Diaz Attorney: NSAC wrong in lying accusation

by Kevin Iole | source: sports.yahoo.com
 

First, Nick Diaz tested positive for marijuana metabolites for his losing main event fight versus Carlos Condit at UFC 143, an event regulated by the Nevada State Athletic Commission.

Then, Diaz's attorney Ross Goodman said they were going to chalenge the test results, because the statute in question names the active ingredient in marijuana, not the metabolites.

Then the NSAC said that Diaz lied in checking no when asked if he had taken any prescription drugs in the last two weeks. "Not only did Nick Diaz violate the law by testing positive for marijuana metabolites," said public information officer Jennifer M. Lopez. "He also lied to the Commission on his Pre-Fight Questionnaire when he swore that he had not used any prescribed medications in two weeks before the fight."

Now, Diaz's attorney is attacking that line of reasoning as well.

Saying outright that Diaz lied put Goodman even more in attack mode.

The Nevada law that deals with medical marijuana doesn't regard it as a prescription drug. No doctor is able to prescribe it because it is a controlled substance.

"Nowhere in there does it say that the attending physician is prescribing marijuana," Goodman said. "And so, for obvious reasons, before you speak and call someone a liar, you think you'd do a little bit of due diligence and understand what the Nevada law actually says."

"It's not like you walk into the pharmacy and start looking around on the shelves and hope to pick up a bag of marijuana. That's ridiculous. No reasonable person would believe that medical marijuana falls under the category of over the counter medications."

Curiously, though, in his response to the commission, Goodman himself made a big deal about a prescription. He referenced NRS 484C.210, which deals with prohibited substances. Goodman bolded a section which said "if the person who uses the substance has not been issued a valid prescription ... "

Diaz may ultimately be forced to accept a lengthy suspension. He was suspended for six months in Nevada in 2007 for failing a marijuana test. On Jan. 31, boxer Matt Vanda had a hearing after testing positive for a second time. Vanda was suspended for a year and fined 40 percent of his purse.

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Recent Comments »

rrg1 site profile image  

3/16/12 3:48 PM by rrg1

^^^This guy gets it lol.

goku site profile image  

3/16/12 3:44 PM by goku

Correct. But that's why people have been referring to Wada which is relevant.

Leck Brosnar site profile image  

3/16/12 3:34 PM by Leck Brosnar

All this shit because 1 MMA fighter can't stop smoking weed for 1 month. Stay classy Stockton.

gilbertfan site profile image  

3/16/12 3:30 PM by gilbertfan

WADA is only relevant as it pertains to the WADA LIST of addition substances not specifically delineated in the statute. <br /><br />WADA CODE, WADA TUE and WADA LABS do not pertain in Nevada as to my knowledge they have not been adopted there .

goku site profile image  

3/16/12 3:21 PM by goku

WADA is relevant as it is incorporated into the NV statute  

gilbertfan site profile image  

3/16/12 3:18 PM by gilbertfan

The presence of THC-carboxylic acid(COOH) metabolite indicates the presence of THC in the body. THC can be stored in the fat for long periods of time. This fat store/depot of THC is then released into the blood stream and then metabolized by Cytochrome p450 into 11-nor-9-Carboxy-THC (THC-COOH) which is excreted into the urine and this is what is tested. The urine is then stored in the bladder and then voided usually within 12hours of production. (the bladder usually has a voiding reflex before 500 cc of urine and normal urine output(production) is usually at least 40 cc/ hr)So you can't have THC metabolite in your urine after a competition if you did not use THC BEFORE a competition. THC MUST BE IN THE BODY AND ADIPOSE tissue during the competition. EVEN IF IT WAS NOT TAKEN IN DURING the competition OR IMMEDIATELY BEFORE, the presence of the metabolite after the competition indicates the presence of THC in the body BEFORE AND DURING the competition. It does not matter if the THC/Marijuana was taken in by the body weeks before the contest, the presence of its metabolite in the urine afterwards indicates a continued presence of THC in the body during the contest. (Even if THC was not present in a quantity that would enhance or detract from performance or used immediately prior it would still be present in the body) So it would then be the depot of stored THC theoretically creating the change in performance as it entered the bloodstream from fat depots(to enhance or detract depending on which side of the argument your on). Yet even this does not really matter as the statutes don't specifically address whether it matters if the participant is specifically affected by the substance. That idea has been implied from the previous comments made by officials but in my opinion do not truly seem to represent strict interpretation of statute. The statute merely states that the use of marijuana or THC before, or during a contest is prohibited.It should also be noted that references to WADA rules or state DUI rules as I have seen in numerous articles, statements and UG comments are irrelevant as they do not pertain to state statute regarding unarmed combat in Nevada.

Calhoon site profile image  

3/16/12 11:35 AM by Calhoon

^^^^perhaps you missed the humor intended.

goku site profile image  

3/16/12 11:11 AM by goku

 he has a great last name and maybe hes great in oral argument, but i dont think his formal response to the NSAC was that great...he was trying to emphasize a technical argument which isn't very good because technically speaking, the statute gives the NSAC broad authority to pop you for ANY drug used at ANY time prior to a competition...

goku site profile image  

3/16/12 11:09 AM by goku

which is technically prohibited by the law