And so the Nick Diaz saga continues.
During a recent episode of The Showdown on Sportsnet 590 The Fan with UFC CENTRAL host Joe Ferraro, Diaz’ legal representative, Ross Goodman, explained why the welterweight should never have been suspended for a failed drug test.
On Feb. 22 Diaz was temporarily suspended by the Nevada State Athletic Commission (NSAC) for a failed drug test following his interim welterweight title fight with Carlos Condit in the main event at UFC 143 in Las Vegas.
Goodman explained that there is a common misunderstanding over what exactly Diaz tested positive for. Diaz tested positive for “the presence of (an) inactive metabolite of marijuana.”
“I think it’s important for everybody to understand that Nick Diaz did not violate a rule for testing for this marijuana metabolite, either under Nevada law or under the World Anti-Doping Agency (WADA) rules,” Goodman told Ferraro.
Within WADA rules, marijuana is not frowned upon outside of competition and is only prohibited in competition. Therefore if an athlete tests positive following a fight in Nevada they are punished because the NSAC adopts these WADA rules when performing banned substance screenings.
However, since there was no active THC found in Diaz’ urine sample — only the metabolite — Goodman said that there were no grounds for discipline in the first place.
“WADA recognizes that marijuana is one of those substances that you can smoke it, consume it (but) then the metabolite itself shows up in your urine months later.”
The reason the metabolite stays in a person’s system is because marijuana is a fat-soluble substance that is sequestered in a person’s fat tissue.
But the issue now is less about the test itself, and more about a clerical error made by Diaz that took place one day before UFC 143, as Diaz was filling out a pre-fight medical questionnaire.
Goodman said there was one question that asked whether or not the fighter took or received prescription medication within the previous two weeks.
In Goodman’s opinion Diaz, a native of Stockton, Calif., answered that question honestly. “Nobody’s going to sit here and say that legal marijuana is a prescription drug,” Goodman said. “Just because other states have legalized it doesn’t make it a prescription drug. You can’t go to a doctor; doctor can’t write you a (prescription) for marijuana.”
Instead, Goodman believes that it could be a case of the commission trying to make an example of the former Strikefroce 170-pound champion.
“Not only did Nick accurately answer that, but what Keith Keizer (the head of NSAC), and the attorney general’s office, is saying is inconsistent with federal law,” Goodman said.
“The Federal Government will tell you that medical marijuana, legal in California and Nevada, is not classified as a prescription medication.”
Goodman argued that the only reason a commission would want to ban certain substances — such as steroids and diuretics — would be because either they give an athlete an unfair advantage or it creates a safety issue.
“Everybody knows marijuana is not a performance-enhancing drug … and we know from Nick’s training camp and Nick’s sworn statement that he filed before the Nevada athletic commission is that he stops using marijuana eight days before competition,” Goodman explained.
“Nobody can say he was under the influence, or impacted at all from legal marijuana that he legally consumed more than a week before the fight. So there are no safety issues … That’s why there’s no basis to discipline Nick.”
Diaz is scheduled to appear in front of the NSAC to discuss the situation and although Goodman said no specific date has been given, he expects the hearing to take place sometime in April.
If it turns out that the commission was in fact in the wrong, Goodman said he hasn’t yet given thought to whether or not they would file a counter-lawsuit.
Goodman added that whether or not you agree with the legalization of marijuana, the 28-year-old Diaz properly complied with all parties involved with the situation.
“I think it’s ridiculous, especially in Nevada, California, about 28 other states where they’ve legalized use of marijuana,” Goodman said.
“There really is no basis in which to sanction or even discipline Nick Diaz.”
