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Nick Diaz Continues Quixotic Legal Battle Against Nevada Athletic Commission: Requests Judicial Review From Court


(As you can clearly see, there’s no way I could have smoked any weed before UFC 143 because I had not picked even a single nugget yet. I rest my case.)

Since he tested positive for marijuana metabolites after his UFC 143 loss to Carlos Condit and was suspended for a year and fined nearly $80,000 by the Nevada State Athletic Commission (NSAC), Nick Diaz has fought the punishment in just about every place he could, and continued Wednesday by filing a Memorandum of Points and Authorities to support his petition for judicial review. So far, Diaz and his high-profile legal defense team have struck out in appealing to the Nevada State Attorney General and the NSAC itself in a hearing.

The NSAC has thirty days to respond and after that a judge will hear Diaz’ petition. Luke Thomas and MMA Fighting spoke with a member of Diaz’ legal team:

The Commission needs to understand that it cannot act with impunity in the exercise of its authority…In Diaz’s opinion, while fighters must respect the lawful authority of state athletic commissions, they should not accept unjust and unlawful disciplinary action. Further, Diaz finds it bizarre that the Commission is vigorously policing legal marijuana use outside competition while at the same time endorsing and sanctioning the use of steroids and testosterone — which has a direct effect on fighters and their opponents in competition. The Commission needs to refocus itself on protecting fighters and the fairness of the combat sports they regulate. Diaz believes this legal proceeding may provide the Commission a helpful push in the right direction, for the benefit of all fighters and the reputation of the sport itself.

Diaz’s petition has some interesting and seemingly compelling parts to it, including his lawyers’ contention that marijuana metabolites are not, in fact, banned substances. But they also continue to stretch out some arguments.

In what way does the NSAC “endorse and sanction,” the use of steroids? It is true that the commission has recently begun to issue therapeutic use exemptions (TUE) for testosterone replacement therapy to every single some fighters who have applied for them. They could theoretically issue some for marijuana use to those, like Diaz, who are legally allowed to use it in their home state of California to help with various ailments.

The thing is, NSAC Executive Director Keith Kizer has said that Diaz has never applied for a TUE for Marijuana. If part of Diaz’s argument is that he has a legal right to use marijuana out of competition and that he should have the same right to use as those who have been granted TUE’s, he probably should have applied for one at some point. Then again, we are talking about a man who once stated that he couldn’t move out of his shitty neighborhood because he didn’t major in buying a house during his time at Stockton U, which I can only imagine is run like Harvard post Method Man and Redman’s arrival.

Not that Diaz would have a clear path if he actually did apply. There’s no reason to believe that the NSAC would grant him their first exemption ever for marijuana, and there are not really guidelines for permissible amounts of THC or metabolites the way there are for testosterone.

In any case, at least Diaz is clearly not retired and obviously wants to get back to fighting as soon as possible (Ed note: Yeah, until he loses again). We’ll keep you posted on developments with this story as they are made available. To check out Diaz’ full petition to the court, click here.

- Elias Cepeda

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Mr_Misanthropy- September 29, 2012 at 5:58 pm
Nice crop homie.
dipsetkilla316- September 29, 2012 at 10:24 am
Damn that alot of bud i sometimes grow like 2 3 planets during the summer and and there such a pain in the ass they always need to be take care of buy small fances to kep it growing str8 but at the end u get like 8 o's shit lastes fir months but ut gets stale so u wanna sell some on da side but nick i mean if i was a fighter and bout to fight for a intrem belt and main event a card and have the biggest fight of my life i would not blaze like wat if he won that fight and then got stripped of it
dillsapldorf- September 29, 2012 at 8:23 am
i think Nick and his legal team make some very valid points...VERY valid. how the fuck we gonna let punk ass cheatin ass roid heads have legal prescribed testosterone and a brother cant smoke a lil weed to help wit sore muscles and rest in general!?!? what a wack ass fucked up double standard...wtf!?!?!?!?
cman- September 29, 2012 at 8:00 am
He was dry humped by Shields, a close split loss to kammpman,
Yet he's also beaten McDonald, ellenberger, and yes , Diaz. Has 2 Los of the night and FON honors, your right. The guy has no business in the UFC.
Now run this thru word and hope to get an arguement.
dillsapldorf- September 29, 2012 at 8:25 am
i know i'm only reitterating the argument thats already been exhausted but a person running away cant "win" a fight...but wutevs
j-rocv- September 28, 2012 at 11:15 pm
If diaz can fuck people up while smokeing the good shit all the power to him...always comes to fight!! Diaz rightful interm champ!!!!!!!!!
Professor77- September 28, 2012 at 9:00 pm
I am a Diaz brothers fanboy and if I was to give Nick any legal advice it would be to STFU. Let the lawyers do their stuff and stay the fuck out of it. I learned a big lesson early in my legal career - I was defending a group of Lao-Americans who owned an Asian wholesale grocery market that sold frozen fish, traditionally with innards intact. They were raided and beaten by fish/wildlife officers and police swat (several vietnam vets among them who addressed my clients as "gooks"). They seized 250k$ worth of frozen fish under a law from 1890(pre-refrigerators) that ban the sale of squirrels , rabbits and other small animals with their innards intact. There were many huge violations of my clients constitutional rights and it was ripe for the news however, my clients being practicing Buddhists, asked me not to go that route. In court I defended based on all the violations and abuse by police and in the end I threw in a statement that the law shouldn't apply since fish aren't animals(just based on a dictionary definition of animal that I found which seemed onky to apply to warmblooded creatures as animals - I know fish are animals). The judge dismissed all charges and the fish were returned based on the Judge's ruling that fish aren't animals. Had we gone to the media and made a big stink the Judge would have been forced to address the agregious conduct of the LEOs and likely rule in their favor - otherwise he would appear to be antiLEO and a little crazy since everyone knows fish are animals. We simply gave him the room to rule from his heart, (quietly) rather than based on public pressure and my clients happily and quietly went back to biz as usual. So the moral is STFU Nick and let this go away as quick and quiet as possible. All that said - If he wants to spend all the $ he has and fight this to the Supreme Court and if he wins he'll be my hero - but in present day Nevada and USA .a win isn't likely to be in the cards. Nick do your fighting in the ring not in the news.

Happy Trails, P77
dillsapldorf- September 29, 2012 at 8:26 am
dork...no one cares about your plight...but some shit needs to be done bout people leagally able to do steroids but not smoke a lil weed gawd damnit!
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Buster Hyman- September 28, 2012 at 5:18 pm
hitler sides with diaz
http://www.youtube.com/watch?v=WG_yfOgYc70&sns=tw
cman- September 28, 2012 at 5:07 pm
A. Diaz is retarded and just based on that even Rome wouldn't let him fight.
B. getting a prescription for pot is to easy for ANYONE to take one serious. Social anxiety? Fuck you.
C. Condit won. Just because he refused to fight diaz's brain dead way does not make him a loser. Actually everything about Diaz normally does make one a loser.
dillsapldorf- September 29, 2012 at 8:30 am
sniff...sniff...i smell a moron...ya wit a name like cman i guess you can't expect an intelligent comment. condit won if running and tapping with the front leg is "winning" but most of us call taht running scared. so what your douchey azz is trying to say is legal testosterone is ok...maybe even good stuff...while smokin a lil weed is not somehow? thats what i thought..thats why you have 11 thumbs down and your two in your anus moron.
JayJitsu310- September 28, 2012 at 11:08 pm
You don't smoke pot, and you call Diaz a retard, yet you can't write a grammatically correct sentence. Surprised you even know your ABC's.
And BTW, Condit didn't really win that fight, and has never beaten anyone noteworthy, Shields and Kampmann did beat him though.
itsgalf- September 28, 2012 at 3:51 pm
$80,000 fine? Damn, that's quite harsh
JayJitsu310- September 28, 2012 at 11:09 pm
Man, that's a house in Stockton
algiersheadkick504- September 28, 2012 at 3:21 pm
yall hate on one of the beat fighters in the game.. joe rogan sucked condits dick in the commentary and brainwashed people...diaz vs gsp would have been the biggest fight in years...or even diax vs anderson..but dana doesnt think thays a good idea but bonnar/silva is a main event...
j-rocv- September 28, 2012 at 2:54 pm
nick Diaz the rightful interm CHAMP. The guys is fuckin legend . .
jimbonics- September 28, 2012 at 2:39 pm
On one hand, I see where he's coming from.

On the other hand, fuck Nick Diaz.
Miles- September 28, 2012 at 2:10 pm
Yeah unfortunately I think all this is going to do is give him a fat lawyer bill on top of his ~$80,000 fine - admitting wrongs is just not something the NSAC does.
BaghdadBob- September 28, 2012 at 2:04 pm
As I'v said before, Diaz needs a new legal team. So long as they don't win the lottery in having their case assigned to some nutjob judge, they're going down in flames (once again). No wonder Homie doesn't have any money - he's spending it all on lawyers.
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