Diaz files challenge to NSAC suspension

by Brett Okamoto | source: espn.com
 

Per a response filed to the Nevada State Athletic Commission on March 7, UFC welterweight Nick Diaz is challenging the commission's complaint for disciplinary action that he tested positive for a prohibited substance following a Feb. 4 contest in Las Vegas.

That suspension is unwarranted, according to Diaz's attorney, Ross Goodman, who states that "marijuana metabolites" are not a prohibited substance according to the list used by the NSAC, which is adopted from the World Anti-Doping Agency.

"Marijuana is the only substance that is prohibited; not marijuana metabolites," Goodman told ESPN.com.

"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 whether marijuana metabolites are prohibited. They do not prohibit it in any category."

According to Goodman, the substance Diaz tested positive for was THC-Carboxylic Acid, an inactive marijuana metabolite. NSAC executive director Keith Kizer was unavailable to comment on that claim Monday.

The response filed to the commission, therefore, challenges that Diaz merely tested positive for an inactive metabolite, which is not listed as a prohibited substance.

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tags: Nick Diaz (detail)  NSAC   Nevada   



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Recent Comments »

Are Grace E site profile image  

3/15/12 2:03 AM by Are Grace E

this whole weed thing is just dumb. lack of better things to do....their focus should be on .... well we all know what! JUDGING !

that new guy site profile image  

3/13/12 5:32 PM by that new guy

Funny thing is he prob will win it and then rematch Carlos. Its coming. Too much Money.. Cant let it go.....

mclay site profile image  

3/13/12 5:27 PM by mclay

Say what?

gilbertfan site profile image  

3/13/12 4:15 PM by gilbertfan

Sec. 21. NAC 467.850 is hereby amended to read as follows:467.850 1. The administration of or use of any:(a) Alcohol;(b) Stimulant; or--21--LCB Draft of Proposed Regulation R090-07(c) Drug or injection that has not been approved by the Commission, including, but notlimited to, the drugs or injections listed in subsection 2, in any part of the body, either before or during a contest or exhibition, to or by any unarmedcombatant, is prohibited.2. The following types of drugs, injections or stimulants are prohibited pursuant tosubsection 1:(a) Afrinol or any other product that is pharmaceutically similar to Afrinol.(b) Co-Tylenol or any other product that is pharmaceutically similar to Co-Tylenol.(c) A product containing an antihistamine and a decongestant.(d) A decongestant other than a decongestant listed in subsection 4.(e) Any over-the-counter drug for colds, coughs or sinuses other than those drugs listed insubsection 4. This paragraph includes, but is not limited to, Ephedrine, Phenylpropanolamine,and Mahuang and derivatives of Mahuang.(f) Any drug identified on the most current edition of the Prohibited List published by theWorld Anti-Doping Agency, which is hereby adopted by reference. The most current edition ofthe Prohibited List may be obtained, free of charge, at the Internet address www.wadaama.org.Point #1It seems that in Nevada, Before a contest (to me) means any time before a contest not immediately before a contest.As some UGers argue that WADA permits the use of THC in the off season as it is not listed on the "Prohibited at all times" list just the "In-Competition" list.Point #2The 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 tested for. Point #3 (point 2 elaborated)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 the adipose tissue during the competition. Even if it was not taken in during the competition or immediately prior to it, the presence of the metabolite after the competition indicates the presence of THC in the body during the competition. (Even if THC was not present in a quantity that would not enhance or detract from performance or used immediately prior) So it would then be the depot of stored THC creating the change in performance(enhance or detract depending on which side of the argument your on).Interesting facts:In vivo ACTH exposure and 24 h food deprivation both enhanced the levels of THC and its metabolite, (-)-11-nor-9-carboxy-?9-tetrahydrocannabinol (THC-COOH) in the blood of rats that had been pre-exposed to repeated THC injections.So stress anticipating competition and starvation for weighins actually increase the dump of THC from adipocytes thus increasing the likelihood of testing positive. As an aside (not pertinent to this case):While 11-COOH-THC does not have any psychoactive effects in its own right, it may still have a role in the analgesic and antiinflammatory effects of cannabis. So theoretically it could act as a narcotic analgesic. (there are actual multiple cannabanoid receptor agonists in pharma pipelines for use as analgesics) Not saying marijuana could have pain relieving properties several weeks out from use but we don't know how far out it does.

32Hunter site profile image  

3/13/12 2:46 PM by 32Hunter

 just wondering weather "Hemp Hearts" would or could come up as a positive for what Nick tested for? the night before the fight he tweeted apicture of his supper and a package of hemp heats was in there along with some coconuts and organic pizza's so maybe he was clean from the weed but the hemp came up positive.

danneykmma site profile image  

3/13/12 1:56 PM by danneykmma

If the bong doesn't fit you must acquit

willienugget site profile image  

3/13/12 1:38 PM by willienugget

I think it would be about the coolest thing ever if GSP gave up his title and fought Nick instead of Carlos.

willienugget site profile image  

3/13/12 1:36 PM by willienugget

Ok the articles about it are all over the place and each one conflicts the next. I do not think there were two tests and from a Ariel/Cesar conversation it appears it was only the post-fight test he took for this fight. I think I was mistaken and I feel better about that for Nick anyway heh. Cesar mentioned that a doctor told him you could be clean and then test positive for metabolites after heavy excercise but he didn't actually say there was a clean-then-dirty situation here. Does protocol change from state to state? I'm sure both Lesnar and Overeem took pre-fight tests but I have no idea if Brock had to do a post-fight UA. We know Overeem did but he may have been the only fighter on the card to do so.

madman1 site profile image  

3/13/12 1:24 PM by madman1

The Diaz Defense is rock solid. He did not test positive for pot, he tested positive for inactive metabolites which is legal. This is a fact. This shows just how fucked up and stupic the Commission is. Very pathetic that the Commission can not even understand their own rules that they put in effect according to the anti doping rules used in the Olympics. The Commission accepted these rules and use them as their guide lines. The Commission is a bunch of has been cops trying to flex their pathetic little muscles. The Athletes need to ban together with the UFC and all other MMA companies and squash this bull shit.