NSAC: Nick Diaz inquired about therapeutic-use exemption for marijuana before UFC 183

http://mmajunkie.com/2015/09/nsac-nick-diaz-requested-therapeutic-use-exemption-for-marijuana-before-ufc-183


While the Nevada State Athletic Commission waited for his license application to fight Anderson Silva at UFC 183, middleweight Nick Diaz took several drug tests at the UFC’s office, according to documents obtained by MMAjunkie.

The tests were taken so Diaz could forward the commission a clean drug test, per the terms of a 2012 suspension he received after a decision loss to Carlos Condit at UFC 143, his second drug test failure after a 2006 suspension for marijuana. Diaz’s manager believed any tests beyond the clean sample would be kept secret unless authorized by the fighter.

But with the clock ticking, the manager, Lloyd Pierson, allegedly admitted that the fighter was having a tough time passing a test and mentioned the possibility of obtaining a therapeutic-use exemption for marijuana to the NSAC’s legal representative, Nevada Deputy Attorney General Chris Eccles.

Diaz eventually submitted a clean sample on Jan. 28, clearing the way for the fight. But the information from the tests he took with the UFC is now at the heart of a battle between the fighter and the Nevada attorney general’s office over what evidence will be presented to the commission during Diaz’s hearing Monday in Las Vegas.

Diaz (26-10 MMA, 7-7 UFC), 32, faces fines and a potentially lengthy suspension for his third alleged marijuana infraction following a unanimous decision loss to Anderson Silva (34-6 MMA, 17-2 UFC) at the Jan. 31 pay-per-view headliner at MGM Grand Garden Arena in Las Vegas. (Silva later tested positive for multiple banned substances and was suspended and fined.)

Diaz’s reps deny the fighter failed his third test and argue the disclosure of the pre-fight test results will unfairly influence commissioners when they decide whether or not to take administrative action against him. This past week, they filed a motion to “quash” the NSAC’s subpoena for the documents.

“Prejudice will result from the adverse inference taken against Mr. Diaz from any test result disclosures,” wrote Diaz attorney Alicia Ashcraft and co-counsel Lucas Middlebrook. “Unfairness will result from admitting evidence that is not relevant and in breach of confidentiality.

“The effect will surely be to undermine Mr. Diaz’s due process rights by the commission’s abuse of discretion.”

The attorney general’s office, which reps the NSAC in administrative proceedings, filed a motion in opposition, countering that the tests prove Diaz used marijuana and lied about it on pre-fight medical paperwork.

“Diaz did not file his application until January 28, only three days before the contest,” wrote Nevada Deputy Attorney General Chris Eccles. “Why did he wait so long to apply for a license for the biggest fight of his life? The answer is simple: Because he could not pass the required urine test.”

It was previously known that Diaz took three NSAC-ordered drug tests in connection with the Jan. 31 fight at Las Vegas’ MGM Grand Garden Arena. He passed the first and last one, according to the WADA-accredited Sports Medicine Research and Testing Laboratory, which performs in- and out-of-competition testing for the NSAC. He failed the second one, according to another drug lab, Quest Diagnostics, which performs fight-night testing for the commission.

The attorney general’s office based its complaint against the fighter on the second result, pointing to marijuana metabolites in his urine in excess of 300 ng/mL, or double the NSAC’s allowed amount of 150 ng/mL, as well as his pre-fight medical paperwork in which he said he hadn’t used any drugs in the previous month.

But on Aug. 3, Aguilar subpoenaed Diaz to produce results for any tests not performed by the commission that he took between Jan. 13-28, when he submitted his test for licensure. In his opposing motion, Eccles said Pierson told him “on or about Jan. 23” that Diaz was having trouble providing a clean test and inquired about a TUE for marijuana.

The hearing was continued to Monday, Eccles wrote, to give Diaz more time to produce the results.

As previously reported, Pierson told MMAjunkie that Diaz attorney Middlebrook had a scheduling conflict and couldn’t attend the Aug. 13 hearing.

Diaz’s reps say they were assured that several tests they took “at the direction and under the authority of” the UFC would not be made public. (The UFC did not immediately respond to a request for comment.)

“Through its representative, UFC assured Mr. Pierson — and thus Mr. Diaz — that all UFC-arranged out-of-competition urine specimen collections, tests, and corresponding results were to be strictly confidential and to remain undisclosed unless Mr. Diaz consented otherwise,” Diaz’s attorneys wrote.

They also noted that the UFC’s tests utilized a 50 ng/mL cutoff as opposed to the commission’s higher cutoff of 150 ng/mL, according to the fighter’s motion, which suggests why he may have had trouble passing.

“The disclosure of such tests could adversely affect his professional reputation, damaging his income,” they wrote. “Moreover, the commission has no claim on such tests that were out-of-competition, conducted by utilizing collection procedures and testing methodology inconsistent with applicable WADA standards, and undertaken by Mr. Diaz in the good faith belief that they would remain confidential.”

The commission, however, argues that the results are fair game because they were disclosed by Diaz’s reps prior to the fight and are relevant to the complaint against him.

“And now, Diaz blithely argues that these results are confidential,” Eccles wrote. “He even asserts a commercial interest in preserving the confidentiality of failed urine tests disclosed by his own manager as part of the commission’s application process.

“In fact, Diaz was desperate to get licensed for the biggest of his life. But he waited and waited until the 11th hour to apply because he could not obtain the required clean drug test result.”

As of Tuesday, the NSAC hadn’t ruled on Diaz’s motion.

hhhhmmmmmm

This isn't my Diaz fandom speaking when I say this, but rather my pure loathing of all of this nonsense;

Just let the guy fucking use it already!!
Enough with the BS. You know it's not giving him an unfair advantage. I know it's not giving him an unfair advantage. Everybody in the world save for the mega-purist a-holes who have nothing better to do than shit on other people know it's not giving him an unfair advantage.
The guy has a TUE in his home state for christ's sake. Let's get over the idea that if you allow him a TUE he's gonna come walking out the Octagon smoking a joint, wearing birkenstocks and a Grateful Dead t-shirt. And it's not like you'd be condoning letting the guy take bong rips in front of kids or something. He's a world-class athlete for fuck's sake, not a burnout trying to do nothing more than stick it to the man.

This is just getting stupid at this point.

Agreed with Trigg m- So old now. Leave the guy alone.

Triggerman99 wrote:

This isn't my Diaz fandom speaking when I say this, but rather my pure loathing of all of this nonsense;

Just let the guy fucking use it already!!
Enough with the BS. You know it's not giving him an unfair advantage. I know it's not giving him an unfair advantage. Everybody in the world save for the mega-purist a-holes who have nothing better to do than shit on other people know it's not giving him an unfair advantage.
The guy has a TUE in his home state for christ's sake. Let's get over the idea that if you allow him a TUE he's gonna come walking out the Octagon smoking a joint, wearing birkenstocks and a Grateful Dead t-shirt. And it's not like you'd be condoning letting the guy take bong rips in front of kids or something. He's a world-class athlete for fuck's sake, not a burnout trying to do nothing more than stick it to the man.

This is just getting stupid at this point.

It has been proven that Marijuana has significant medical benefits. Therefore it is an unfair advantage.  This is why it is teared for and not other recreational drugs like coke.

not trying to start a debate about the weed......but nothing about it gives any kind of advantage......maybe a bit of help recovering but nothing like trt or any other kind of juice....and if a person were to go in to the cage all stoned up, it would be a disadvantage.....it doesn't rebuild muscles it doesn't boost T it doesn't give you adrenaline rush it doesn't it doesn't make you stronger.....what it does do....helps you crush twinkies it helps you take naps and it helps you to listen to jamband music......the medical benefits grey is speaking of do nothing for athletic performance....medically it kills cancer cells, helps glaucoma, helps with nausea from chemo and other cancer drugs.....and one last FACT.....most of the medical properties aren't found in the flower which it what you smoke to get high....they are called cbd's and are found in and extracted from the leaves....cbd's don't get you high or alter your state of mind at all...therefore smoking weed for any advantage in sports is just not true(other than competitive eating)

Grey Suit wrote:

Triggerman99 wrote:

This isn't my Diaz fandom speaking when I say this, but rather my pure loathing of all of this nonsense;

Just let the guy fucking use it already!!
Enough with the BS. You know it's not giving him an unfair advantage. I know it's not giving him an unfair advantage. Everybody in the world save for the mega-purist a-holes who have nothing better to do than shit on other people know it's not giving him an unfair advantage.
The guy has a TUE in his home state for christ's sake. Let's get over the idea that if you allow him a TUE he's gonna come walking out the Octagon smoking a joint, wearing birkenstocks and a Grateful Dead t-shirt. And it's not like you'd be condoning letting the guy take bong rips in front of kids or something. He's a world-class athlete for fuck's sake, not a burnout trying to do nothing more than stick it to the man.

This is just getting stupid at this point.

It has been proven that Marijuana has significant medical benefits. Therefore it is an unfair advantage.  This is why it is teared for and not other recreational drugs like coke.

What benefits would those be?

This should be good.....

Triggerman99 wrote:

Grey Suit wrote:

Triggerman99 wrote:

This isn't my Diaz fandom speaking when I say this, but rather my pure loathing of all of this nonsense;

Just let the guy fucking use it already!!
Enough with the BS. You know it's not giving him an unfair advantage. I know it's not giving him an unfair advantage. Everybody in the world save for the mega-purist a-holes who have nothing better to do than shit on other people know it's not giving him an unfair advantage.
The guy has a TUE in his home state for christ's sake. Let's get over the idea that if you allow him a TUE he's gonna come walking out the Octagon smoking a joint, wearing birkenstocks and a Grateful Dead t-shirt. And it's not like you'd be condoning letting the guy take bong rips in front of kids or something. He's a world-class athlete for fuck's sake, not a burnout trying to do nothing more than stick it to the man.

This is just getting stupid at this point.

It has been proven that Marijuana has significant medical benefits. Therefore it is an unfair advantage.  This is why it is teared for and not other recreational drugs like coke.

What benefits would those be?

This should be good.....

Pain Relief from surgery or injury seems the most relevant:

http://www.webmd.com/pain-management/news/20100830/marijuana-relieves-chronic-pain-research-show

norcalmatt wrote:

not trying to start a debate about the weed......but nothing about it gives any kind of advantage......maybe a bit of help recovering but nothing like trt or any other kind of juice....and if a person were to go in to the cage all stoned up, it would be a disadvantage.....it doesn't rebuild muscles it doesn't boost T it doesn't give you adrenaline rush it doesn't it doesn't make you stronger.....what it does do....helps you crush twinkies it helps you take naps and it helps you to listen to jamband music......the medical benefits grey is speaking of do nothing for athletic performance....medically it kills cancer cells, helps glaucoma, helps with nausea from chemo and other cancer drugs.....and one last FACT.....most of the medical properties aren't found in the flower which it what you smoke to get high....they are called cbd's and are found in and extracted from the leaves....cbd's don't get you high or alter your state of mind at all...therefore smoking weed for any advantage in sports is just not true(other than competitive eating)

One of the biggest benefits is pain relief which can help an athlete recover faster. I'm not saying I care if fighters smoke weed or not, I'm just saying it is an advantage and if one fighter gets access to it they all should.

Grey Suit wrote:

Triggerman99 wrote:

Grey Suit wrote:

Triggerman99 wrote:

This isn't my Diaz fandom speaking when I say this, but rather my pure loathing of all of this nonsense;

Just let the guy fucking use it already!!
Enough with the BS. You know it's not giving him an unfair advantage. I know it's not giving him an unfair advantage. Everybody in the world save for the mega-purist a-holes who have nothing better to do than shit on other people know it's not giving him an unfair advantage.
The guy has a TUE in his home state for christ's sake. Let's get over the idea that if you allow him a TUE he's gonna come walking out the Octagon smoking a joint, wearing birkenstocks and a Grateful Dead t-shirt. And it's not like you'd be condoning letting the guy take bong rips in front of kids or something. He's a world-class athlete for fuck's sake, not a burnout trying to do nothing more than stick it to the man.

This is just getting stupid at this point.

It has been proven that Marijuana has significant medical benefits. Therefore it is an unfair advantage.  This is why it is teared for and not other recreational drugs like coke.

What benefits would those be?

This should be good.....

Pain Relief from surgery or injury seems the most relevant:

http://www.webmd.com/pain-management/news/20100830/marijuana-relieves-chronic-pain-research-show

That's for chronic nerve pain following surgery, not relief from any kind of pain that could give you an advantage in an MMA contest.
On top of that, the study referenced in that link reports a pain relief of only 0.5 on a 1-10 scale when compared to a placebo.
That's a pretty tough sell to try and say that something that provides such a minuscule amount of pain relief to post-surgery patients with neuropathic pain gives an MMA fighter an unfair advantage over his opponent.

I know what you're saying about an even playing field and all that, and I personally don't smoke weed and honestly don't care if every fighter or every person in the world for that matter was using it. But I just think in this day and age, it's a little outdated to try and pass it off as an enhancer of some kind that increases an athletes performance. We all know better than that.

In Diaz's particular case I wish he would stop, but only because I'm sick of hearing about it, not because I think he's wrong.

This is purely circumstantial but check out Joe Rogan's podcast when he had the head of the UFCs Drug Testing on.  Go to the 2:16:00 mark and they talk about Nick Diaz testing positive against Silva (basically the evidence says he was high during the fight) and Joe talks about the benefits of smoking weed while doing Jujitsu and it prevalence in the Jujitsu community.

https://youtu.be/J7NX3fDNsT4

the pain relief thing is mostly mental......when you get super high you just sort of forget about it or don't care about it as much...its not a healing benefit.....id be willing to say that getting really drunk numbs pain more than any amount of the weed........I too agree about an even playing field but I stand strong that weed would only decrease performance......ive worked on weed farms contracted by the medical industry and have studied the medical benefits so this is one subject I actually have a solid understanding of......not trying to be argumentative just want to get good info out there

side note....its banned for the job they chose so make damn sure you test clean....im just saying that its a stupid ban not that anybody should be above the rules

I listened to that podcast and what they were saying about being high while rolling wasn't in a competitive setting....what he was saying was at the gym in a learning environment....and theres no way based on the trace amounts given in the results of nicks test he was high during the fight....thc attaches to fat cells which is why it takes so long to leave your system....so my guess is that he smoked a week or 2 out and at the closest to the fight a day or 2 out(which may be possible with weight cutting to metabolize it at a higher rate)

Grey Suit wrote:

This is purely circumstantial but check out Joe Rogan's podcast when he had the head of the UFCs Drug Testing on.  Go to the 2:16:00 mark and they talk about Nick Diaz testing positive against Silva (basically the evidence says he was high during the fight) and Joe talks about the benefits of smoking weed while doing Jujitsu and it prevalence in the Jujitsu community.

https://youtu.be/J7NX3fDNsT4

Why doesnt it mention that the results are complete horseshit?

If you look at the report the night of the fight Nick tested at something like

7:35pm - 75
10:40 - 780
11:35pm - 90

or something like that. Where anything under 150 is legal. The one test taken at 10:40 was taken by quest diagnostics and the other 2 were taken by wada. I myself have had blood results fucked up by Quest.

Can someone please explain how Nick managed to get the weed out of his system in an hour??? lol. GIve me a break.

And also I am giving a big eye roll to the weed giving any kind of advantage what so ever.

Yeah I guess Diaz's lawyer argued that point at his hearing, saying the results were wildly inconclusive and erratic. And the NSAC, in their usual fashion when someone proves them wrong, responded with "Fuck you AND you logic!!" and just ignored it.

This is all just absolutely fucked, 5 years is nonsense! Especially when his fuckin opponent was popped for PEDs in the same fight and gets 1 GOD DAMN YEAR?!
Bunch of crooked ass mother fuckers.

Jesus Christ 5 years is fucking crazy... Can he still fight outside of the US?

Chrom wrote:

This is all just absolutely fucked, 5 years is nonsense! Especially when his fuckin opponent was popped for PEDs in the same fight and gets 1 GOD DAMN YEAR?!
Bunch of crooked ass mother fuckers.

Yeah it's pretty obvious that the NSAC completely makes up their mind about what they're going to do before the case is even heard. It's just complete fucking nonsense.
I mean the Silva decision I can understand, due to his foolproof Thai-Viagra-From-a-Friend-and-No-Other-Explanation-Whatsoever-For-Anything-At-All defense, but this Diaz decision just screams "agenda".

Grey Suit wrote:

Jesus Christ 5 years is fucking crazy...  Can he still fight outside of the US?

Can't fight anywhere that honors association of boxing commissions suspensions.