Nick Diaz seeks judicial review of suspension

September 28, 2012

MMA Fighting reports Nick Diaz and his legal team is seeking judicial review from the Nevada State Athletic Commission’s ruling this past May.  Diaz’s appeal hopes to overturn a $79,500 fine and 12 month suspension.

The NSAC has 30 days to respond to the appeal by Diaz and Keith Kizer indicated that a response is forthcoming.  As most recall, Diaz was suspended after his February bout with Carlos Condit as a drug test revealed Diaz had used marijuana.  Diaz has authority from a doctor for marijuana and ceased using it 8 days prior to the fight with Condit.  Also, the NSAC took issue with the belief Diaz lied on his pre-fight questionnaire with respect to his marijuana use.

In his request for judicial review, the Diaz team argues that the marijuana metabolites found in his system was not prohibited as they argue that the rules are silent on drugs like marijuana “out of competition.”  Diaz also argues that he did not provide false information on his pre-fight questionnaire.

The Diaz team argues that Nick’s answers to a pre-fight questionnaire were truthful and the result of the responses were based on Nick’s interpretation of the question as the legal team cited the need for revising the questionnaire.

For instance, with respect to the question as to “”Have you taken/received any prescribed medications in the last two weeks?”  According to Diaz’s attorney the response no was premised on the fact that Diaz’s prescription was in California where he is given an informal prescription.

Additionally, the NSAC pointed out that Diaz did not identify his ADHD as a “serious medical decision.”  Diaz’s attorney claims that this response was truthful since the NSAC did not provide guidance on the term.

The Diaz legal team also made the following point to MMA Fighting:

“…Diaz finds it bizarre that the Commission is vigorously policing legal marijuana use outside competition while at the same time endorsing and sanctioning the use of steroids and testosterone — which has a direct effect on fighters and their opponents in competition. “

Payout Perspective:

A nice jab by the Diaz legal team to point out the fact that the NSAC is going after Diaz for marijuana use while it legitimatizes and legalizes the use of testosterone and steroids for those that apply.  This shifts the focus of Diaz’s issue to the controversial TRT issue seemingly endorsed by the NSAC.  The legal arguments by Diaz’s team are artful and point out a technical flaw with the NSAC’s argument.  The issue with Diaz filling out the pre-fight questionnaire interests me the most as we will see if the arguments have any weight upon judicial review. We will see if the judicial review will overturn the Commission ruling.

MMA Payout will continue to monitor this development.

4 Responses to “Nick Diaz seeks judicial review of suspension”

  1. Brain Smasher on September 29th, 2012 11:52 PM

    It really isnt going to matter because he never got or applied for a TUE. Which those who are TRT have to do. You cant use TRT without permission. If a fighter is medically cleared to use TRT and does so with a Exemption by NSAC they will be suspended. If Diaz applied for a TUE and was denied. He could fight this and compare it to TRT. Even still he may be able to force NSAC to allow a TUE for marijuana. But it should lift his suspendion because didnt follow the rules of the NSAC for controlled/banned substances.

    What i find funny is we have a fighter who makes poor decisions and make a lot of money who complains that he drive a shitty car and lives in the slums. Finding a way to quickly burn through all his money in a pointless court battle that does him no good at all.

  2. Machiel Van on October 1st, 2012 7:38 AM

    The issue was that he tested positive for marijuana metabolites and not the actual substance. The NSAC has no language that addresses metabolites, only marijuana. He literally didn’t break the rule they punished him for breaking. I hope this all gets cleared up and the NSAC is embarrassed.

  3. Ron on October 1st, 2012 9:56 AM

    Machiel, if what you say is true, why isn’t it presented that way?? Why don’t they go into court and say their is no rule against metabolites, our guy was fined for no reason. Simple. Instead they are parsing words and comparing informal to formal procedures. Doesn’t make sense to me if it is that simple.

  4. Manny on November 18th, 2012 5:29 PM

    I would really like to see Nick Diaz die in a solo car accident, while his brother Nate Diaz gets run over by the fire trucks responding to the scene of the terrific accident. Neither one of these douche bags deserve an ounce of praise. They are pieces of garbage that are not worth the scum on the bottom of my boot. I hope they both rot in hell. And if I saw either one of them on the street…I kick their faces in…they are both pussies on the street and have had their asses kicked before for mouthing off.

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