Nick Diaz legal appeal of suspension denied, further appeal possible

source: mmajunkie
 

Following a decision loss to Carlos Condit at UFC 143 in February, Nick Diaz tested positive for marijuana metabolites, for the second time. He was suspended for a year by the Nevada State Athletic Commission (NSAC), and fined 30% of his show purse ($60,000) plus an additional 30%of his "Fight of the Night" bonus ($19,500).

In July, Diaz' attorney Ross Goodman filed an appeal with the Nevada courts. Diaz holds a license to use medicinal marijuana in California.

Keith Kizer, executive director of the NAC, said he thought it was the first time a fighter has challenged an NSAC disciplinary ruling in a courtroom in his nearly 15 years with the commission.

As reported by MMAJunkie, the appeal was unsuccessful.

The UFC welterweight – and likely next title challenger to champion Georges St-Pierre – on Friday had his case tossed out by a Nevada judge, which means Diaz's yearlong suspension and a total of $79,500 in fines will remain.

Diaz is eligible to apply for a new fighter's license in Nevada on Feb. 4 when his suspension expires.

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In a statement to Sherdog, Goodman indicated that a further appeal is possible.

“Despite expressing misgivings about the vagueness and ambiguity of the Nevada Athletic Commission’s prohibition on using marijuana ‘before’ a contest, the Nevada District Court today dismissed Nick Diaz’s petition for judicial review of the athletic commission’s disciplinary order made against him earlier this year.

“Judge Kishner was obviously troubled about due process concerns engendered by the vagueness of the anti-doping rule. How long before is ‘before’ under the regulation? A day? A week? Due process requires that fighters have clear notice of what the rule is, so they can adjust their behavior accordingly. Similar serious concerns relate to the commission’s after-the-fact definitions of undefined terms on the pre-fight questionnaire -- and punishing my client for failing to correctly guess how those terms would be defined.

“Frankly, if I had been filling out the questionnaire, I wouldn’t have thought that marijuana was a ‘prescription’ drug either -- given that it is illegal under federal law for doctors to ‘prescribe’ marijuana. As a matter of law, a ‘physician’s statement’ is not a prescription. I will be seeking my client’s instructions to file an appeal to the Nevada Supreme Court forthwith.”

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tags: UFC   regulation   NSAC   Nick Diaz (detail)  Nevada   GSP   Georges St-Pierre (detail)  



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Recent Comments »

spliff site profile image  

12/16/12 7:40 AM by spliff

ufc will pay that shit.. i doubt nick will

Strength site profile image  

12/16/12 7:25 AM by Strength

The NSAC is corrupt as all hell. Fuck them

Ludelow site profile image  

12/16/12 6:48 AM by Ludelow

old style thinking, random test are coming up, so you cannot target a testing date for the blacklist products!

Korpiklaani site profile image  

12/16/12 12:43 AM by Korpiklaani

sickening, its ok to have the worst judges in the world destroying peoples careers but dont smoke weed thats bad

LilBrockonmychest site profile image  

12/15/12 11:24 PM by LilBrockonmychest

It doesn't really matter if it is legal in a certain state, as it is illegal federally.  Even if CA or CO choose to allow someone to smoke or possess weed, you can still be arrested and fined/ticketed for it anywhere in the USA.  My opinion?  Weed is no big deal and is less harmful than alcohol and should be legal federally.  But it's not. And who's fault is it that weed can stay in someone's system up to 1 month out?  Regarding AC's it's very, very, very simple.  Don't have this, this, this, or this in your system when you are tested.  If alcohol stays in your system for 3 days, don't drink 3 days before a test.  If coke stays in your system 2 days, don't do coke 2 days before a test.  If MJ stays in your system 30 days, don't smoke 30 days out.  If you're going to push the limits, know the fines/suspension and be prepared.  If Nick were smart, he would stop smoking right now for his fight in March.  That way there would be no concern.  And don't give me this medical reasoning behind it.  I've lived in Socal and Vegas and know why people get medical "recommendations."   The fact there are billboards and you get your recommendation from "Dr. Reefer" here in Vegas should tell you how legit the medical reasoning is.

Lun8 site profile image  

12/15/12 11:05 PM by Lun8

Even if you hate Nick Diaz, you have to admit the commission came down way too hard on him. The amount he was fined and the time he was suspended.... very unfair. Good for him for not taking it laying down IMO.

Malachy Friedman site profile image  

12/15/12 10:57 PM by Malachy Friedman

so if there was a way to test if you had a drink within the month they should suspend you?if its legal in the state and you are not currently stonedthen how can it be banned from that states athletic commission

LilBrockonmychest site profile image  

12/15/12 5:14 PM by LilBrockonmychest

Start throwing out some sources dude.  JCC JR tested twice in the same state with the same commission?  How much was his purse?  How much was he fined? Karo was suspended 9 months and fined 40% of his purse for a first offense.  Nick got off easy for a 2nd offense. As stated above, UFC/MMA is a joke when it comes to suspensions.  In the NFL, a player is suspended for 4 games without pay for a first offense.  The average pay in the league is just over $2M so on average a player is fined $500,000 but can go upwards of $5M.  AC's fines are a slap on the wrist.

Ludelow site profile image  

12/15/12 4:32 PM by Ludelow

in other sports like cycling and Olympicsthe first PEDS offence is 2 years and 100.000 finethe second 4 years and 200.000 fine

Joe_Drogan420 site profile image  

12/15/12 4:02 PM by Joe_Drogan420

That's bullshit, look at Julio Cesar Chavez Jr. dude just tested positive for weed and has a past suspension for a diuretic.He was making more money than Diaz and got less of a fine. They do percentages, but those are based of small ass purses not the large amounts people like Diaz and professional boxers make. NSAC and other athletic commissions often recognize this and change the fine to suit the offense, not simply charge a standard percentage no matter what the fight purse is.It's a fucking ridiculous, arbitrary enforcement of an outdated, draconian rule.