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UnderGround Forums >> Nick Diaz legal appeal of NSAC suspension denied


12/14/12 9:07 PM
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Underground Blog
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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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12/14/12 9:10 PM
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Lahzerous
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He's going to have to wait till its up. This has been know for awhile.

12/14/12 9:26 PM
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Matrixkick
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UG Blog = Captain Obvious Phone Post
12/14/12 9:28 PM
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Joe_Drogan420
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$79,500 fine for smoking some fucking weed?

what in the mother fuck
12/14/12 9:31 PM
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TaeKwonBendoTopTeam623
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Joe_Drogan420 - $79,500 fine for smoking some fucking weed?

what in the mother fuck
I know right. Phone Post
12/14/12 9:36 PM
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MrVivian
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Joe_Drogan420 - $79,500 fine for smoking some fucking weed?

what in the mother fuck

man, my thoughts exaclty.
12/14/12 9:43 PM
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hellride
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Nevada state hates weed, they always have.
12/14/12 9:51 PM
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Jspec
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hellride - Nevada state hates weed, they always have.
It's legal here for medicinal use. Phone Post
12/15/12 12:01 AM
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Malachy Friedman
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can nick fight in colo with weed metabolites in his system?
12/15/12 2:01 AM
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MMALOGIC
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I think Nevada had it in for him because he made them wait a very long time after the fight to get his pee sample...

and you know how government employees handle shit.

12/15/12 2:54 AM
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dubate
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Edited: 12/15/12 2:56 AM
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It's just so fucking obvious how rigged the court system is in Nevada. Listen, it's not a question of whether or not that having THC in your system is illegal by the NSAC, it is, they have it clearly listed as a banned substance. The question is whether or not an inactive metabolite that is not listed as banned (legally speaking that is a huge point that cannot be ignored) can be used to suspend and fine a fighter. However, the courts have decided to deny the appeal rather than hear the case. Yes, Diaz shouldn't be smoking that close to a bout but he definitely and unfairly got screwed by Nevada's legal system on this one. Phone Post
12/15/12 2:57 AM
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Outlaw'd by Lytle
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Rules are rules but this is BS!! Phone Post
12/15/12 2:58 AM
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ausgepicht
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This is so fucking stupid. 1 year for Marijuana that didn't hurt anyone? It doesn't enhance performance, doesn't hurt anyone, and it robs fans of seeing him  fight 2-3x in a year altering the landscape of the Welterweight division. Do they test for acid, shrooms, peyote, mescaline, morning glories, etc.?

 

12/15/12 3:10 AM
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dubate
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Doubt they test for shrooms, it's out of your system within 3 days, so if it shows up, how serious are you really taking your fight career? Phone Post
12/15/12 3:39 AM
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MMALOGIC
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^ he probably snorted the day of the fight.

12/15/12 4:06 AM
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dubate
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For people that use/abuse cocaine regularly (like Guillard admitted he was) it can stay in your systems for upwards of 2 weeks. Phone Post
12/15/12 4:06 AM
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dubate
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Edited: 12/15/12 4:07 AM
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sorry for the double. Phone Post
12/15/12 4:11 AM
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Wrex
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80k for smoking Weed is stupid, but so is smoking weed in the build up to a fight. The rules are rules and he's not above them. It's the second time he did it too, so he clearly doesn't learn from his mistakes.

Just lay off the grass for a while Nick, easy as that. Smoke yourself silly after the post fight drug tests.
12/15/12 8:27 AM
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SilverSpoon1996
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Edited: 12/15/12 8:28 AM
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Him failing for metabolites is a crock of shit, a regular smoker.. someone who smokes once a day, maybe 3 times a week, will test positive up to 45 days, a heavy smoker, which Diaz probably is can go up to 90 days. We all know people who should not have a "MEDICAL CARD" for something that is illegal in almost every state, but they get them everyday. I think it is almost a joke that it is called a "MEDICAL CARD". Truth is that he was using pot legally in his state, he signed to fight GSP late November, GSP went down, Carlos was inserted for the interm belt, was very close to 90 days before the event. Even if he "quits" for competition legality reasons, he could possibly fail a test. Maybe someone should tell him a month before he has a chance to sign a contract (joking), he should quit cause you have 4 months til a fight, and want to test clean. I dont find anything wrong with the BAN of year, I think its wrong that a non-performance enhancer should cause you to lose almost 100k in money he fought and earned. This isnt a drug that gives you an advantage, if he was injecting himself with testosterone take the money.
12/15/12 9:35 AM
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danggook
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:) Phone Post
12/15/12 9:58 AM
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kevsh
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"Diaz holds a license to use medicinal marijuana"

Medicinal lol
12/15/12 10:27 AM
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sitchpack
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NSAC are a bunch of greedy old timers, looking to get rich by kicking fighters when they are down.

Id like to know how much Overeem and Chael got fined for testing positive to steroids. It must be at least half as more as Nick's fine given the severity of its use in sport. Phone Post
12/15/12 10:33 AM
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danggook
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sitchpack - NSAC are a bunch of greedy old timers, looking to get rich by kicking fighters when they are down.

Id like to know how much Overeem and Chael got fined for testing positive to steroids. It must be at least half as more as Nick's fine given the severity of its use in sport. Phone Post
Neither chael or overeem tested positive for roids Phone Post
12/15/12 10:42 AM
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SamboMMA
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sitchpack -  NSAC are a bunch of greedy old timers, looking to get rich by kicking fighters when they are down.

Id like to know how much Overeem and Chael got fined for testing positive to steroids. It must be at least half as more as Nick's fine given the severity of its use in sport. Phone Post

Alistair was a first time offense. He went and was deeply apologetic for it. Diaz was busted twice [hence the stiff $80K fine] and both times showed up with a "Fuck You" attitude towards the commission. It shouldn't be a surprise to anybody that the Commision would take a "Fuck You Too" attitude towards Diaz.
12/15/12 11:31 AM
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UGCTT_Blake
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The suspension cost him more than the fines.

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