Diaz petition for judicial review of Nevada suspension, fine denied
February 20, 2013
A Nevada Court has denied Nick Diaz’s request for a judicial review of his drug suspension. Diaz was seeking review of his drug suspension for not disclosing his marijuana use and fine fo $79,500.
The order which recites the Findings of Facts and Conclusions of Law found substantial evidence that Diaz used marijuana, a banned substance per the NAC, after testing positive following his post-UFC143 urine test. The use was a violation. The Court concluded that Diaz understood that his use of marijuana should have been disclosed to the Commission and on its pre-fight questionnaire. Paragraph 9 of the Findings of Fact states the Court found Diaz’s credibility questionable as it believes Diaz should have known that he should have disclosed his medical condition which requires he be prescribed marijuana.
In sum, Diaz’s request for judicial review is denied and his lawsuit against the Commission is over.
Since Diaz is main eventing in March against GSP, its hard to see the damage done to Diaz. The UFC can set up matches for Diaz outside of Nevada until his suspension is over and the fine is minimal considering he is heading to a main event payday in March. Of course, the Court questioning his credibility may hurt Diaz’s feelings but that’s all it really does. The legal arguments made by Diaz’s counsel were the best that could be done (see here) for what amounted to a losing argument.