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9/26/12 11:17 PM
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SleepItOff
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http://www.lvrj.com/sports/diaz-seeks-court-review-of-one-year-suspension-levied-by-nevada-athletic-commission-171444871.html
9/26/12 11:19 PM
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crowbar
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Edited: 09/26/12 11:20 PM
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BY ADAM HILL
LAS VEGAS REVIEW-JOURNAL
Posted: Sep. 26, 2012 | 7:55 p.m.
Nick Diaz never has been one to go down without a fight.

An attorney representing the Ultimate Fighting Championship star filed a motion Wednesday in a Las Vegas courtroom seeking a review of a disciplinary order made against Diaz by the Nevada Athletic Commission after a hearing in May.

Keith Kizer, executive director of the NAC, said he thinks this is the first instance in which a fighter has challenged an NAC disciplinary ruling in a courtroom in his nearly 15 years with the commission.

According to the filing, Diaz is seeking the "first available court date for a review of the (NAC's) decision with the goal of getting back in the cage before the end of 2012."

The welterweight contender was suspended from competition for one year, retroactive to the day of the fight, after a test that showed marijuana metabolites in his system after a unanimous decision loss to Carlos Condit on Feb. 4 in the main event of UFC 143 at Mandalay Bay.

At the NAC disciplinary hearing in May, Diaz's attorney, Ross Goodman, argued Diaz had proper documentation to legally use marijuana medicinally in California to treat symptoms of attention deficit hyperactivity disorder and the commission's rules expressly prohibited fighters from using the drug only "in competition." Goodman claimed, at the hearing and in Wednesday's filing, that inactive marijuana metabolites don't constitute a "prohibited substance" and the NAC erred in treating them as such.

"The (NAC) prohibits the use of marijuana before or during competition to protect fighters - to prevent them from fighting while impaired," Goodman wrote in an email. "However, Diaz's sample showed no active THC in his system but only inactive metabolites related to his much earlier medical marijuana treatment. Inactive marijuana metabolites are not a prohibited substance under the (NAC's) rules. The (NAC) has no basis in its rules for disciplining a fighter for legal use of medical marijuana outside competition. In doing so, the (NAC) acted unlawfully."

Diaz testified it was his common practice to discontinue using marijuana eight days before a fight, and an expert witness testified his metabolite levels were consistent with the claim.

The commission ruled against Diaz and issued him the suspension and a fine of almost $80,000 as a second offender. Diaz also tested positive for marijuana after a 2007 fight.

"At the end of the day, Nick admits that he took a prohibited substance before the fight, which is a clear violation," Kizer said Wednesday. "Failing the drug test is not the violation. Taking the drug is the violation, and he's admitted to that."

Part of the findings against Diaz were that he provided false or misleading statements on a prefight questionnaire in which he answered he was not using any prescription or over-the-counter medications, nor did he have a "serious medical condition."

Goodman contends Diaz answered the questions correctly because he didn't think ADHD fell under the "serious medical condition" definition. The attorney further claims medical marijuana is not an over-the-counter medication, nor is it a prescription because physicians can only recommend it to a patient.

The attorney general's office, on behalf of the commission, has 30 days to answer the filing.

9/26/12 11:36 PM
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32Hunter
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Edited: 09/26/12 11:38 PM
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Nice, I was just wondering whether or not they were actually going to pursue this more.

this is gonna get good, fuck the nsac.
9/26/12 11:36 PM
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TwoFatNuts
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WAR DIAZ

Love him or hate him, the mma world is missing out having him suspended.
9/26/12 11:40 PM
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32Hunter
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Hopefully Diaz gets re-instated in time to replace the inevitable injury pull out in the WW title fight.
9/26/12 11:41 PM
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Dogman
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"this is gonna get good, fuck the nsac"
Yes fuck those cork suckers!
9/26/12 11:42 PM
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12SixElbow
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"The (NAC) prohibits the use of marijuana before or during competition to protect fighters - to prevent them from fighting while impaired," Goodman wrote in an email. "However, Diaz's sample showed no active THC in his system but only inactive metabolites related to his much earlier medical marijuana treatment. Inactive marijuana metabolites are not a prohibited substance under the (NAC's) rules. The (NAC) has no basis in its rules for disciplining a fighter for legal use of medical marijuana outside competition. In doing so, the (NAC) acted unlawfully."

 

 

Can anyone validate this????

9/26/12 11:43 PM
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GregNoActionJackson
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Win ! Phone Post
9/26/12 11:45 PM
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FSMA
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""The (NAC) prohibits the use of marijuana before..."

lol @ not understanding this simple phrase.

9/26/12 11:49 PM
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32Hunter
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FSMA - ""The (NAC) prohibits the use of marijuana before..."

lol @ not understanding this simple phrase.


how could they have any jurisdiction over what someone does in their home state where it's "legal"?

the NSAC gonna get bitchslapped by the legal system, Goodman's connections are why he was hired.
9/26/12 11:59 PM
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KingD87
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32Hunter -
FSMA - ""The (NAC) prohibits the use of marijuana before..."

lol @ not understanding this simple phrase.


how could they have any jurisdiction over what someone does in their home state where it's "legal"?

the NSAC gonna get bitchslapped by the legal system, Goodman's connections are why he was hired.
It was Diaz' choice to compete and abide by the rules, if he didn't agree with them then he shouldn't have fought. Phone Post
9/27/12 12:02 AM
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Dazednconfused
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At the end of the day it's ridiculous to suspend a guy for 1 year for a marijuana metabolite. Especially when there have been guys that got less for steroids/trt elevation. The NSAC is a joke. Phone Post
9/27/12 12:03 AM
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jtown2
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I hope he wins and gets 500k back pay. Phone Post
9/27/12 12:13 AM
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jasonhightower
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FSMA - ""The (NAC) prohibits the use of marijuana before..."

lol @ not understanding this simple phrase.


This is fucking ridiculous... I am all for following the rules... when they are defined.  What prevents them from suspending a fighter that has admitted to smoking week a year or 3 years prior to a fight?

9/27/12 12:15 AM
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jasonhightower
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KingD87 - 
32Hunter -
FSMA - ""The (NAC) prohibits the use of marijuana before..."

lol @ not understanding this simple phrase.


how could they have any jurisdiction over what someone does in their home state where it's "legal"?

the NSAC gonna get bitchslapped by the legal system, Goodman's connections are why he was hired.
It was Diaz' choice to compete and abide by the rules, if he didn't agree with them then he shouldn't have fought. Phone Post

Arbitrary rules blow.... they need to be defined so fighters understand what exactly is expected of them.

9/27/12 12:20 AM
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CrimeBoss
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War Diaz,MMA world is boring without him Phone Post
9/27/12 12:22 AM
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BadRobot321
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Dazednconfused - At the end of the day it's ridiculous to suspend a guy for 1 year for a marijuana metabolite. Especially when there have been guys that got less for steroids/trt elevation. The NSAC is a joke. Phone Post
This. The nsac's argument is annoying. Phone Post
9/27/12 12:29 AM
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BlueNamer
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kizer will simply not admit he's wrong - as much as i'd love to see nick win this, it's not gonna happen.

9/27/12 12:31 AM
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Jaybrone
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Dazednconfused - At the end of the day it's ridiculous to suspend a guy for 1 year for a marijuana metabolite. Especially when there have been guys that got less for steroids/trt elevation. The NSAC is a joke. Phone Post
What do people not get about the full year being because it was his second test failure Phone Post
9/27/12 12:37 AM
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jasonhightower
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Jaybrone - 
Dazednconfused - At the end of the day it's ridiculous to suspend a guy for 1 year for a marijuana metabolite. Especially when there have been guys that got less for steroids/trt elevation. The NSAC is a joke. Phone Post
What do people not get about the full year being because it was his second test failure Phone Post

Dude...  do your research... I watched the the most recent hearing online.  I expected NSAC to actually make an official ruling on the testing/appearance of metabolites... of which nothing actually came up in the hearing.  They are a joke, and theoretically to them you could smoke week 6 months prior to a fight and if metabolites showed up in testing you'd be guilty.

It makes no sense, not to mention the fact it is not a performance enhancing drug.  A bunch of self righteous knuckleheads who have no sense of logic, reason and common sense. 

And this is coming from someone who has never smoked weed... ever.

9/27/12 12:40 AM
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SOO72
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So NSAC argument is now "You smoked pot at some point before the fight, so we will fine and suspend you because we feel we can get away with it?"

Do they even define a cutoff time where it's legal or not legal to have smoked before going into a fight?

If not, they may as well fine and suspend just about the entire UFC roster and probably every boxer who has ever fought in Nevada.. not to forget about Chavez Jr.

I hope they get fucked with the biggest dick that the Nevada courts have ever thrown at anyone. They are absolutely useless, and combat sports no more need an Atletic Commission than any other major sport does. Thank god these douchebags don't police the NFL.
9/27/12 12:46 AM
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Joe_Drogan420
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I hope he sues them for backpay for the money he could've made in fights if he wasn't unlawfully suspended. Also what right do they to discriminate against medical marijuana patients? This is a criminal injustice. It's one thing to be intoxicated or on any substance whether it's an energy drink, pain pill, stimulant, or what have you; but it is a completely separate issue when Diaz did not have active metabolites.
The Nevada Athletic Commission is draconian in it's willingness to dole out severe punishments that have effects on fighter's lives, their families, the ufc, possible venues and cities, as well as the fans themselves.
Look at the state of mma without a polarizing figure like Nick Diaz, it has almost become stagnant.

All for using a proven medicinal herb to treat his obvious social anxiety and adhd. You know you live in an era of bureaucracy when some committee can keep you from making a living because of your choice of medication.
9/27/12 1:05 AM
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robbie380
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12SixElbow - 


"The (NAC) prohibits the use of marijuana before or during competition to protect fighters - to prevent them from fighting while impaired," Goodman wrote in an email. "However, Diaz's sample showed no active THC in his system but only inactive metabolites related to his much earlier medical marijuana treatment. Inactive marijuana metabolites are not a prohibited substance under the (NAC's) rules. The (NAC) has no basis in its rules for disciplining a fighter for legal use of medical marijuana outside competition. In doing so, the (NAC) acted unlawfully."

 

 

Can anyone validate this????


Yeah that's the argument his lawyer was trying to make the NSAC but they basically didn't give a fuck.  I thought he did a great job when I was watching it, but NSAC wasn't changing their mind no matter what they heard. 

9/27/12 1:27 AM
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show no mercy
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IMO they are asking for an immediate ruling on this issue because if the NSAC denies the motion diaz can go after them in court on constitutional grounds, because a state agency is denying diaz the right to work and reasonable minds could differ as to the meaning of the vague definition, and that means that the issue may be triable in court. One of the conditions before filing against the NSAC in court is probably to exhaust all possible remedies, and this last motion is probably the last remedy the diaz team can seek from the NSAC at this point.

if he doesnt get a ruling before the suspension is up in feb, the condition of being denied the right to work goes away, and diaz wouldnt have standing.

diaz might be able to sue for restitution from the fine the NSAC gave him though.

*im a little rusty on my constitutional law, forgive me if im off base
9/27/12 1:33 PM
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Jaybrone
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jasonhightower -
Jaybrone - 
Dazednconfused - At the end of the day it's ridiculous to suspend a guy for 1 year for a marijuana metabolite. Especially when there have been guys that got less for steroids/trt elevation. The NSAC is a joke. Phone Post
What do people not get about the full year being because it was his second test failure Phone Post

Dude...  do your research... I watched the the most recent hearing online.  I expected NSAC to actually make an official ruling on the testing/appearance of metabolites... of which nothing actually came up in the hearing.  They are a joke, and theoretically to them you could smoke week 6 months prior to a fight and if metabolites showed up in testing you'd be guilty.

It makes no sense, not to mention the fact it is not a performance enhancing drug.  A bunch of self righteous knuckleheads who have no sense of logic, reason and common sense. 

And this is coming from someone who has never smoked weed... ever.

That doesn't change the fact that he knew the test checked for metabolites an still failed it. His second offense. He has no one to blame but himself. Phone Post

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