Failing a drug test from a contact high is pretty unlikely.
The way I see it is he new the consequences and he made a stupid decision he should accept the consequences and move on.
Didn't one of the Diaz bros. fight in PRIDE outrageously high and absorb many blows without much effect?
Haha, well, according to Wikipedia, Nick Diaz's fight versus Takanori Gomi was ruled an NC due to it, and an NSAC representative stated that he believed his intoxication helped him to achieve victory. His THC content was outrageously high.
Nick Diaz: not just high- outrageously high.
Gonna side with the "he knows the rules" side. Same applies to me. My werk has a 0 tolerance policy and random testing. If i get tested and it turns out positive?? theres big probs,not normally fired (unless your high on the job obviously), but same applies to Herman. He's lost out on a pay check and he has to change his habits/lifestyle/friends if he wants to continue.
I enjoyed his last fight (he walked out to culture club "do you really want to hurt me" lol) and won.
He said in a interview that he's around the herbs a lot (lives in Cali), and is readying for a suspension. They'd asked for a second sample, as there wasn't enough to test for drugs of abuse and steroids.
I wonder if he tested, and knowing it was clean, then toked a celebratory joint, prior to them asking for another sample. That, or he was at parties like "I can't smoke"...sitting in a huge cloud of sweet sweet chiba. It's hard to do, but possible to get a contact high. If you can feel it, they can test it.