Diaz

**downtime** · Posted On: 3/14/2012 12:03am

Im surprised when I came on here tonight that I didnt see anything about this....Not to stir the pot but has anyone read the pre release by Nick Diaz's lawyer basically saying that Pot is not a banned substance on the athletic boards commission. There are two articles is linked below (If I did it right)

http://sports.yahoo.com/mma/news?slu..._appeal_031312

http://www.mmafighting.com/ufc/2012/...aw-proves-diaz

Just curious as to peoples thoughts on not so much whether Marijuana should or should not be a banned substance, but more on the defense the lawyer is taking and why he really thinks it's going to work..This would have signifigance for Tyson Griffin

**jdempsey** · Posted On: 3/14/2012 3:22am

Thanks for the update.

Good to see, hopefully something good will come of it. Like Diaz back in action soon, or some of the commision members and "Kaiser" to see the error of thier ways and change things for the better... Pffft, hahaha yeh that'll happen.

I get the feeling some of the powers that be in the ufc think his image could damage the reputation of the company.

**CNagy** · Posted On: 3/14/2012 6:10am

I don't see it working. His lawyer is arguing that all they have is evidence of a crime. "Ladies and gentlemen of the jury, I ask you: is it illegal to have one's fingerprints on a gun? Because that's all the prosecution has; fingerprints on a murder weapon."

Joking aside, if they do manage to pull this off then they will have essentially neutered the marijuana piss test. They aren't arguing that pot isn't a banned substance; they are arguing that the THC metabolite isn't banned and that it is not a suitable testing method. Because the NSAC adopts the WADA ban list of substances, and marijuana is only banned for competition as opposed to always banned, they are arguing that by stopping 8 days prior to the contest Nick Diaz was abiding by WADA guidelines. So if they are successful, the NSAC would have to switch to a saliva swab test or something before the match to determine actual levels of THC as opposed to using the presence of metabolites to confirm marijuana usage.

Honestly, the whole thing is ridiculous. Pot shouldn't be banned; but it is. The test has a range that detects off-competition usage if it is close enough to competition; but everyone knows that. Passing the drug test is part of a fighter's responsibility, even if that means he has to quit smoking before he "should have to" just to pass the test. I don't see the NSAC enacting major changes to testing processes just because Nick Diaz decided to do an 8 day cleanse and screwed up instead of his normal 10 day cleanse. Not when they can just suspend him, possibly take a chunk of his fight purse, and call it a day.

**Diesel_tke** · Posted On: 3/14/2012 9:49am

Yeah, I agree that Pot shouldn't be banned. Mainly because it is not enhancing any performance ability, that I know of.

But the fact of the matter is that it was illegal based on their rules and he knew that. They can ban you from drinking water. And if you agree to fight under those conditions, you should abide by the rule.

If they wanted to challenge the pot rule, they should have done that a long time ago. He should have followed the rules. And then they could continue fighting the ban. He knew better and violated. That makes him wrong in my book, either way.

**downtime** · Posted On: 3/14/2012 11:19am

I find it a unique defense that I can't believe no one else has thought of yet. They're sort of saying hey...TRT therapy isn't illegal as long as you admit to it...Which Diaz has a medical card in the state of Cali for his tHC Therapy...and as long as your testosterone (THC) comes in at acceptable levels your good...sounds like they're going to try to push THC into the realm of that thought process. Which if it happens is a huge win in my opinion...I think TRT is waaaaaay more of a PED, and yes I know the commisions stance onTHC is not that it's a PED but that it can be a fighter safety issue to fight under the influence (lack of perception/judgement etc.) I think it will be interesting to see how this shakes out.

**Neo Sigma** · Posted On: 3/14/2012 11:46am

His lawyer isn't addressing the fact that Diaz fucked up on the prefight paperwork about prescribed medications, which is probably going to be how they get him if this metabolite thing somehow manages to fly. He has a legit medical exemption for it, but never brought it up and checked "no" on the bit that asks if you've been on any prescribed medication in the last two weeks. The UFC generally is extremely unhappy when fighters screw that up. Just ask Nate Marquardt.

It's just another case of Diaz acting like the rules shouldn't apply to him.

**ippwned** · Posted On: 3/14/2012 3:00pm

What is an elite mixed martial artist doing taking drugs? It always puzzles me when this happens, is Diaz really so stupid that he can't follow a simple set of rules? To be honest it wouldn't surprise me, I can't fucking stand either Diaz.

**CNagy** · Posted On: 3/15/2012 11:34am

Originally Posted by Neo Sigma

His lawyer isn't addressing the fact that Diaz fucked up on the prefight paperwork about prescribed medications, which is probably going to be how they get him if this metabolite thing somehow manages to fly. He has a legit medical exemption for it, but never brought it up and checked "no" on the bit that asks if you've been on any prescribed medication in the last two weeks. The UFC generally is extremely unhappy when fighters screw that up. Just ask Nate Marquardt.

It's just another case of Diaz acting like the rules shouldn't apply to him.

Actually, this is a non-issue.

In Nevada, marijuana is considered a controlled substance. Controlled substances require a prescription, so if that were the end of the matter then Diaz would have lied on his form by checking "No." The thing is this: in Nevada, marijuana is also listed as a Schedule 1 drug. Schedule 1 is for drugs that are "highly susceptible to abuse and have no recognized medical use." Obviously, it's odd for marijuana to be considered a Schedule 1 drug in a medical marijuana state, but that's just the way the laws are. The big thing about Schedule 1 drugs is that a physician cannot prescribe them; hence the reason marijuana has its own system of physician recommendation.

Whether or not he meant to, Diaz was answering truthfully when he marked "No" for that question, because there is no way in Nevada to legally prescribe marijuana.