Can Diaz get into trouble for vaping CBD post fight?

For what is a man, what has he got?
If not himself, then he has naught.
To say the things he truly feels;
And not the words of one who kneels.
The record shows I took the blows –
And did it my way!

The great Nate Diaz does it his way.

And thus it was that at the UFC 202 post fight media scrum, Diaz was vaping what he identified as CBD (Cannabidiol).

CBD is one of the active cannabinoids in cannabis, accounting for up to 40% of the plant’s extract. However, clinical reports show a lack of psychoactivity, and non-interference with several psychomotor learning and psychological functions. Is short, CBD does not get you high.

However, it is a cannabinoid, which places it on the WADA prohibited list.

British Columbia litigation lawyer, combat sports law consultant, Combat Sports Law Blog founder, and deeply appreciated UGer Erik Magraken breaks down the potential repercussions for Diaz.

Cannabinoids are banned in-competition both by the Nevada State Athletic Commission and by the United States Anti Doping Agency who each have jurisdiction over potential competitor doping for this event. The 2016 WADA Prohibited List defines these as follows:
•Natural, e.g. cannabis, hashish and marijuana, or synthetic delta 9-tetrahydrocannabinol (THC)
•Cannabimimetics, e.g. “Spice”, JWH-018, JWH-073, HU-210.

Despite the ban, and despite the ingestion of a substance mere minutes following the bout, Diaz’s vaping may not violate the prohibition.

Both the NSAC and USADA generally use World Anti Doping Agency standards when it comes to the in-competition marijuana ban.

WADA has the following definition of in-competition ingestion:
In-Competition: Unless provided otherwise in the rules of an International Federation or the ruling body of the Event in question, “In-Competition” means the period commencing twelve hours before a Competition in which the Athlete is scheduled to participate through the end of such Competition and the Sample collection process related to such Competition.

USADA uses a similar definition:
In-competition refers to the period commencing twelve hours before a competition in which the athlete is scheduled to participate through the end of the competition and the sample collection process related to the competition.

The NSAC, when debating harsher (and consistent) anti-doping penalties published this document implying they follow (and will continue to follow) the WADA in-competition definition:
We will continue to follow WADA’s definitions, particularly the definition of “In‐competition.”

However, for some reason the UFC-USADA custom tailored anti-doping contract changes this definition to include a period of up to 6 hours post bout, reading as follows:
“In-Competition” means the period commencing six hours prior to the commencement of the scheduled weigh-in and ending six hours after the conclusion of the Bout.

So, assuming Nate Diaz provided a post bout sample to the NSAC (assuming they wished to collect one) before vaping and assuming that sample comes back negative than this escapade will not amount to an NSAC anti-doping violation.

Interestingly, if USADA wishes to collect a sample in the hours following the vaping, depending on the substance being ingested, Nate’s choice may prove problematic.