Nick Diaz's camp files motion for judicial review of marijuana suspension, fine

By: Jamie Penick, MMATorch Editor-in-Chief

Nick Diaz hasn't finished fighting the Nevada State Athletic Commission. The UFC welterweight lost his appeal this May with the commission, stemming from a positive test for marijuana metabolites in February, resulting in a full year-long suspension and an obscene fine of nearly $80,000. However, Diaz's attorney this week filed a motion in a Las Vegas courtroom for judicial review of the disciplinary order.

According to a report from the Las Vegas Review-Journal, Diaz's camp is hoping to receive the "first available court date for a review of the (NAC's) decision with the goal of getting back in the cage before the end of 2012."

Diaz and his attorney argued during May's hearing that the presence of marijuana metabolites in his system did not constitute a violation of the commission's rules as written. Diaz has the legal right to use marijuana in the state of California, and the presence of the metabolites, they argued, only proved that he had used the drug, not when. Additionally, its levels in his system were so minuscule that it was evidence that he had not used close enough to the fight to be under the influence, thus not breaking the commission's rules for using "in competition."

"The (NAC) prohibits the use of marijuana before or during competition to protect fighters - to prevent them from fighting while impaired," Diaz's attorney Ross Goodman wrote in an email to the LVRJ. "However, Diaz's sample showed no active THC in his system but only inactive metabolites related to his much earlier medical marijuana treatment. Inactive marijuana metabolites are not a prohibited substance under the (NAC's) rules. The (NAC) has no basis in its rules for disciplining a fighter for legal use of medical marijuana outside competition. In doing so, the (NAC) acted unlawfully."

NAC executive director Keith Kizer disagrees with the Diaz camp, and asserts that Diaz using marijuana at all is a violation.

"At the end of the day, Nick admits that he took a prohibited substance before the fight, which is a clear violation," Kizer said. "Failing the drug test is not the violation. Taking the drug is the violation, and he's admitted to that."

Penick's Analysis: Based on how the NAC hearing went in May, it will be interesting to see how a judicial review is received. Regardless of thoughts on the merits of Diaz's argument, it can't be denied that their assertions went largely ignored by a commission whose mind had been made up. That doesn't mean they'll sway a judge in this case, and they'll need to make a compelling argument against the NAC procedures as well. It's certainly possible for a judge to rule in their favor, and the NAC may have some explaining to do at the end of the day, but at this point it's still a long shot for Diaz to return any earlier than February 2013.

[Nick Diaz art by Grant Gould (c) MMATorch.com]

Source: http://www.mmatorch.com/artman2/publish/UFC_2/article_14492.shtml

Ba Te er  Ryan Bader  Siyar Bahadurzada Bao Ligao  Josh Barnett