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. “
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.