz Fight!

    • Lesnardo

      It is a good recovery mechanism.

      The understanding is that professional athletes shouldn’t be taking illegal drugs regardless of whether they are performance enhancers.

      • jared499

        But it is prescribed, NSAC and pretty much all commissions are going to have to rethink the use of marijuana as a prohibited substance, more and more states are legalzing the medical use and therefore those patints need to be protected, just like HRT patients.

  • RonnieV

    Let’s hope Diaz wins this, surpised it was 8 days before the fight though. I’m pretty sure the UFC is hoping Diaz wins this as well.

  • Towers66

    Question authority, Rise up! Im glad Nick is putting up a fight. I would imagine the Ferttita brothers are behind this. They are probably going to have to grease a few wheels, you know….pay for a college fund or two to get the powers that be to vote “aye” on letting Nick back. Who knows. Why is he fighting to come back sooner than a year if he is retiring? Boxing? NOPE.
    He is coming back to UFC with a vengeance. For all of the people who are Diaz haters who are always saying ” he is a punk, a poor sport, bad for the sport, one dimensional, a thug, retarded”, you’ll still never say he is “boring” to watch. That’s why Zuffa says that he’ll always have a home with the UFC promotion. Old argument but Diaz did win the Carlos Condit fight: 1,2,5 were all Diaz. I dont think Cecil knows how to score for Octagon control, aggressiveness, strike/takedown effectiveness and damage delivered/taken. Either way when he comes back whether it be a month or a year, every one of you lovers AND haters will be lined up like a kid in a candy store to watch Nick fight. I will be in the front of the line. Sorry for the rant, I’ve had to vent for a while. I’ve been a Diaz fan since the Robbie Lawler fight. If you’ve never seen it, find it and watch it.

    • phrankthetank

      Without a doubt Diaz lost that fight. The long winded rant you just wrote proves your considerable bias. Try to watch the fight objectively. Regardless, I do hope he wins this

    • jeremycrabtree

      As someone who doesn’t have a bias towards/against Diaz I’ve always found his fight’s rather boring. I do hope he is suspended for 1 reason and 1 reason only and that’s the fact that he has multiple failed drug test issues. All I have to say to Diaz is good riddance.

      • XIRandomHeroIX

        I do hate Diaz and I think his stupid ass game plan of walking right into Carlos while Carlos counters him for 5 rounds was fun to watch he was clearly smart enough to hire an intelligent lawyer

  • Darren2112

    I hate F’N lawyers but I’m a Diaz fan, so whatever…

    It would be way cooler if Diaz was representing himself…

    Gotta go, out of rollies…

  • sc_0040a37d091ddc263016fff5f3e21207

    If Diaz wasn’t such a POS and a cancer to the sport, along with his history of failed drug tests, I might get behind this fight, but because of the above, I can’t.

  • phrankthetank

    I hope Diaz does win this because I think the concept of pot being considered a performance enhancer is a bit ludicrous. However, right or wrong it’s still policy. Diaz knows the rules and as a professional he should adhere to them. He’s well aware of the punishment and does it anyway, I won’t shed a tear for him if he loses.

    • MikeMc1983

      The banned substance list are NOT a list of “performance enhancers.” there are many drugs on the list that dont “enhance performance.” I believe that when such list first started, steroids weren’t even part of them. Whether they were or not. Roids are not the only reason these list exsist.

  • Triggerman99

    Someone needed to step up and challenge this idea that marijuana is somehow a performance enhancer or whatever it is that the commission is trying to sell in this case. I don’t smoke, and I’m not saying anyone should, but it shouldn’t be a suspension/fine-worthy offense. That is way out of hand and over-the-top.

    • macgrubber

      Why shouldnt it be suspension/fine-worthy? Performance enhancing or not you cant do drugs for any job you get so mma fighters should not be held to different rules. Fighting is the job they chose if they want to smoke pot all day and be a complete waste then go to McD or BK.

      • Triggerman99

        Yeah, you’re right. He’s a complete waste. That’s what I usually call world-class fighters and guys who do triathlons like they’re going out of style. We should all be such wastes.

  • fitefan

    Why bother to quit 8 days before the fight? Especially if your position is that not only is it not a restricted substance, but you don’t even have to disclose it’s presence in your system until after the fact and then just say “hey, I got a script”
    These Testosterone users have to disclose their usage of the treatment as far as I know, and they still have to test at or below normal levels, so why wouldn’t Nick’s lawyer expect Nick to be up front about it?
    Oh, because this is all a pile of horse manure. An attempt of Nick to try and litigate his way out of it backwards only if he got caught. Hence the quiting 8 days prior and a failed attempt to flush his system.
    He lost the Condit fight.
    And I stand behind the athletic commision suspension.
    You want pot to be removed from the list of banned substances for mma competition? Then hire a lawyer and petition it’s removal and argue your point through the proper channels before you start using it.
    Getting popped for it and then fighting against the unfairness of it forfiets all credibility.

    • Triggerman99

      He is going through the proper channels. It’s called an appeal. This is what you do when you disagree with a decision that was handed down.
      If the facts stated in the article are true, then he is and was within the rules. Obviously some people don’t like it, but if he’s within the rules, get over it.

      • fitefan

        The appeal is his legal recourse, true. But it is ‘after the fact’. So he loses credibility. Besides, why wasn’t this appeal done the first time he got popped?

        The only proper thing to have done, would be to petition the acceptance of THC in his system as a prescribed medication BEFORE taking it.

        He is not in the rules. It is a banned substance. Even if they remove it from the list, he still violated the rules at the time. Nobody got their speeding tickets of 70 mph expunged when they raiesed the limit. Diaz is still guilty.

        And the lawyers argument is weak. It’s legal in California, this is the Nevada State Athletic Commission. If this fight was in California with the California State Athletic Commission he would have a legitimate angle.
        In addition it is still illegal on the Federal level and every other state.

        He quit 8 days prior, not for training purposes, but to get the illegal substance out of his system. He had no intention of taking a stand in defending marijuana as legitimate medication untill he tested positive.

        The appeal is an act of desperation. Uncredible.

        • Triggerman99

          I don’t know if you’re doing it on purpose, or genuinely didn’t read the article, but you are completely ignoring the basis of the defending arguement. It’s about loopholes, not changing the rules. If this gets thrown out, it will be because of a technicality, not because the commission changes the rules for Diaz. That would never happen.

          • fitefan

            Yeah man, I read it.

            Diaz willfully smoked pot knowing full well it was against the NSAC rules and regulations and was experienced with the consequences.

            After his unsuccessful attempt to flush his system to avoid failing the post fight drug test he has appealed the decision with an attempt to find and exploit a loophole. This action while legal, loses credibility because it is an ‘after the fact’ move of desperation. If he was confident as his lawyer sounds he would not have quit 8 days prior and attempted to mask his usage of it.

            A technicality would only force the NSAC to resubmit it’s paperwork for suspension circumventing the exposed loophole. I am not sure, but don’t think they operate under the same rules as a criminal court, where you get one shot at it, and that’s it.

            The lawyers argument sounds good, but we’ll see just how much of it is true, and how much of it falsely interpreted in an attempt to force a lift on the suspension.
            The third to last paragraph in particular attempts to imply the commision suspended him for PED’s and then discredit’s marijuana as a dangerous PED according to their own definitions.
            This isn’t just a technicality, it would drastically change how marijuana is ruled and regulated in the athletic commission that would affect all athletes, not just Diaz.

            Either way, Diaz is a loser.

  • I don’t see the NSAC accepting this argument. Their bull headed and won’t want to bend (even if they’re wrong). They’ll rely on precedent set from previous marijuana test failures and that will be that.

    • – “They’re” bull headed…
      Really need an edit button for the comments section on this site.

    • Triggerman99

      Yeah that’s exactly what I’m afraid of. I get the same impression of them; even if they’re wrong, they won’t accept it. They’ll stand pat out of pure stubornness.

  • shereko

    Medical use? Really? Diaz…. hmmm I’m thinking thats screaming of a doctor “friend” he knows writing him a prescription. Kinda like Sonnen’s doctor and Marquardts doctor… So what you’re telling me is there is no other medication for his “ADHD” that isn’t on the banned substance list? Its such a distraction in his world that he can’t hold off taking it and find another as useful drug… thats a bunch of crap, thats fine smoke your weed in Cali, just don’t fight anymore. Speed limit in Idaho or Montana or South Dakota etc, states “reasonable speeds” but, in another state its 55 or 65…does that mean I can say “Sorry Judge I can speed in Montana” … Go with your weed in Cali and quit then.

    • RonnieV

      dumb argument… he didn’t smoke weed in Nevada

      • fitefan

        no, he fought in Nevada.

        Lot’s of substances are tolerated in other countries that aren’t tolerated here. Those fighters don’t get to say “hey, it’s legal where I come from”.

      • shereko

        Great, I’m glad you have your opinion RonnieV, you’re entitled to it. My opinion is that anything with the name Diaz on it, you jump on like you’d jump on his dick. So I really don’t think you can be impartial you just jump to his side. I don’t care where he smoked weed, the rule is he can’t take it and still fight… and it was in his system. Same as if you went to get a job and have to take a drug test in a state where its not legal… you won’t get hired and thats more cut and dry NO. So hate me I could give 2 shits but, your argument is usually weak.

      • shereko

        The rule is if its in your blood…. who cares where he smoked it. That has NOTHING to do with the rule. So your point corners the market on dumb.

        • RonnieV

          No your anology is dumb! Read what you wrote “Speed limit in Idaho or Montana or South Dakota etc, states “reasonable speeds” but, in another state its 55 or 65…does that mean I can say “Sorry Judge I can speed in Montana”.

          Your anology is saying that Diaz smoked weed in Nevada, because it’s legal in California. Which is wrong! Don’t match wits with me Junior.

          • shereko

            Well Junior then you’re missing the point and the point is its ILLEGAL TO FIGHT WITH IT IN HIS SYSTEM, does not matter where he smoked it, Nevada, California, Mars, Uranus etc. He’s welcome to smoke it in Cali, then he can also ONLY fight in Cali… and since you’re so smart, whats the rules for testing and having weed in your system in Cali? Tell me smart guy?

  • Towers66

    sonnen and marquardts doctor was prescribing testosterone. PHD. marijuana on the other hand is not a PHD. the speed limits for a metaphor…really shereko? i suppose you think diaz should get prescribed adderall for his adhd like all of the college kids. but then he would test positive for amphetamines. the doctors are calling it medicine in one state and an athletic commision in another state is calling it a banned substance to compete. I would go with my doctors opinion on what to take and when to take it. As for the commission, they can hand out the suspension but Diaz really didnt do anything wrong. He probably stopped 8 days before to clear out his lungs.

    • fitefan

      8 days to clear his lungs out? C’mon that’s crazy talk. If weed has his lungs congested and impaired his ‘wind’ 8 days isn’t going to make any difference.

      • Triggerman99

        I don’t think it had anything to do with clearing out his lungs. He’s a world-class athlete; I don’t think he has an issue with that. I think he just figured he should stop so as not to test positive and simply didn’t do it early enough. It sounds shady, but it’s not. it’s not like he was cycling steroids or something.

        • fitefan

          I agree. He tried to quit so as not to test positive for it. Because he was worried about the consequences knowing it was against NSAC rules and regs.
          I don’t think pot gives him an edge other fighters can’t get, but I think he can find alternative medication for 4 weeks prior to his fights.
          I also seriously doubt the legitmacy of his ailment, and the medical treatment marijuana provides for him.

          • Triggerman99

            Well that’s you opinion. My point is he doesn’t have some fantasy-type of advantage by smoking weed 8 days before fight. The fact that did stop using it 8 days before the fight only further debunks this idea that he is some kind of pothead who needs to get baked to fight. People need to settle down on this a bit.

    • shereko

      No, I’m not saying what he should take, or shouldn’t take… hell take whatever he wants smoke as much weed as he wants… but, then don’t fight. It just happens to be the rule. You don’t like my metaphor, fine… I don’t like yours stating then they should take amphetamines, I never said that. If he can’t fight without it then he shouldn’t fight because of his medical disorder. Go with your doctors opinion, and then only fight in Cali, but if you’re signed to fight in a state where its illegal and you’ll fail the test (again) then you’ll fail and get suspended. How is this not cut and dry? BTW— the testosterone would have been legal as well if it was within legal limits, funny you tried to make me sound like a dummy but there are legal limits of testosterone you can have and fight… the legal amount of THC you can have and fight NONE. So don’t think you’re all HIGH and mighty. Go hit the bong again.

  • Towers66

    no he didnt smoke weed in Nevada…but he could go buy a prostitute in Nevada if he wanted to. Sex is probably a PHD too according to the commission.

    • shereko

      The rule wasn’t WHERE he smoked… its what chemical shows up in your blood. Nobody is trying to fine him a weed ticket for using it. Its illegal to have in your blood during testing. He could have smoked weed in Amsterdam at a sweet as coffee house while banging bongo’s while on vacation, thats cool… and not even have any medical disorder (which I doubt anyways is valid) and its still illegal during testing around a fight. Why is that hard to understand?

      • shereko

        I didn’t hit reply to Towers not sure why it put the arrow under his.

  • alhmiel

    let Diaz fight he isn’t built for normal existence in society. Diaz only has fighting to survive. keep Diaz in the ring and off the streets. avoid a tragedy.

    • shereko

      lol really? Nice point, so he has different rules? With that reasoning, lets just lock him up now then since he can’t function in society.

      • Triggerman99

        I think you missed the sarcasm in that post….

  • After this whole ordeal plays out, I just hope we eventually see him back in fighting action!

  • pooby

    Diaz stories always bring the comments pouring in.

    My take: I don’t care if he’s a pot head so much. It’s the fact that he has little self control and is an illiterate, dumbass half-wit.

    Go watch some twelve year-olds on a playground and you can see Diaz’s brand of “trash talk” all over. Snarled lip, middle finger up, and heavy use of the word “bitch”.

    Come to think of it, maybe it’s the weed that explains his apparent arrested development.

  • pooby

    I’m pissed! I just bought a $5 pizza from Little Caesars. It was supposed to be pepperoni. I just opened the box……Cheese! No muh fuggin pepperoni!

    This just happened to occur while I was reading a story about Nick Diaz. Coincidence? I don’t think so.

    Scarface was right, F*** the F***ing Diaz Brothers!!!

    • Triggerman99

      Your first mistake was ordering Little Caesars. You’re just setting yourself up for failure! LOL

      • pooby

        True. I guess when you’re peddling pizzas for 5 bones a pop, you probably don’t pay your employees well enough to know whether a pizza has pepperoni on it or not.

  • Someone on the UG posted a pretty good counter to Diaz’ argument. I’ll re-post it here:


    Here is how Kizer will shoot down Nick’s response

    From: goku

    NAC 467.850(1) provides that the administration of or use of any…drug, including, but not limited to, the drugs or injections listed in subsection 2…that has not been approved by the Commission…either before or during a contest is prohibited.

    Subsection 2 is where the WADA prohibited drug list is incorporated in the NAC…the problem is that NAC 467.850(1) prohibits ANY drug not approved by the Commission, not just the drugs listed on the WADA list…Diaz’s response assumes that the NAC incorporated the limitations from the WADA list (i.e. metabolyte not being a banned substance and marijuana only being banned during competition), which from a policy standpoint, is a good argument, but it is not determinative from a literal reading of the statute….

    yes, its true that diaz did not test positive for the active ingredient in weed (THC), which is the banned substance under WADA, but marijuana metabolyte is evidence of diaz’s use of the drug (which has not been approved by the Commission) before the contest, which the Commission has discretion to disclipline a fighter for…

    so, even though I think its wrong from a policy standpoint to supsend nick for smoking weed 8 days before the fight because it had realistically 0 affect on the fight or the safety of the fighters, I am pretty sure Kizer is going to use this argument as his hook to save face…there is no way that prideful man will ever admit that he did something wrong…

  • Towers66

    I hope he returns to fight in the future. I’m over this subject now. Little Cesars is only good for about four mins after you order it.

  • collideoverme

    I hate Nick Diaz, but for Christ’s sakes, he has a medical license to use Marijuana, let the dude fight. Screw suspending him.

  • RonnieV

    I love how the Diaz haters come flying to the message board whenever there is a story about Nick Diaz. I don’t see GSP or Silva receiving this much attention. One more reason why the UFC loves this guy, and most of you anti-Diaz folks would be the first to buy his PPV. He’s an exciting, enigmatic & marketable fighter. He also generates the highest PPV revenue for any UFC fighter that is not a champion.

    Bottom line, Diaz never stopped smoking pot, and he will always smoke pot. According to Cesar Gracie, he has used the same routine to flush out his system for the past five years, and it’s worked every time. This time it didn’t, and he got caught. Hopefully he wins his appeal, if he doesn’t… oh well. I personally love weed, my wife and I smoke on my balcony weekly, and it’s a peaceful getaway for a stressful week in the office. A third of our voting population is trying to legalize marijuana. A few of you uptight people need to try it, it might make you less miserable.

    • shereko

      Actually, the Sonnen/Anderson boards get pretty much the same attention, and yes I agree that the GSP boards have died down unless its talking about Diaz and GSP. But, its because he thinks he can be held to different standards, which I like him, dislike him depending on who he’s fighting or where my money is. Point is he doesn’t need preferential treatment, I don’t care or know why weed is banned, point is its banned. A lot of times drugs are banned because they mask other drugs from showing up it has nothing to do with the effects of the banned drug.

      As far as you saying people are uptight because they don’t smoke weed is as insane, as me assuming you’re a waste of space pothead that sits in his moms basement. Which I disagree with you or agree with you depending on the subject, but I at least know you bring some good to the forum and society, but doesn’t mean I’m uptight because I don’t smoke weed. I just think you need an easier job if you have to smoke to get over stress of your work though you constantly post on here so it can’t be that tough of a job.

    • MikeMc1983

      Come on Ronnie, nick has only had one fight in the UFC where someone could argue he was the top name on the card. Just giving him credit as the biggest draw that isn’t a champ is silly since only one fight (Diaz vs. condit) can be analyzed.
      I don’t find the guy exciting, but it doesn’t really matter. His punishment shouldnt have anything to do with how liked, or hated he is. He’s just another guy who can’t put the bong down.
      Prescription, or not, smoking, or possessing pot is a crime in America. Nick should just be happy no ones enforcing the law, and locking his ass up.

      • RonnieV

        “Prescription, or not, smoking, or possessing pot is a crime in America. Nick should just be happy no ones enforcing the law, and locking his ass up.” That was pretty dumb.

        As far as Diaz being a top name all you have to do is look at his last two fights, and compare them with other PPV’s. Diaz vs. Penn sold better than both Edgar vs Penn fights. Diaz vs. Condit was an even bigger PPV sell. Both Diaz PPV didn’t have a significant co-main event either.