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Thursday, 04/12/2012, 08:15 am

Nick Diaz's Lawyer Fires Back At NSAC


By Drew Graham:
Nick Diaz is still waiting to answer to the charges of testing positive for marijuana in front of the Nevada State Athletic Commission.

In March, Jennifer Lopez, public information officer told Yahoo! Sports that “Not only did Nick Diaz violate the law by testing positive for marijuana metabolites, but he also lied to the Commission on his Pre-Fight Questionnaire when he swore that he had not used any prescribed medications in two weeks before the fight.”

“The complaint does not allege any facts support that Diaz violated a rule,” responded Diaz’s lawyer, Ross Goodman. Goodman has filed to the Attorney General with a document from April 11 in regards to the allegation.

This document states: “after the fact allegations impugning Diaz’s character serve to distract from the core issue that Nevada does not prohibit inactive marijuana metabolites.”The marijuana metabolites leftover in the fat cells that Diaz tested positive for can show up on tests months after usage. These would have no effect in his fight or in drug testing results.

Part two of the document states that “Diaz met the required standard, reasonable interpretation of commonly understood phrases to the best of his knowledge.” Answering the charge that Diaz had lied on his fight application prior to the fight with Carlos Condit.

Medical marijuana is legally allowed to be used in California with the attainment of a license to do so. Goodman claims Diaz stopped the usage of the drug eight days before fighting against Condit in February. Goodman claims that Diaz was not providing “false or misleading information,” in the pre-fight questionnaire. Goodman claims the questionnaire was not worded properly and did not define exactly what they were looking for. “In the absence of prescribed definitions, Diaz relied on the general understanding of the terms ‘prescribed medications,’ ‘over the counter medications,’ and ‘serious medical illness.’” The statement says, “there is no evidence to suggest that Diaz knowingly provided false information.”

Goodman’s case in that legal marijuana usage in Diaz’s case is not considered the use of a prescription drug, simply a treatment recommended by a physician. Nor can you consider it an over-the-counter drug. Goodman finished by saying – “unless Diaz’s interpretations of ‘serious medical illness,’ ‘prescribed medication,’ and ‘over the counter medication or product’ are so clearly wrong as to constitute sufficient proof of bad faith intent to deceive, the Commission must dismiss the allegations.” Diaz’s medical marijuana usage served as an apparent legal treatment of his ADHD (attention deficit hyper activity disorder), which Diaz believed was not considered a “serious illness” on the questionnaire.

It is unknown whether the case will be dismissed of any charges or allegations. Diaz may finally get his hearing in front of the Nevada State Athletic Commission to face his punishment.

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