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.