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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.

comments

18 Comments to Nick Diaz's Lawyer Fires Back At NSAC

  1. Your a Queer Beaner. Go Moe a Lawn. says:

    That a Boy! Hopefully this sticks and he doesnt get a suspension. We all need to send the NSAC a E-mail stating the true facts…. The Sticky Green Ganja is good for everyone!!! Up with dope and Down with Hope.

  2. Dan the lobster says:

    This piss’s me off no end WTF difference does it make if nick likes to train stoned, when chales the most crooked **** in mma and reems a juice head! Bigger fish to fry!!!

  3. Faggot cracker c0ckskr says:

    Bj penn washed and Gsp is trash homosexual tranny lover oh so is Carlos running man condit. Fedor isn’t even top ten and Brock was never good

  4. danieljonesfan says:

    Goodman’s argument is legitimate given that any incumbency on the fighter’s subjective view on ‘prescribed medication’ is indeed a matter for interpretation, it lays the burden of judgment with the fighter as to what he would constitute as ‘prescribed’. The commission should specify what they mean by ‘prescribed’ rather than leave it up to Diaz, particularly when it is so ambiguous as in this case.

  5. danieljonesfan says:

    Basically they’re the brains don’t leave dopey Diaz to decide anything other than which hand to hit with

  6. drew says:

    diaz’s lawyer is going to bend over the nsac and make em his bitch

    • slacker says:

      No way. I don’t think he can win from what I see so far, though he is doing a good job trying to create a facade of innocence and benefit of the doubt for Nick. First off, if his medical marijuana was “prescribed” by his doctor, then I am pretty sure in the medical profession, that that warrants it being a serious medical condition, even if it is lower on the “serious” scale than say, insulin injections and other prescriptions. Secondly, the medical marijuana license was “prescribed” by his doctor, even if it was not over the counter. This guy is trying to eat his cake and still have it as they say. It’s not gonna work.

  7. BirdCityButcher says:

    @slacker

    you have no clue what you are talking about
    Medical Marijauna card is not prescribed by a doctor, they cant by law, they can only make referrals i know cuz im an mmj patient. and NSAC shouldnt be able to say shit about mmj usage because they are now a certified state.

    Nick has a strong case

    • slacker says:

      It doesn’t matter who it came from. If it’s serious enough to warrant a license, then I think that is pretty serious. lol A prescription is a prescription. They won’t win this case.

  8. BirdCityButcher says:

    if it was a prescription dipshit you could go fill it at the pharmacy and you cant.

  9. BirdCityButcher says:

    and by law Nick doesnt have to tell NSAC shit about having it. its between him and his doctor

    • slacker says:

      If he doesn’t have to answer to the NSAC, then why is he answering to them now?!?? Bottom line: when he is just at home, with a license, he can pretty much do what he wants, as long as he purchases from a licensed seller. In Nevada, the employer, is not required to accomodate medical marijuana use. In this case, that is the NSAC, who represents the UFC for its rules. Therefore the onus is on him to get it out of his system, which he knew, and failed to do it. He has passed the state tests many times before, yet his lawyer is saying metabolites can stay in your fatty cells for weeks and months after marijuana use, so he can’t be blamed. Nick is a regular user, so if that is true, he never should have passed any of the previous tests. But he did pass them, because he knows what to do to get it out of his system. Obviously, he had way too much in his system this time, or the NSAC wouldn’t be bringing it up. That’s probably why he sounded so baked at the presser the day before. He probably smoked right before that.

  10. BirdCityButcher says:

    an employer cant say anything about mmj use, if he was high during the fight like he was with Gomi than yes it would be a violation and nick really hasnt fought that much in nevada over the last few years most of his SF fights were in California or other states.

  11. BirdCityButcher says:

    and hes answering NSAC cuz obviously he wants to but he doesnt have to. its a mmj patients rights to not be penalized by employer or by state law for mmj use.

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