Diaz fined, suspended one year by the NSAC

May 21, 2012

MMA Junkie reports Nick Diaz has been suspended one year retroactive to February 4th per the Nevada State Athletic Commission ruling. In addition, Diaz was fined 30 percent of his UFC 137 fight purse which amounts to $60,000.

UPDATE:  MMA Fighting reports that the Diaz legal team is considering a judicial review by the state district court of today’s NSAC ruling.

The NSAC determined Diaz had failed his UFC 143 drug test and was less than truthful on his pre-fight medical questionnaire.

Diaz’s attorney was unsuccessful in arguing that a showing of marijuana metabolites did not prove he had used it for in competition use and that the World Anti-Doping Agency code does not prohibit out of competition use of marijuana. Despite a medical witness on behalf of Diaz, the Commission handed down a 1 year suspension.

The Commission indicated that there’s a strict liability standard that makes an athlete responsible for what’s in their body. However, according to the report by MMA Fighting, the Commission inferred that it would have entertained a usage exemption for Diaz’s use of marijuana based on his past medical history.

Payout Perspective:

The suspension is another chapter in the tumultuous career of Nick Diaz. It will definitely hurt Diaz’s career and the UFC’s welterweight division. The Nate Diaz-GSP matchup would have drawn considerable interest especially if it would have been slated for GSP’s return at UFC 154 in Montreal (assuming that’s when he comes back).

The Diaz legal team put up a novel defense but in the end none of the legal wranglings could save Diaz from his fate. Worse for Diaz is that the legal efforts probably means a big legal bill in addition to his fine and suspension.

Maybe Diaz will focus his time on triathlons, boxing or help out his brother. But, if and when Diaz returns, hopefully he matures and gets his act together. He’s an asset to the UFC and that’s why the UFC hasn’t bailed on him yet.

16 Responses to “Diaz fined, suspended one year by the NSAC”

  1. Diego on May 22nd, 2012 5:48 AM

    News flash: Nick Diaz punished for smoking marijuana after being accused of using it to enhance his performance.

    And in other news Chael Sonnen now free to pump himself to the gills with steroids based on a note from his doctor.

    I’ve never done steroids but I have smoked weed and I can say unless I was entering an eating and sleeping competition it did not enhance my performance one bit.

  2. Machiel Van on May 22nd, 2012 7:36 AM

    The commission routed Diaz into saying those ridiculous things. Par for the course: it’s absolutely ridiculous that the prosecutors also act as judge and jury. They didn’t like the solid points his lawyer brought up so they had to change the direction of the hearing. I have a very hard time believing that they’re minds were not already made up before the meeting ever began.

    Also “Nate Diaz – GSP matchup”… wrong brother.

  3. Machiel Van on May 22nd, 2012 7:38 AM

    And note to fighters: you’ve GOT to be more vigilant when it comes to those pre-fight questionnaires. That seems to be the Commission’s trump card every time.

  4. Jason Cruz on May 22nd, 2012 9:07 AM

    My bad MV. I will correct.

    You are correct about the questionnaires. A fighter and his representatives need to be more vigilant when filling them out. Although Diaz’s legal team had an argument explaining Diaz’s responses (or lack thereof), the Commission won in the end.

  5. BrainSmasher on May 22nd, 2012 4:30 PM

    Should have banned him for life. I dont understand why people feel they need to stand up for this idiot just because they have no self control to not smoke pot. IF you do it fine im not totally against it. But i am against people breaking the rules and the law. For those who have not followed the sport very long. Diaz was busted for this same thing after his fight with Gomi in 06/07. Even they the commission ruled his fight a no contest because they deemed it to be a performance enhancer. Diaz knew the Commissions stance on this but in typical Diaz fashion he made yet another poor decision.

    The commission rules that Pot is a stimulant and therefore dulls the pain for a fighter which IS a PE. Anyone who watching or has fought knows outside of KOing someone or Submitting them you want to inflict pain to break their will. IF they are dulling even a little bit of the pain if is a huge advantage not only physically but psycologically. Just because you cant see it doesnt mean it isnt a PE. Plus i will take the opinion of the commission and their doctors over a bunch potheads with low selfesteem. The commission makes a lot fo money on fighters. Specifically big name fighters. They get 6% of the gate and up to 50K for the PPV or tv rights. So a big name figher like Diaz sells more tickets an dgets better ratings and makes them much more money. Not to mention license fees and things like that. They have no reason to be unfair to any fighter.

    Diego,

    So you are saying they should have punished Chael without having any proof he did anything wrong? You people are always talking about rights, and fairness, and bla bla bla. Chael has had a Prescription for TRT since 2008. Yes there is reason to believe it was attained just use as a PE. But there is no proof. They dont have all the info from his original doctor as to why he needed it. So there is no prrof either way. What is know is that he has been taking the prescribed TRT for 4 years and now without it he does have low Test even if he didnt before. So the commission was in a position that they could allow him to have his medicine which he now needs, or not allow himm to have it and end his career and possibley damage his health. Plus if they were to rules against his exemption im sure there would be a huge court battle. They would be telling him he cant take his medication. He would have a very strong case.

  6. Bruce on May 22nd, 2012 4:31 PM

    Strict liability means there can be no defense; you are ‘guilty’ by merely committing the proscribed act. This rule is beyond absurd, particularly because there are so many potential defenses for AAS drugs, such as accidental ingestion being just one. The commission is an #epicfail for promulgating unjust rules which deny due process to athletes who dedicate their lives to competition.

    But this doesn’t even apply to weed. Marijuana is not a drug, nor a performance enhancer. It is no worse than alcohol or tobacco or aspirin or prozac, yet people are paying the price daily for personal use. This situation only shows how backwards this country is regarding drug policy. Nevada has legalized prostitution but no grass? Which is worse?

  7. BrainSmasher on May 22nd, 2012 10:33 PM

    You cant fight another fighter under the influence of a drug. It doesnt matter what the reason is. Yes there are defenses for AAS but you still had an unfair advantage in a fight. Would it be fair if you got your ass kicked because someone accidently took the wrong thing? Accident or defendable or not fights are ussually ruled NC’s and fighters are suspended because there is never any proof it was an accident. Of course all the blatent cheaters claim accident too. Go look up the cheaters and count how many actually admit to trying to get an edge. You will count them on 1 hand. Cyborg Santos claimed to be innocent, King Mo too, Overeem, they will never ruin their image and career by admiting they are cheaters and leaving them self no deniability. So you you have left is no proof who cheater an dwho was an accident and allow the commission to say i believe this guy but that guy is lying. So now everyone is punished. To be honest 12 month suspention in a sport they make a lot of money in fighting 1-3 times a year for something very hard to catch people using with the current testing is a slap on the wrist. How many times was Overeem going to fight in 12 months? 2? Look what he has made and how much fame he got just in the time he morphed on roids? I think it was more than worth it. I dont by anyone taking AAS by accident. Fighters know what they put in their bodies and what is banned and what isnt.

  8. Diego on May 23rd, 2012 9:32 AM

    No Brain. I’m saying weed does not enhance performance and is therefore irrelevant to the sport, while steroids – even with a note from your doctor – give you an unfair advantage that you can use to seriously damage your opponent. Look at Chael’s performance since 2008, he went from middle of the pack to #2 in the world.

    Pot is a stimulant? Are you kidding me?

    “Should have banned him for life… i am against people breaking the rules and the law.”

    If you believe that law/rule breakers should be banned from the sport then at least be consistent, here’s another list of people who should be banned for life based on your logic:

    Chael Sonnen – used steroids without a therapeutic use exception, convicted felon – fraud
    Alistair Overeem – steroids
    Jon Jones – DUI
    Ross Peasron – DUI
    Quinton Jackson – crazy ass driving
    Sean Sherk – steroids
    Josh Barnett – steroids
    Stephan Bonner – steroids
    Karo Paysian – prescription drugs
    Chris Leben – DUI, and I believe prescription drugs and possibly steriods as well I can’t keep track anymore
    Cyborg – steroids
    Thiago Silva – steroids
    bla bla bla

    Your issue is you don’t like Nick. Fine. But insulting him (which I’m willing to bet you wouldn’t do if you were face to face with the man) shows how immature you are. Out of all the people listed above, Nick is the only one who’s “crime” doesn’t hurt anyone but himself. To me that means he should get more leeway.

    The commission testing for pot is ridiculous. And Diaz’ lawyer made some very cogent legal arguments that the commission was unable to address but in the end when the judges are also the prosecutors and the jury, they didn’t need to. And I may be wrong, but I believe that since Diaz had the gall to try to defend himself, the commission is going to force him to pay for whatever extra costs were incurred on the commission’s side due to having to deal with Diaz’ defense. Absurd.

  9. Diego on May 23rd, 2012 9:40 AM

    As for the pre-fight questionnaire, I would a journal of every meal and every supplement and every medicine as I took them and then dump the whole thing on the commission’s desk. It would probably be around 50 pages by fight night. Then they couldn’t say I didn’t report everything.

    Sample:
    Monday May 23rd 0730:
    Ate one 3 egg omelette with sausage, spinach, cheese and tomatoes. Picked off most of the tomatoes.

    Drank one glass of 2% milk, 1 1/2 cup of coffee with two creams and two sugars (coffee was refilled when it was half way done but I did not add more cream and sugar since I’m on a diet)

    One bowl of cantaloupe.

    One cup of fat-free strawberry youghurt.

    One multi-vitamin containing the following:

    Calcium Carbonate, Magnesium Oxide, Microcrystalline Cellulose, Ascorbic Acid, Croscarmellose Sodium, Gelatin, Maltodextrin; Less than 2% of: Beta-Carotene, Biotin, Cholecalciferol, Chromium Chloride, Crospovidone, Cupric Oxide, Cyanocobalamin, D-Calcium Pantothenate, dl-Alpha-Tocopheryl Acetate, Folic Acid, Hydroxypropyl Methylcellulose, Lycopene, Manganese Sulfate, Niacinamide, Phytonadione, Polyethylene Glycol, Pyridoxine Hydrochloride, Riboflavin, Silicon Dioxide, Sodium Selenate, Soybean Oil, Starch, Stearic Acid, Thiamine Mononitrate, Triacetin, Vitamin A Acetate, Zinc Oxide.

    1230: Ate….

  10. Diego on May 23rd, 2012 9:41 AM

    Have fun reading that.

  11. BrainSmasher on May 23rd, 2012 1:05 PM

    It doesnt matter what your opinion of lot is. Many people including the ones who matter believe it enhances your performance. Being able to take punishment and remain calm during a fight is just as much a part of a performance as anything else.

    Lol yeah I would be scared of a 170 guy. You do t see 170s jumping bad on HWs for a reason. Not saying I would win but I would be far from helpless and sure as he’ll not scared of him like you implied.

    Anyone who is busted for a second time should be banned. Diaz and Barnett. That is t the case for everyone on the list.

  12. Diego on May 23rd, 2012 4:10 PM

    I get it – my opinion doesn’t matter because, “Many people including the ones who matter [I assume that means the commission] believe it enhances your performance.” So you can’t actually refute my point, you hide behind the fact that other people disagree with me. Not a very good argument. Oh, and many people agree with me, do their opinions matter? What about that other thing that agrees with me on pot…what was it again? Oh yeah, science. As long as a fighter isn’t impaired at the time of the fight, it doesn’t matter if he drank, smoked weed or snorted a line of blow of a hookers ass the week before.

    “Lol yeah I would be scared of a 170 guy. You do t see 170s jumping bad on HWs for a reason. Not saying I would win but I would be far from helpless and sure as he’ll not scared of him like you implied.”

    Wow. So you’re a HW, insulting someone smaller than you. And then you brag how you wouldn’t be scared of the smaller person. That’s sad dude. I don’t know what gym you train at, but where I train the big guys don’t call out smaller guys. But don’t worry, I’ll make sure I reiterate my point when you insult a HW. Or I guess you fancy your odds against Overeem as well?

  13. BrainSmasher on May 23rd, 2012 6:39 PM

    How old are you? First the real world dont have weight class’. If someone assults you you dont stop and take their measurements before handling the situation. Second i never said i would beat anyone and didnt call out anyone. You insinuated i was scared of Diaz. Would i go up to anyone and say something bad about them? No an dit doesnt matter if it was Diaz, Overeem, or someone in a wheel chair. Apparently im not a scumbag who tries to start trouble like you. But rest assure if he started anything he would have a fight and so would Overeem. Just because you are “scared” of other men doesnt mean everyone is.

  14. Bruce on May 23rd, 2012 6:59 PM

    Whether anyone wants to admit it or not, AAS are ENDEMIC in every single professional sport, and many amateur ones as well, including Olympics. This is fact. There are more ways than I can think of to beat any drug test, though they may not always be fool proof; Lance never got caught. Steroids do not give anyone an advantage because all the top athletes are using them. Therefore, Lance truly was the best.

    And pot is farther from a performance enhancer than crack.

  15. BrainSmasher on May 29th, 2012 2:08 PM

    Bruce,

    Cocaine is banned by the NSAC too. IF you test positive for it you get suspended just the same. Melvin Guillard was suspended for 8 months and fined $2100 for testing positive for Cocaine in 2007.

  16. JustSaying on August 10th, 2012 9:33 AM

    Regardless of why or when he smoked pot, it is a banned substance.
    This one is easy, quit smoking pot.

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