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.
Payout Perspective:
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.
I think it’s total BS that the issue of metabolites vs actual marijuana in his system was never explicitly addressed throughout this process. NSAC has no acountability whatsoever. I hope the UFC ditches the SACs and self-regulates one day.
MV,
Good point. I think that’s a question for his attorneys. As for regulation, I’m not sure if the UFC really wants that burden but it would certainly be helpful with drug testing. Who knows? With Dana coming down on TRT we may see it some day.
I dont think the UFC can legally opportate without State Athletic Commission sanctioning. If the UFC could have governed themselves they would have done that in the first place. They didnt because just about every state wouldnt allow it.
The only leverage the UFC has over Athletic commission is they can avoid running events in that state and cost the commission a lot of money. Outside of that they have no control.