Nick Diaz was suspended after testing positive for marijuana metabolites by the Nevada State Athletic Commission (NSAC)
Diaz has a prescription for medical marijuana after being diagnosed with Attention Deficit Hyperactivity Disorder (ADHD). This is legal in both his home state California as well as in Nevada.
The State Attorney General requested to see Diaz medical marijuana card but nothing was produced & his legal team led by Ross Goodman spent the time drawing up a lawsuit for violations of statutory law and Diaz’s Constitutional rights.
Here are the details via MMAfighting.com
Diaz’s suit centers on three allegations, two of which relate to statutory complaints for which he seeks injunctive relief — namely, to have the temporary suspension lifted and to not be required to go any further punitive proceedings. The other allegation focuses on Diaz’s due process rights, the NSAC’s violation of which entitles Diaz to both injunctive and declaratory relief, according to the lawsuit.
Diaz is arguing the NSAC is in violation of two statutory codes. First, statutory code NRS 233B, requires the commission to determine the outcome through proceedings related to the order of a summary suspension within 45 days of the date of the suspension.
Diaz and his lawyers argue this term has passed without any date set for a hearing. “Diaz’s license has, in effect, been suspended indefinitely,” says the lawsuit, “in the absence of any adverse findings having been made against him by the NSAC.”
Diaz’s complaint also cites breach of statute NRS 467.117, which requires that a “temporary suspension may be made only where the action is necessary to protect the public welfare”. In other words, Diaz’s temporary suspension is unlawful because no basis has been established that demonstrates suspending Diaz was done as a matter of preserving public health.
Citing the alleged violation of these two statutes by the NSAC, Diaz’s complaint asks the court to enjoin NSAC from proceeding with any further punitive proceedings because “the NSAC has lost statutory jurisdiction to proceed with the complaint.”
In a basic overview of the statement Diaz was suspended for unlawful reasons in the first place, NSAC was required to give him a hearing within 45 days which they failed to do & the entire case should be dropped and Diaz should be allowed to go back to work.
Diaz seemingly now over the retirement talk and stated.
“On February 7th, 2012, the UFC’s President publicly announced that Mr. Condit agreed to an immediate rematch against me. It is my understanding that the winner of that rematch will be offered a contest against Georges St-Pierre, the current UFC welterweight champion. The summary suspension against me, made without any consideration of the merits of the Complaint, is the only reason I am aware of that a rematch against Mr Condit has not been scheduled. If the summary suspension is set aside, I would be prepared to compete against Mr. Condit or against any other opponent deemed suitable immediately.”Tags: featured, MMA NEWS, Strikeforce, strikeforce news, ufc news, UFC on FOX, UFC on FOX 2, ufc on fox 3, UFC on Fuel, UFC on FX