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Despite a stinging rebuke at the hands of the Nevada State Athletic Commission (NSAC) today, Nick Diaz and his legal team have not given up the fight to secure the fighter a license. Diaz's lawyer Ross Goodman believes the commission acted in disregard for established and unequivocal Nevada statutory code at today's hearing. After being contacted by MMA Fighting, Goodman says Diaz and his legal advisors are strongly considering petitioning a district court to review the NSAC's decision. Should they choose to move forward, "we would file a petition for judicial review in front of a district court judge," Goodman told MMA Fighting. "It would entitle a judge to basically look at the hearing anew." Judicial review is a process by which if one requires an occupational license from the state and are denied such authorization by the relevant state agency, the petitioner can ask relevant courts to weigh assess the merits of the petitioner's claims. This method can be used in cases where the petitioner believes the state agency broke the law, acted unfairly or made a decision not based on facts. In addition to the review, Goodman contends they could also motion the judge for a stay the suspension while he or she deliberates the larger merits of the petition. Diaz tested positive for marijuana metabolites following his loss to Carlos Condit at UFC 143 in February of 2012. For the infraction, the NSAC suspended Diaz at a hearing today in Las Vegas for one year effective from the date of his last fight and fined him 30 percent of his purse, or approximately $60,000. Diaz must also pass a drug test when reapplying to earn a license. While Goodman objected to several questions asked and conclusions reached by the NSAC, Diaz's legal case primarily rests on whether marijuana metabolites are banned substances in the state of Nevada. Goodman argued both today and in documents related to Diaz's previous lawsuit against the NSAC that marijuana metabolites are not a prohibited substance in the state. Marijuana is prohibited for fighters licensed in Nevada by virtue of NAC 467.850(2)(f), which incorporates all prohibited substances on the current Prohibited List published by the World Anti-Doping Agency (WADA). However, Goodman argues marijuana is only prohibited "in competition". Goodman maintains WADA permits use of marijuana and other cannabinoids outside of competition and per the construction of Nevada's stated regulations, in that state as well. Goodman suggested today marijuana metabolites are not grounds to find Diaz guilty of violating the law. Given the outcome of the hearing, however, it appeared unpersuasive to the commission. "It was clear by their questioning that their decision was already made up," Goodman said. "In my closing argument I basically reminded 'Skip' Avansino, who is the chairman [of the NSAC], that in the TUE hearing that occurred before us [with UFC middleweight Chael Sonnen] he said 'the presence of a prohibited substance would constitute a violation'. Those were his words. The chairman of the commission." "All you have to do is look at the ruling and tell me where it says that Nick tested for the presence of marijuana. Because he didn't. And if you're saying 'the presence of a prohibited substance would constitute a violation' then you have to show me where in the rules marijuana metabolite is a prohibited substance." "They never answered that," Goodman continued. "They never responded to that. They just made up a rule. They read the rule in there. It was like on an ad hoc basis." "[Avansino] agreed with what our whole position is: that evidence of prior use of a prohibited substance is not presence of a prohibited substance. Everyone acknowledges that marijuana metabolites means that at some point before that you used marijuana, but evidence of prior use is not a violation. You have to show presence of prohibited substance according to Nevada rules to constitute a violation. That was never addressed. That was never responded to. That was never clarified." "Effectively what they did," Goodman concluded, "was punish him for legally consuming marijuana more than a week before the fight and then having an inactive component sequestered in his fat tissue after the fight." Goodman also expressed surprise at what he perceived as the lack of basic literacy among the commissioners on Nevada's own regulations as it related to banned substances. Early in the hearing, commissioner Pat Lundvall appeared confused regarding what Nevada's laws and those of WADA did and did not say. "It was clear that the commissioners didn't really prepare for the hearing," Goodman maintained. "It was really alarming, the fact that something so basic, so clear, which is that marijuana in general is allowed out of competition but not in competition. To kick off the hearing suggesting there is no distinction indicated what was to come after that." Goodman argues Nevada borrowing WADA's Prohibited List of banned substances to help the commission regulate drugs of abuse is a key first step to regulating banned substances. If they really wish to regulate metabolites, however, then Goodman recommends they also adopt WADA's Code. "If they felt so strongly about the issue, then they should have amended the rule or modified the rule in the future to incorporate and adopt WADA's code which does constitute a violation if you have any metabolite in your system. Because the rule says any prohibited substance, it's markers or metabolites present in your sample. That's what WADA's Code says, which is something Nevada has not adopted. There's no counterpart rule in Nevada. There's nothing in the rule that says metabolites are a prohibited substance." Goodman was also dismayed at what he felt was a line of irrelevant questioning among the commissioners that attempted to portray Diaz's use of marijuana as recreational or performance enhancing. On the latter charge, Goodman notes the separation of competition testing as a refutation of the commission's argument. "You heard him testify. That's what happens when you have ADHD: you can't focus. They tried to construe that as 'oh, that must be performance enhancing'. That is absurd. There was nothing more ridiculous than that statement." "Instead of performance enhancing, it's more life enhancing for Nick. It helps him out. It helps him deal with attention deficit disorder. Of course, WADA has already determined that which Nevada adopts: that marijuana is not performance enhancing because it separates it between in and out of competition. Well, they don't do that for other performance enhancing drugs in WADA." As for Diaz's attitude after repudiation, Goodman contends Diaz is still ready continue his MMA career. "Nick was disappointed obviously, but he's in good spirits. He's in good spirits in general. He knows the truth of it. He knows he didn't lie to the commission. He knows he didn't mislead the commission and he understands he did everything he was told to do legally. He got a physician's statement, he was qualified to use it, he understands the rules do not require metabolites as a violation." And is the former Strikeforce welterweight champion still un-retired as he stated when previously filing a lawsuit? "Nick's sworn in his affidavit he's not retired. He's only 28 years old, he's at the top of his game. I don't want to speak for Nick, but I think he's looking forward to getting back in the cage as soon as he can."

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Any hopes of UFC welterweight Nick Diaz beating the rap for a failed drug test and returning to the ring rather than remain retired were dashed earlier today when the Nevada State Athletic Commission reviewed his case, shrugged off his team’s arguments, and threw the book at him for their trouble. Diaz, who has been at outspoken proponent of marijuana use and receives it legally in California, was popped for “marijuana metabolites” in his system after a February fight with Carlos Condit. As a result of the NSAC’s findings Diaz will be suspended from competition for a year and was fined 30% of his purse from the bout (equating to $60,000). A Look at Diaz’s Case Against Suspension Diaz tested positive for marijuana use five years ago after a match-up with Takanori Gomi, also in Nevada, and was handed a six-month suspension in that instance. The 28-year old has not commented publicly on the matter but, at least for the time being, it appears his MMA career is officially over (or at least until 2013). PHOTO CREDIT – UFC Tweet

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Embattled UFC welterweight Nick Diaz has been suspended for one year by the Nevada state athletic commission on Monday for his post-UFC 143 drug test that came back positive for marijuana metabolites. In addition, Diaz will have to forfeit 30 purse of his $200,000 fight purse, a total of $60,000. In a three-hour hearing at the Grant Sawyer State Office Building in Las Vegas, Diaz's attorney Ross Goodman argued that the presence of marijuana metabolites in Diaz's sample did not prove he had used the drug in-competition, and that because World Anti-Doping Agency code does not prohibit out-of-competition marijuana usage, no suspension should be given. Goodman produced an expert witness, Dr. John Hiatt, who is now semi-retired but previously worked for reputable drug lab Quest Diagnostics, told the commission that Diaz's test level results -- 25 nanograms per milileter -- could certainly be consistent with someone who stopped using marijuana as much as eight days prior to the test, or even more. "Depending on the amount of body fat a person has, the rate of turnover of that fat, whether they’re gaining weight or losing weight, they may be positive for marijuana in the urine for the metabolite for days, weeks, or even more than a month after last use," he said. Diaz explained his history with marijuana, saying he first began taking it recreationally with friends before learning it could possibly used to address his ongoing issues with Attention Deficit Hyperactive Disorder (ADHD). Diaz said he was first diagnosed with that around the time he was in second grade, and that for years, he was ordered to take drugs including Ritalin, Adderall and Prozac. As he got older, he said, he learned that some of these drugs were similar to methamphetamine and began to learn about the therapeutic uses of marijuana. Later though, NSAC chairman Skip Avansino and deputy attorney general Christopher Eccles seized upon that admission to make a point about potential performance-enhancing aspects of marijuana. At one point, Avansino asked Diaz if he used marijuana while training? Diaz responded yes, and later added that he used it for "sparring, competitive training, hard training, triathlon racing. Anything that's not going to test me for it. Sure, why not?" Eccles then asked if it increased his focus, and Diaz said yes. But in the end, NSAC seemed to be unable to get past two things. First was the presence of marijuana metabolites in his sample. Even Dr. Hiatt admitted that the test was the industry standard for drug usage. The second was that Diaz had not included any mention of his marijuana usage on a pre-drug test questionnaire, nor any mention of a "serious medical issue" like ADHD that precipitated his use. Goodman, who mounted a vigorous defense of Diaz, argued that Diaz did not disclose the medical marijuana usage because the form supplied to him had only questions about "prescription" and "over-the-counter" medication, and neither of those truly applied to Diaz's situation, since it was not technically a prescription but a doctor's note that made him eligible to buy medical marijuana from a dispensary. Diaz said he not consider his case a "serious medical issue," saying he believed the question was reserved for things that would "prevent me from fighting" like a broken bone or injury. NSAC executive director Keith Kizer at one point testified of his own belief that Diaz had tried to dilute the sample, saying he had done so in a October 2011 test, which came back marked "abnormal/negative" from the lab. Kizer said Diaz said that in the post-UFC 143 test, Diaz did not submit a sample until the early morning hours, under threat of not being paid. "There was definitely at attempt, in my mind, both in October and February, for him to dilute the sample," he said. In his closing argument, Eccles asked the commission to hold Diaz accountable for his "doping violation," and they did. Lundvall noted there is a strict liability standard that the athlete is responsible for, but also added that she wished Diaz would have approached the commission about a therapeutic use exemption for his usage. "I think a reasonable person would deduce you have a serious medical condition," she said. The commission's vote was unanimous for the one-year suspension, which means won't be eligible to fight until at least February 3, 2013.

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The Nevada State Athletic Commission (NSAC) voted unanimously to uphold the 12 month suspension they gave UFC Welterweight Nick Diaz after a very long hearing today in Las Vegas, Nevada. Diaz failed a post-fight urine test following his UFC 143 interim title fight loss to Carlos Condit. His urine showed marijuana metabolites. He was also fined 30% of his purse and bonus from the fight. The suspension runs from the date of the bout, ie. until February 4, 2013. Diaz appeared before the NSAC with his attorney Ross Goodman. Goodman argued that the appearance of marijuana metabolites in no way indicated that Diaz was impaired during the fight and that the NSAC's rules only prohibit marijuana use at fight time, much like it allows fighters to drink alcohol between fights but prohibits them from fighting drunk. The argument Goodman presented was very similar to the argument originally presented by Jonathan Tweedale, Commissioner with the Vancouver Athletic Commission here at Bloody Elbow back in February. Notes from the hearing after the jump... Goodman attempted to make the claim that the NSAC had no evidence that Diaz was impaired during the bout. The Commissioners do not seem overly sympathetic to that argument. Nick Diaz was then sworn in. Commissioner Pat Lundvall immediately raised the issue of Nick Diaz' previous suspension in Nevada after his bout with Takanori Gomi at Pride 33 in 2007. Diaz promised the Commission it would not happen again. Lundvall then asked him when he next smoked cannibas and Diaz admitted he smoked immediately on returning home from his hearing. There followed extensive questioning about Diaz' history of medical marijuana usage, his diagnosis with ADHD and use of prescription stimulants to combat that condition before switching to medical marijuana. The commissioners then zeroed in on Diaz' use of marijuana before receiving his medical marijuana card. Extensive questioning on Diaz' mode of using marijuana to train followed. Diaz denied that being high while training allowed him to "take more hits." He did admit that sometimes he could attain a certain "zone" of performance but didn't ascribe that directly to his marijuana usage. An extensive attempt to get Diaz to admit that he had to have a "serious medical condition" to receive a medical marijuana card. Diaz never would admit that was his understanding although the commissioners seemed to think that was a prerequisite of obtaining a California cannabis card. The Commission then called a Dr. Sample who answered questions about the testing protocol and what the test results could tell us about the timing of Diaz' marijuana use. At this point the hearing had to adjourn and move to another conference room. Diaz' team then called in their own doctor (a former employee of Quest Labs) who testifed that "In this case, a sample with 25 ng/ml is consistent with a regular user who stopped 8 days before test sample collection." The doctor than stated that "It's my conclusion [Diaz] wasn't on THC at the time of the fight." The doctor stated that he was actually surprised Diaz' metabolite levels weren't higher given his smoking habits and an 8 day period without smoking. The questioning then focused on Diaz' weight cut and whether there was an inconsistency between what Diaz told his doctor and what he put on his paperwork submitted to the NSAC as regards the size of his weight cut. After closing statements from Diaz' attorneys, the commissioners spoke. Pat Lundvall expressed her wish that Diaz had applied for a therapeutic use exemption (TUE) before the fight. Another commissioner said it was unlikely that the NSAC would change their testing apparatus. Lundvall then moved for a 12 month suspension.

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Two months have passed and the status of Nick Diaz remains as much a question mark as it was on the night of UFC 143, when Diaz stunned spectators by retiring from mixed martial arts after expressing disgust at the judging for his interim title loss to Carlos Condit. With Diaz still in his prime at 28 years old, many, including UFC President Dana White, believe the impulsive retirement to only be temporary. However, the man closest to Diaz, his younger brother UFC lightweight contender Nate Diaz, has rebuffed those sentiments in the past, stating that he believes the former Strikeforce champion is unlikely to change his mind. On Thursday afternoon, Nate reiterated those feelings, explaining that his brother has other priorities besides a return to MMA. "He's busy right now. He's got triathlon season," Diaz revealed to MMAFighting.com. "I don't think he's really that interested in fighting. So as of right now, no." Further complicating matters, Nick remains caught in a tenuous battle with the Nevada State Athletic Commission stemming from a positive test for marijuana metabolites following UFC 143. Diaz' lawyer Ross Goodman contends that the presence of marijuana metabolites do not qualify as a prohibited substance as Diaz possesses a legal medical marijuana card, and that Diaz' usage was stopped eight days before for the fight, and thus should be considered out of competition. Diaz is currently scheduled to meet Brazilian Jiu-Jitsu world champion Braulio Estima in a 180-pound BJJ superfight at the World Jiu-Jitsu Expo on May 12 in Long Beach, CA.

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UFC welterweight Nick Diaz is currently suspended indefinitely by the Nevada State Athletic Commission because of a positive test for marijuana metabolites following UFC 143. It was expected that his case would be heard when the commission meets on April 24th, and Diaz's lawyer Ross Goodman even submitted a letter demanding to be on the agenda on that date: "In discussions with Mr. Kizer, following the Summary Suspension Order, Mr. Kizer informed me and others that this matter would be placed on the NAC’s agenda," Goodman wrote. "Our client was and is confident that there is no basis for disciplinary action against him and therefore did not object to a delay beyond the required 45-day time limit as long as the matter was heard and determined in April." However, his case will not be heard. Why? The commission wants to see his medical marijuana card first: "On several occasions, you told me and Mr. Kizer that Mr. Diaz had a medical marijuana card," Eccles wrote. "You agreed to produce the card prior to the disciplinary hearing. I’ve waited for more than a month for the card. As a result, I issued a Request for Production for the card and other information regarding Diaz’s case. You have chosen not to provide the requested documents, including Mr. Diaz’s card. If Mr. Diaz does not have the card, simply confirm that in writing. As to the relevance of the of the documents I requested for production, it is the Commission that will ultimately decide what is relevant." According to Nick's friend though, there is a plan in place. Check it out after the jump. @LayzieTheSavageLayzieTheSavage Nick Diaz gave his medical marijuana card to his attorney over a week ago. Ross Goodman knows what he's doing. Don't worry, guys. ;) Apr 19 via Twitter for Android Favorite Retweet Reply I'd suggest reading both statements to gain a clearer understanding of the argument and the rebuttal. Even if Goodman does know what he's doing though, it seems like it will be a while before we find out the fate of Stockton's Finest in terms of MMA. Nick is keeping busy though, and will face Braulio Estima in a BJJ match next month.

Posted in: diaz, nick, card, mr, marijuana

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Ross Goodman, the attorney of UFC Welterweight contender Nick Diaz, has filed a new complaint letter with the Nevada State Athletic Commission (NSAC). Diaz has been suspended since UFC 143 when he failed a post-fight drug test after losing a decision to Carlos Condit in an interim title bout. Goodman's new claim is response to an allegation by the NSAC that lied on his pre-fight questionnaire (pdf), by not listing marijuana as a prescription drug he was using and checking "no" on a box asking about prescription drug use. Diaz has a doctor's recommendation that he use medical marijuana to treat attention deficit hyperactivity disorder (ADHD). Medical marijuana is legal in Nevada and California. Goodman further claims that the NSAC complaint "does not allege any facts supporting that Diaz violated a rule"and that "after the fact allegations impugning Diaz's character serve to distract from the core issue that Nevada does not prohibit inactive marijuana metabolites." More On Nick Diaz Nevada Rebukes Nick Diaz Suspension Defense, Claims He Lied On Pre-Fight Questionnaire Nick Diaz Hires Lawyer, Challenges Suspension | Nevada Temporarily Suspends Diaz' License, Open To Medicinal Marijuana Request | NSAC Explains Nick Diaz Could Have (But Didn't) Requested Exemption For Marijuana Use | Nick Diaz' Coach Shocked By Drug Test Failure | No Disciplinary Sanction Warranted For Nick Diaz Under A Principled Interpretation Of NAC 467.850 | In Defense of Diaz's Weed Habit | Diaz Is to Blame, But So Are Meaningless Marijuana Tests | Diaz Should Be Released By The UFC | Diaz' Drug Test Failure Was Inevitable |White: 'I Am Beyond Disappointed' | Fighters React to Diaz's Positive Drug Test | Nick Diaz Tests Positive For Marijuana That means that the presence of inactive marijuana metabolites does not indicate marijuana use immediately prior to competition -- ie there is no evidence that Diaz fought stoned. This line of argument was first publicly raised by Vancouver Athletic Commission member Jonathan Tweedale here at Bloody Elbow. Goodman also contends that his client's drug use should be considered "out of competition" as it was stopped eight days before for the fight and that marijuana metabolites do not qualify as "drugs of abuse" -- nor are they listed as a prohibited substance. Goodman's complete response to the Nevada State Athletic Commission is here. (PDF)

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This one is far from over, folks. Ross Goodman, attorney for Ultimate Fighting Championship (UFC) welterweight Nick Diaz, has filed a new claim with the Attorney General's office this week in response to accusations that Diaz falsified information to the Nevada State Athletic Commission (NSAC). Diaz tested positive for marijuana metabolites following his five round unanimous decision loss to Carlos Condit at UFC 143, which was held on Feb. 4, 2012 at the Mandalay Bay Events Center in Las Vegas, Nevada. The NSAC is claiming Diaz lied on his pre-fight questionnaire (click here to see a copy), by checking "no" on a box asking if he took or received any prescription medication two weeks prior to weighing in. The presence of marijuana metabolites would argue otherwise, but technically, the former Strikeforce Welterweight Champion was telling the truth. Diaz has a prescription for medical marijuana after being diagnosed with Attention Deficit Hyperactivity Disorder (ADHD), which is legal in both Nevada and his home state of California. But since a doctor is unable to legally prescribe pot, the line of questioning could be subject to interpretation. And as Goodman further argues (via MMA Weekly), the complaint "does not allege any facts supporting that Diaz violated a rule"and that "after the fact allegations impugning Diaz's character serve to distract from the core issue that Nevada does not prohibit inactive marijuana metabolites." Goodman also contends that his client's drug use should be considered "out of competition" as it was stopped eight days before for the fight and that marijuana metabolites do not qualify as "drugs of abuse" -- nor are they listed as a prohibited substance. No date has been determined for Diaz's upcoming disciplinary hearing but he's currently enjoying a self-imposed retirement, one his brother Nate expects to last indefinitely. We'll see if the results of his hearing have any influence on that decision. In the meantime, he's expected to test his grappling chops in a "superfight" against Braulio Estima next month at the World Jiu-Jitsu Expo. For more background on Diaz and his UFC 143 drug test click here. To read Goodman's response to the Nevada State Athletic Commission (NSAC) in its entirety click here.

Posted in: diaz, marijuana, nevada, marijuana metabolites, metabolite

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While Nick Diaz is set to grapple Braulio Estima, his lawyer, Ross Goodman, continues to grapple with the Nevada State Athletic Commission over his failed drug test announced after his UFC 143 loss to Carlos Condit. Diaz was originally only facing punishment for his failed drug test, but subsequent statements from Diaz lead to an amended complaint that included the additional charge of providing ”false or misleading” information for not disclosing his medicinal marijuana usage. Goodman contends that Diaz should not be suspended since the metabolites in Diaz’s system are not explicitly listed on the list of banned substances. Goodman is also challenging that Diaz was out of competition when he smoked, since marijuana is technically not banned for out of competition use. That assertion is unlikely to matter much to NSAC however, as Diaz admitted to smoking within two weeks of the fight. This matters since the medical form asks for all medications taken 2 weeks prior to the fight, a period that can count as “in competition.” As for the charge of providing ”false or misleading” information, Goodman argues that Diaz could not have known that he had to disclose the medicinal marijuana since it is not technically a prescription drug nor technically an over-the-counter drug. Ironically, it was Goodman’s original response to the NSAC complaint that led to the additional NSAC complaint. NSAC argues that since California’s laws on medicinal marijuana require that the person must suffer from a serious medical illness to receive a recommendation, that Diaz was obligated to notify the NSAC. Goodman maintains that there was no way Diaz was qualified to state his condition on the questionnaire, and that any omitted information on the questionnaire was a result of ambiguity in the questions and not malicious. According to MMAJunkie, NSAC Executive Director Keith Kizer says that Diaz’s camp has yet to schedule a hearing with the commission nor has he submitted other information, including his medical marijuana card, to the commission. Once the hearing is set, Diaz will be facing several possible punishments since he was previously suspended by Nevada once before. While his lawyer could possibly get Diaz off on the charges, the NSAC’s recent crackdown on athletes who test positive could prove problematic.

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submitted by MattyBlayze [link] [comment]

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My mother always wanted me to go to law school.  It’s a bummer I didn’t listen to her.  I’d almost certainly have an high paying job by now.  Instead, I walk around in my boxer shorts in a studio apartment rummaging the refrigerator at 5:00am because I’m too busy playing video games to sleep.  If priorities had an Olympics, I’d probably fail to get my physical conducted in time to register for the competition.  However, if MMA had an Olympics, Nick Diaz should be the 170lb athlete that represents America; and according to his attourney, Ross C. Goodman, there’s no way an international anti-doping committee would recognize the NSAC’s bogus drug test results. “Nick Diaz tested for the presence of its metabolite, called “THC carboxylic acid,” which is an inactive ingredient of marijuana metabolite, which can stay in your system stored in your fat tissues for weeks, up to months, after use of marijuana. Most people understand that [the] psychological effects of marijuana after smoking it wear off within two to six hours. That is what the commission, the regulatory agencies, are concerned about because you don’t want somebody fighting under the influence or impaired by a psychoactive substance. Once that active ingredient wears off within two to six hours of use, then all that’s left are the residual metabolites from the metabolism of the marijuana stored in somebody’s fat tissues, which is not a controlled substance, which is not psychoactive, which is simply an inactive metabolite which has no impact on an athlete.Of course, it’s directly related from marijuana use, but the point is this: it’s not only Nevada, the World Anti-Doping Agency and most other regulatory bodies only prohibit the active ingredient of marijuana in-competition and not out-of-competition. So that’s an important distinction that I think everybody has to make, and, again, Nick Diaz didn’t test for marijuana, only marijuana metabolite and marijuana metabolite itself, it’s not prohibited, both in Nevada and by the world Anti-Doping Agency, which is the international organization that monitors and regulates sports competitions. Nick Diaz did not violate any rule by having an inactive metabolite in his post-fight urine test.It’s as simple as that. If you’re under the influence of marijuana, which everybody agrees an athlete shouldn’t be in-competition, then it would show when you take a post-fight urine test. It would show for THC, for the active ingredient of marijuana, as opposed to residual metabolites, which could come from consuming marijuana weeks, if not months, before the fight. Because marijuana is one of those substances which has such a long detection window, longer than almost any other drug that we know, and because it’s water soluble and it has the capacity to just stay in your fat tissues, there’s no rational basis to prohibit somebody, especially in this case, when you legally consume it weeks before the fight. And it has no effect whatsoever on that athlete’s performance, and it’s not considered a prohibited substance. And, so, that was the basis of our response to the Nevada athletic commission.” I now know more about Marijuana than I did before I started writing this article, and that means that today is not a total waste.  Unfortunately, Marijuana is still illegal in a majority of the country, and my souvenir medical marijuana license from California is about as useful to me as an all expense paid trip to Kabul, Afghanistan.  I’m sure it’s nice this time of year, but I’d rather be in California picking Ross Goodman’s brain about making it illegal to wear sunglasses indoors. [Source]

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When it was revealed that Nick Diaz planned to appeal his marijuana suspension, a lot of people wondered what the point was. Not only were his chances of winning slim to none, wasn't he also retiring or something? Well, now I'm starting to get excited. Because if Nick's lawyer Ross Goodman is half as slick in real life as he appears to be on the internet, then Diaz might be instrumental in overturning the stupid way pot is dealt with by athletic bodies around the world.  That may be a kumbaya pie in the sky justice prevails way of looking at things, but check out some Goodman quotes from Sherdog's Rewind radio show and tell me this guy doesn't have some good arguments: The psychological and physiological effects of marijuana last upwards of six hours, but if you test within 24 hours or 48 hours, it can still show for the active ingredient of THC (formal name is delta 9-tetrahydrocannabinol) and that’s what sports agencies and regulatory commissions prohibit -- marijuana “in-competition.” So a post-fight urine test could show for marijuana, the active ingredient, if you smoke it 24 hours before the fight....So that’s an important distinction that I think everybody has to make, and, again, Nick Diaz didn’t test for marijuana, only marijuana metabolite and marijuana metabolite itself, it’s not prohibited, both in Nevada and by the world Anti-Doping Agency, which is the international organization that monitors and regulates sports competitions. Nick Diaz did not violate any rule by having an inactive metabolite in his post-fight urine test. He's also got answers in his back pocket for the 'Nick Diaz lied on his commission paperwork' accusation:(the rest after the jump)  read more

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Nick Diaz, the controversial UFC Welterweight and former Strikeforce ww champ, has been suspended by the Nevada State Athletic Commission since failing a post-fight drug test after losing an interim title bout to Carlos Condit at UFC 143. Diaz will appeal his suspension next month and has retained Las Vegas lawyer Ross C. Goodman to represent him. Goodman spoke to Sherdog in advance of the hearing. The thrust of the case appears to be whether or not Diaz was under the influence during the fight or not. The metabolites that were found in his urine at the post-fight drug test do not indicate intoxication, merely use at some point in the recent past. More On Nick Diaz Lawyer: Nick Diaz Didn't Lie About Marijuana 'Prescription' | In Defense of Diaz's Weed Habit | Diaz Is to Blame, But So Are Meaningless Marijuana Tests | Diaz Should Be Released By The UFC |Diaz' Drug Test Failure Was Inevitable |White: 'I Am Beyond Disappointed' | Fighters React to Diaz's Positive Drug Test | Nick Diaz Tests Positive For Marijuana | Diaz: 'I'm Outta This S**t', Retires From MMA Goodman addresses this point: In this case, Nick Diaz tested for the presence of its metabolite, called "THC carboxylic acid," which is an inactive ingredient of marijuana metabolite, which can stay in your system stored in your fat tissues for weeks, up to months, after use of marijuana. Most people understand that [the] psychological effects of marijuana after smoking it wear off within two to six hours. That is what the commission, the regulatory agencies, are concerned about because you don't want somebody fighting under the influence or impaired by a psychoactive substance. Once that active ingredient wears off within two to six hours of use, then all that's left are the residual metabolites from the metabolism of the marijuana stored in somebody's fat tissues, which is not a controlled substance, which is not psychoactive, which is simply an inactive metabolite which has no impact on an athlete. In anticipation of this argument from Diaz, the NSAC has lately been more focused on the issue of Diaz not applying for a Therapeutic Use Exemption or listing his medical marijuana prescription on his pre-fight forms. Goodman has an answer for this argument as well: Yeah, but Nick Diaz wasn't using it in-competition, so it's completely inapplicable here. What you're talking about are prescribed medications that an individual needs to continuously use and therefore uses during competition. Nick Diaz has a general practice of discontinuing marijuana use eight days before a fight, so he wasn't under the influence and he wasn't consuming an illegal substance -- whether you want to call it prescription medication or medical marijuana -- in-competition. So there was no need for him to seek a therapeutic use exemption. And again, that's why Nevada and the World Anti-Doping Agency say, "We don't care about your marijuana use before the fight. We only care about it in-competition." And Nick doesn't use it in-competition. It would be foolish for him to use it in-competition. It's good to see that Diaz will have legal representation at his hearing, whether or not Goodman can persuade the commission to lift the suspension early is a different matter.

Posted in: diaz, nick, test, marijuana, use

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Ross Goodman, attorney for Ultimate Fighting Championship (UFC) welterweight Nick Diaz, is taking the Nevada State Athletic Commission (NSAC) to task for trying to "knock" his client prior to their upcoming disciplinary hearing. Diaz tested positive for marijuana metabolites following his five round unanimous decision loss to Carlos Condit at UFC 143, which was held on Feb. 4, 2012 at the Mandalay Bay Events Center in Las Vegas, Nevada. The NSAC is claiming Diaz lied on his pre-fight questionnaire (click here to see a copy), by checking "no" on a box asking if he took or received any prescription medication two weeks prior to weighing in. The presence of marijuana metabolites would argue otherwise, but technically, the former Strikeforce Welterweight Champion was telling the truth. Diaz has a prescription for medical marijuana after being diagnosed with Attention Deficit Hyperactivity Disorder (ADHD), which is legal in both Nevada and his home state of California. But since a doctor is unable to legally prescribe pot, the line of questioning could be subject to interpretation. And as Goodman argues (via Sherdog.com), that's the commission's fault, not his client's: "The point is that he’s not being untruthful about it; he’s not lying about it. But if it is a concern, then the athletic commission needs to be more progressive and modify the rules, instead of, after the fact, trying to find something to blame Nick Diaz on because they have a losing argument right now. Why don’t you be proactive? Why don’t you be responsible and why don’t you write questions that are reasonable and clear for somebody to understand and say, 'Have you taken medical marijuana in the last two weeks? Have you done this? Have you done that?' Instead of, after the fact, try and suggest that he was untruthful because he didn’t identify with prescription medication as a form of medical marijuana? ... The burden is on the state, the regulatory agency. The commission’s trying to find whatever they can to knock Nick Diaz, but Nick is just a fighter. It’s up to them to craft better questions on their pre-fight questionnaire; it’s up to them to do better testing if that’s what they want to do. Nick’s not responsible for any of this. If they want to be more accurate, if they want to have better pre-fight questionnaires, then it’s up to the athletic commission, the governing body, to do it, not a fighter." Goodman also contends that his client's drug use should be considered "out of competition" as it was stopped eight days before for the fight and that marijuana metabolites do not qualify as "drugs of abuse" -- nor are they listed as a prohibited substance. No date has been determined for Diaz's upcoming disciplinary hearing but he's currently enjoying a self-imposed retirement, one his brother Nate expects to last indefinitely. We'll see if the results of his hearing have any influence on that decision. Stay tuned. For more background on Diaz and his UFC 143 drug test click here. To read Goodman's response to the Nevada State Athletic Commission (NSAC) in its entirety click here.

Posted in: diaz, nick, commission, marijuana, goodman

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Cesar Gracie, coach, mentor and trainer to controversial UFC welterweight Nick Diaz has a rare degree of insight into the mind of his mercurial student. Gracie has been in Diaz' corner since before the beginning of Diaz' pro career, training him in jiu-jitsu and managing his career. Diaz vowed to retire after his controversial loss to Carlos Condit at UFC 143 in a UFC interim Welterweight title bout. Then the Nevada State Athletic Commission announced that Diaz had failed his post-fight drug test, coming up positive for marijuana, his second pot test failure in Nevada. More On Nick Diaz Lawyer: Nick Diaz Didn't Lie About Marijuana 'Prescription' | In Defense of Diaz's Weed Habit | Diaz Is to Blame, But So Are Meaningless Marijuana Tests | Diaz Should Be Released By The UFC | Diaz' Drug Test Failure Was Inevitable |White: 'I Am Beyond Disappointed' | Fighters React to Diaz's Positive Drug Test | Nick Diaz Tests Positive For Marijuana | Diaz: 'I'm Outta This S**t', Retires From MMA Gracie spoke to Sherdog about Diaz, the NSAC and medical marijuana: "It might be a good thing because will they make the Nevada State Athletic Commission explain themselves? ... Marijuana's like alcohol. You can't be drunk for your fight and you can't be high on marijuana for your fight. But they don't test to see if you, a month before, if you drank alcohol. Oh my God, we're going to have to fine you because you drank alcohol a month before your fight or eight days or two weeks or whatever they want to say. You can get drunk the night before your fight. You just can't get drunk the day of your fight. "Their testing policy does not make sense, not only to the layman like you and me but also to the World Anti-Doping Agency. They don't test the way that [the NSAC does]. They don't do the metabolites, I think it's called. That just shows if you had weed in your fat cells that was stored there up to 45 days before your fight. It doesn't make sense...."He's sick of the politics, the whole marijuana thing, the judges ... . It's kind of a weird thing, but let's face it: I'm not going to let that guy quit. I just don't see that happening. He's too good and he's too important in this sport, I think. If it's up to me, there's no way that's going to happen." More SBN coverage of UFC 143

Posted in: ufc, fight, diaz, test, marijuana

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Nick Diaz hasn’t even been given a date to appear in front of the Nevada State Athletic Commission to appeal his allegedly positive marijuana test from UFC 143 yet and already his case has turned into a fight. Having hired famed Las Vegas attorney Ross Goodman, Diaz will be challenging the test results, as he only registered positive for marijuana metabolites as opposed to marijuana’s active chemical component Delta-tetrahydracannabinol-9 and did not technically violate any WADA (World Anti-Doping Agency) regulations. After Diaz’s camp announced their defense, the Nevada Attorney General’s office released a statement when pressed for comment in which they stuck to the original claim that marijuana metabolites still violate WADA laws and also asserted that Diaz “lied to the Commission on his Pre-Fight Questionnaire when he swore that he had not used any prescribed medications in two weeks before the fight.” That last part is what prompted response from Goodman, who told Yahoo! Sports’ Kevin Iole that Diaz did not lie on the application, but answered in accordance to the Nevada law on medicinal marijuana, of which he supplied a copy. By Nevada law, marijuana is not considered a prescription drug since it is still a controlled substance. “Nowhere in there does it say that the attending physician is prescribing marijuana,” Goodman said. “And so, for obvious reasons, before you speak and call someone a liar, you think you’d do a little bit of due diligence and understand what the Nevada law actually says. “It’s not like you walk into the pharmacy and start looking around on the shelves and hope to pick up a bag of marijuana,” he continued. “That’s ridiculous. No reasonable person would believe that medical marijuana falls under the category of over the counter medications.” Diaz tested positive for marijuana metabolites after losing a controversial split decision to Carlos Condit at UFC 143 in an interim welterweight title fight. UFC 143 went down on February 4 at the Mandalay Bay Events Center in Las Vegas, Nevada.

Posted in: diaz, marijuana, law, nevada, marijuana metabolites

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After Nick Diaz's lawyers put forward the defense that marijuana metabolines != marijuana and Diaz is technically allowed to smoke out of competition, the NSAC responded with "Nick Diaz is a liar because he didn't include pot on his pre-fight paperwork." Neener neener try and get around that, Mr Slick Pants Lawyer guy! "In order for you to have a false official statement, it has to be sworn to," Goodman said. "It has to be under oath. If you found something contradictory in an affidavit that is sworn to under penalties of perjury, then that's where you really have a claim of false official statement. Here, you have none of that. You have a one-page, pre-printed questionnaire that was simply signed. There was no witness to attest to it, it wasn't done under penalty of perjury, (and) it wasn't sworn to." Yeeeeeaaaaaah. I don't know about that one, guy. "The second issue, which is really the main issue, is that he was truthful in responding to that question. He didn't take prescription medications in the last two weeks (prior to the fight)."A key point of contention, he said, is the attorney general's implication that Diaz has a prescription for medical marijuana."The way that you become a medical marijuana patient is ... that you have a doctor," Goodman said. "A doctor doesn't prescribe to you marijuana. A doctor recommends that that would be an approved use for whatever diagnosis somebody has. In [Diaz's] case, [attention deficit hyperactivity disorder]. So nowhere is there an actual prescription for marijuana. It would be illegal for any doctor to prescribe marijuana." That one sounds kinda crazy too, but it's apparently true: "Since marijuana is classified as a Schedule I drug by the federal government, it cannot legally prescribed by a physician nor dispensed by a pharmacy. However, physicians can recommend the use of medical marijuana for their patients and those that have received such a recommendation can legally use marijuana in accordance with certain laws." So once again, Nick Diaz's lawyer has just jumped through another NSAC flaming hoop like Evel Knievel on a motorcycle made out of technicalities, throwing double birds and screaming "DON'T BE SCARED OF MARIJUANA, HOMEY!"

Posted in: diaz, nick, marijuana, official statement, lawyer

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I get the feeling that Ross Goodman, attorney for Ultimate Fighting Championship (UFC) welterweight Nick Diaz, won't be touching gloves with the Nevada State Athletic Commission (NSAC) when they face off at his client's upcoming disciplinary hearing. That's because the Las Vegas lawyer is fuming over the commission's accusation that Diaz lied on his pre-fight questionnaire, where he swore that he hadn't used any prescribed medications in the two weeks before his bout against Carlos Condit at UFC 143, which was held on Feb. 4, 2012, at "Sin City's" Mandalay Bay Events Center. Diaz tested positive for "marijuana metabolites" following his five round unanimous decision loss to "The Natural Born Killer," prompting his legal counsel to challenge not the results of the test, but how they are applicable (from a legal perspective) to his client's most recent appearance inside the Octagon. Goodman argues that a mandatory suspension is unwarranted because marijuana metabolites are not a prohibited substance according to the list used by the NSAC, which is adopted from the World Anti-Doping Agency. Diaz has a prescription for medical marijuana after being diagnosed with Attention Deficit Hyperactivity Disorder (ADHD), which is legal in both Nevada and his home state of California. So why all the hubbub then? The athletic commission is claiming Diaz lied on his pre-fight questionnaire (click here to see a copy), by checking "no" on a box asking if he took or received any prescription medication two weeks prior to weighing in. The presence of marijuana metabolites would argue otherwise, but technically, Diaz was telling the truth. Goodman explains to Kevin Iole at Yahoo! Sports: "Nowhere in there does it say that the attending physician is prescribing marijuana. And so, for obvious reasons, before you speak and call someone a liar, you think you'd do a little bit of due diligence and understand what the Nevada law actually says. Nick has a prescription for marijuana in California. He has had a prescription for the last couple years, so it's a legal drug for him. He has the prescription for ADHD [Attention-Deficit Hyperactivity Disorder], and he says it helps him. It's not like you walk into the pharmacy and start looking around on the shelves and hope to pick up a bag of marijuana. That's ridiculous. No reasonable person would believe that medical marijuana falls under the category of over the counter medications." Goodman also contends that his client's drug use should be considered "out of competition" as it was stopped eight days before for the fight and that marijuana metabolites do not qualify as "drugs of abuse" -- nor are they listed as a prohibited substance. In layman's terms, this thing is a mess. No date has been determined for Diaz's upcoming disciplinary hearing but he's currently enjoying a self-imposed retirement, one his brother Nate expects to last indefinitely. We'll see if the results of his hearing have any influence on that decision. Stay tuned. For more background on Diaz and his UFC 143 drug test click here. To read Goodman's response to the Nevada State Athletic Commission (NSAC) in its entirety click here.

Posted in: diaz, marijuana, marijuana metabolites, prescription, goodman

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The saga continues. Earlier in the week, a lawyer representing Nick Diaz issued a formal challenge to the marijuana suspension handed down to Diaz by the Nevada State Athletic Commission. A NSAC representative immediately responded, branding Diaz a "liar" based on his answers on a UFC 143 pre-fight questionnaire. The main bone of contention was the 11th question, which asked if Diaz had "taken/received any prescribed medication in the last 2 weeks". Diaz answered no. This contradicted the lawyer's challenge, which stated that Nick had stopped his marijuana consumption eight days before the fight. There's one major sticking point to this though: Did Nick Diaz actually have a prescription for marijuana from a California physician?The lawyer, Ross Goodman, responded to the NSAC accusation in a conversation with MMA Junkie late last night, and said that Nick's medical marijuana card doesn't constitute a prescription. This apparently means Nick didn't lie on the form. Here's what he said: "The way that you become a medical marijuana patient is ... that you have a doctor," Goodman said. "A doctor doesn't prescribe to you marijuana. A doctor recommends that that would be an approved use for whatever diagnosis somebody has. In [Diaz's] case, [attention deficit hyperactivity disorder]. So nowhere is there an actual prescription for marijuana. It would be illegal for any doctor to prescribe marijuana." Diaz submitted an affidavit (Exhibit A) with the original challenge that stated the following: "I have been diagnosed with Attention Deficit Hyperactivity Disorder ("ADHD"). My physician, Robert E. Sullivan, approved the use of marijuana to treat ADHD." So, no one actually said that Nick was "prescribed" the marijuana by the doctor, right?. So far so good for that defense. Well, until you look a little closer and see the affidavit submitted in the original challenge by the doctor, John Hiatt, who is Goodman's medical expert in regards to the effects of marijuana. Point 11 of his statement says the following: "If an individual has a valid medical prescription for marijuana in some form, then in view of all the uncertainties associated with interpreting the meaning of the presence of THC metabolite in urine, it is not reasonable to reach any conclusion in regard to a persons ability to compete in an athletic contest." But he didn't have a valid prescription according to Goodman, so I guess that argument is out the window. In addition to that, Junkie points out another prescription reference made by Goodman in the challenge, and references Cesar Gracie's comments on the issue: Yet in his challenge to the NSAC, Goodman cites a statute originally intended to address driving that defines a prohibited substance as any for which a person doesn't have a "valid prescription." And in previous interviews, Diaz's manager, Cesar Gracie, has said Diaz carries a prescription for medical pot. So no one is on record saying that Nick specifically had a prescription (other than Cesar), but multiple statements in the challenge make reference to the need for one. Muddied waters. After the jump you can see how Nick's lawyer responded to this, and read what Keith Kizer had to say regarding Nick's test. Goodman's response? NSAC isn't addressing the real issues, apparently: "So what are we talking about? I don't think the Nevada State Athletic Commission knows how to address that issue now because we brought the actual rules to light. So now I think that they're first reaction was, 'Well, shoot, we do have some potential issues,' so what else can we say was wrong here? Oh, there was a pre-fight medical questionnaire that's asking for prescription medication? That was untruthful.' "Maybe instead of attacking him and blaming him for something that's completely ridiculous, they should have a special category (on the questionnaire) that says, 'Are you a medical-marijuana patient?'" In the article, Keith Kizer also confirms the actual ng/ml numbers from the first test: The levels of all marijuana metabolties in Diaz's system were above an acceptable limit of 50 nanograms on his first test, according to NSAC Executive Director Keith Kizer, and 10 nanograms above an acceptable limit of 15 nanograms of the carboxylic acid metabolite on the second test. There're a lot more to it, and this is all very convoluted and complicated. I'd recommend reading the whole Junkie article to get the full picture. And if you'd like more information about California's rules regarding medical marijuana, here's what Prop 215 has to say on the issue. I think it's pretty obvious that we're going to be hearing about this a lot more over the next few months though.

Posted in: diaz, nick, marijuana, prescription, goodman

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Posted in: ufc, nick, challenge, marijuana, rx

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Nick Diaz’s attorney, Ross Goodman, didn’t take too kindly to the NSAC calling his client a liar yesterday. Speaking to MMA Junkie, Goodman refuted that Diaz “lied” about not taking any medical prescriptions two weeks prior to the Carlos Condit fight on his UFC 143 pre-fight questionnaire. He claims Diaz never lied because he wasn’t making an official sworn statement on that document and moreover, medical marijuana is not actually “prescribed” by a doctor like other medications are despite the fact that Diaz’s manager Cesar Gracie has said Diaz has a prescription for medical marijuana. “In order for you to have a false official statement, it has to be sworn to,” Goodman said. “It has to be under oath. If you found something contradictory in an affidavit that is sworn to under penalties of perjury, then that’s where you really have a claim of false official statement. Here, you have none of that. You have a one-page, pre-printed questionnaire that was simply signed. There was no witness to attest to it, it wasn’t done under penalty of perjury, (and) it wasn’t sworn to. “The second issue, which is really the main issue, is that he was truthful in responding to that question. He didn’t take prescription medications in the last two weeks (prior to the fight).” “The way that you become a medical marijuana patient is … that you have a doctor,” Goodman said. “A doctor doesn’t prescribe to you marijuana. A doctor recommends that that would be an approved use for whatever diagnosis somebody has. In [Diaz's] case, [attention deficit hyperactivity disorder]. So nowhere is there an actual prescription for marijuana. It would be illegal for any doctor to prescribe marijuana.” So basically we’re talking technicalities at this point and it only got more confusing as Keith Kizer and Goodman argued about whether or not it’s a safety issue further down in the story. Regarding the NSAC’s official response from yesterday though, Goodman believes the NSAC can’t refute his point about marijuana metabolites not being a banned substance, and therefore they’re merely just trying to attack Diaz from another angle. “So what are we talking about? I don’t think the Nevada State Athletic Commission knows how to address that issue now because we brought the actual rules to light. So now I think that they’re first reaction was, ‘Well, shoot, we do have some potential issues,’ so what else can we say was wrong here? Oh, there was a pre-fight medical questionnaire that’s asking for prescription medication? That was untruthful.’ “Maybe instead of attacking him and blaming him for something that’s completely ridiculous, they should have a special category (on the questionnaire) that says, ‘Are you a medical-marijuana patient?’” If only it could be that simple. It will be interesting to see how this plays out for Diaz now that his lawyer and the NSAC are essentially engaging in a public pissing match. I don’t know if it was ever their intention from the outset, but putting public pressure on the NSAC like they seem to be now is a risky move that could ultimately backfire on them. Image via Esther Lin for Strikeforce/Showtime

Posted in: diaz, marijuana, nsac, prescription, goodman

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Nick Diaz's disciplinary hearing in front of the Nevada Athletic Commission for allegedly failing a post-fight drug screen after his loss to Carlos Condit on Feb. 4 at the Mandalay Bay Events Center in Las Vegas in the main event of UFC 143 figures to be a doozy. The hearing isn't scheduled yet, though it's expected to be sometime next month. If things remain as contentious as they have been between Diaz attorney Ross Goodman and the commission this week, tickets are going to be harder to come by than those for the Final Four. Goodman has taken an aggressive stance and asserts that Diaz has not tested positive for a banned substance. Goodman argues that Diaz did not test positive for Delta-9-THC, the active ingredient in marijuana, but rather for marijuana metabolites. Those metabolites are an inactive ingredient in marijuana and are not on the World Anti Doping Agency's banned list that Nevada uses, Goodman said. Goodman is clearly going to fight the case bitterly, and on Thursday, he railed against statements made by the public information officer for the Nevada attorney general's office. Yahoo! Sports on Monday and Tuesday reached out to Christopher Eccles, the Nevada deputy attorney general who represents the athletic commission, seeking comment on points Goodman raised. Under a new policy instituted by attorney general Catherine Cortez Masto, however, her deputies are not allowed to speak to the media as they have in the past. As a result, public information officer Jennifer M. Lopez returned the call for Eccles and later released a statement . Via email, Lopez said, "Not only did Nick Diaz violate the law by testing positive for marijuana metabolites, but he also lied to the Commission on his Pre-Fight Questionnaire when he swore that he had not used any prescribed medications in two weeks before the fight." It is unusual for a spokesperson for an attorney general's office to call a person who will soon have a hearing in front of a state regulatory agency a liar. Her statement probably wouldn't have been given much notice, though, had she said Diaz must have been mistaken when he checked no to a question asking if he'd taken any prescription medications in the preceding two weeks prior to the Feb. 3 weigh-in. But saying outright that Diaz lied put Goodman even more in attack mode. He came out swinging on Thursday and insisted that Diaz did not lie when he checked no when he said he had not taken any prescription medications in the preceding two weeks. The Nevada law that deals with medical marijuana doesn't regard it as a prescription drug. No doctor is able to prescribe it because it is a controlled substance. Chapter 453A.210 of the Nevada Revised Statutes lays out the requirements to obtain a registry card for medical marijuana. To get the card, patients must comply with the following regulations: (1) The person has been diagnosed with a chronic or debilitating medical condition; (2) The medical use of marijuana may mitigate the symptoms or effects of that condition; and (3) The attending physician has explained the possible risks and benefits of the medical use of marijuana; (b) The name, address, telephone number, social security number and date of birth of the person; (c) Proof satisfactory to the Division that the person is a resident of this State; (d) The name, address and telephone number of the person's attending physician; and (e) If the person elects to designate a primary caregiver at the time of application: (1) The name, address, telephone number and social security number of the designated primary caregiver; and (2) A written, signed statement from the person's attending physician in which the attending physician approves of the designation of the primary caregiver. "Nowhere in there does it say that the attending physician is prescribing marijuana," Goodman said. "And so, for obvious reasons, before you speak and call someone a liar, you think you'd do a little bit of due diligence and understand what the Nevada law actually says." Diaz manager Cesar Gracie said in a 2009 interview with MMA Fighting that "Nick has a prescription for marijuana in California. He has had a prescription for the last couple years, so it's a legal drug for him. He has the prescription for ADHD [Attention-Deficit Hyperactivity Disorder], and he says it helps him." But Goodman it is all irrelevant. He said no reasonable person regards marijuana as either a prescription drug or an over the counter medication. Diaz having a prescription The commission may point to the following question on the form Diaz filled out, which asks "Have you taken/received any over the counter medication/products in the last two weeks?" "It's not like you walk into the pharmacy and start looking around on the shelves and hope to pick up a bag of marijuana," Goodman said. "That's ridiculous. No reasonable person would believe that medical marijuana falls under the category of over the counter medications." Curiously, though, in his response to the commission, Goodman himself made a big deal about a prescription. He referenced NRS 484C.210 , which deals with prohibited substances. Goodman bolded a section which reads "if the person who uses the substance has not been issued a valid prescription ... " Diaz may ultimately be forced to accept a lengthy suspension. He was suspended for six months in Nevada in 2007 for failing a marijuana test. On Jan. 31, boxer Matt Vanda had a hearing after testing positive for a second time. Vanda was suspended for a year and fined 40 percent of his purse. If Diaz goes down, though, he's not going to make it simple on the commission. This isn't going to be a case where the fighter hangs his or her head, is lectured to by the commissioners and then apologizes profusely and meekly accepts the punishment issued. Goodman will make certain of that.

Posted in: diaz, marijuana, person, prescription, goodman

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Recently a lawyer for former Strikeforce welterweight champion Nick Diaz outlined his strategy for getting his client’s suspension ended. Lawyer Ross Goodman outlined a defense based on the technicality that the marijuana metabolites his client tested positive for are not explicitly named as banned substances. The creative defense may not matter however, as Diaz did not list his prescription on his pre-fight medical questionnaire according to a statement from NSAC to Yahoo Sports. This is a key element in the case since Diaz has admitted to being prescribed marijuana for attention deficit hyperactivity disorder and admitted use within the two-week period the questionnaire asks about. Goodman planned to argue that Diaz was not guilty of any wrong-doing due to the specific marijuana metabolites Diaz tested positive for not being explicitly named on the list of banned substances. The argument was a long shot due to a few factors including: a) despite the marijuana metabolites not being listed as illegal, if they are not approved they still fall under the non-approved substances section of the WADA code b) despite being given a prescription for marijuana in California, Diaz failed to list it on his pre-fight medicals and also he failed to register for a therapeutic use exemption c) the failure to list prescribed marijuana on his pre-fight medicals would still be a penalty d) Diaz is previous offender. Diaz is expected to appeal the test in April if neither side files for an extension.

Posted in: diaz, list, marijuana, marijuana metabolites, prefight medicals

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Nick Diaz and his attorney showed their hand yesterday. Today, the NSAC showed theirs. Despite having what sounds like a pretty strong argument, it looks like Diaz’s lawyer, Ross Goodman, is going to face a little resistance from the commission when he gets the opportunity to plead Diaz’s case. The NSAC has heard their response and they don’t seem too impressed. None of the actual commissioners have spoken on the record yet, however NSAC public information officer Jennifer M. Lopez relayed their stance to Yahoo! Sports’ Kevin Iole. Christopher Eccles, a Nevada deputy attorney general who represents the state athletic commission, referred telephone calls and email messages to public information officer Jennifer M. Lopez. In a written statement, Lopez said, “Not only did Nick Diaz violate the law by testing positive for marijuana metabolites, but he also lied to the Commission on his Pre-Fight Questionnaire when he swore that he had not used any prescribed medications in two weeks before the fight.” To clarify the last part, Goodman claims that Diaz stopped smoking his medically prescribed marijuana eight days prior to the fight, however since Nick checked “no” on the Pre-Fight Questionnaire next to the question that asked whether he had used any prescribed medications two weeks prior to the fight, the NSAC contends that Diaz “lied” or didn’t disclose his medical marijuana use. Goodman still believes they have a strong case, however it remains to be seen if he’ll be able to convince the commissioners of that. Regardless, Goodman believes a little common sense tells you that Diaz didn’t actually do anything wrong. “WADA prohibits marijuana in-competition because they don’t want people fighting, or doing [expletive] under the influence of marijuana,” Goodman said. “Nobody can say – not the athletic commissioner, not [executive director] Keith [Kizer] – nobody can say Nick was impaired or under the influence of marijuana. Nobody. “So let’s just talk street. Let’s just talk common sense here. Why do you want to punish him, basically for a metabolite that resulted from legal use eight days before the fight? Why? What did it do that you guys [the commission] are so concerned about, because contrary to what Keith is saying, we know it didn’t create a safety issue because everybody knows … that it’s out of your system in a couple of hours.” That’s really what’s so frustrating about this. If Nick wasn’t high during the fight, then what difference does it make? Image via Esther Lin for MMA Fighting

Posted in: diaz, nick, marijuana, nsac, goodman

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Nick Diaz fans were given hope yesterday that the star fighter could perhaps avoid suspension for testing positive for marijuana metabolites following his unanimous decision loss to Carlos Condit UFC 143 last month in their interim Welterweight championship bout. That hope stemmed from the release of a report revealing the defense strategy the Diaz camp plans to use when the Stockton, Calif.,-based fighter appears before the Nevada State Athletic Commission (NSAC) next month to address the failed test, which "came as a surprise" for the medical marijuana card-carrying member. Essentially, Diaz's lawyer, Ross Goodman, is going to argue that marijuana metabolites are not included on the list of prohibited substances (for those interested in the full legal document click here). Well, that hope was pretty short lived, as today the NSAC responded to Goodman's assertions and then some, releasing the following statement (the bold print is my emphasis): Not only did Nick Diaz violate the law by testing positive for marijuana metabolites, but he also lied to the Commission on his Pre-Fight Questionnaire when he swore that he had not used any prescribed medications in two weeks before the fight. The pre-fight questionnaire can be found here (both the NSAC statement and questionnaire are courtesy of Yahoo sports). You'll notice that it has several queries that relate to the physical health of the competitor, including whether or not the he has suffered any broken bones or other injuries in the past six months and if he has used prescribed- or over-the-counter medications in the past two weeks. And this is where the problem seemingly lies for Diaz. Diaz indicated that he had not used any such medication on the questionnaire. Meanwhile, Goodman and his defense team included a pair of affidavits in their report, one from Nick and one from John Hiatt, an organic chemist with a Ph.D from Yale who moonlights for Quest diagnostics, one of the leading diagnostic testing facilities in the world. His affidavit states that he has a medical condition (ADHD), he has been prescribed medical marijuana to treat this medical condition and that he ceased using this medication eight days before his fight. Hiatt's affidavit essentially states that the level of metabolites found in Nick's system was consistent with someone who had ceased using marijuana eight days prior to the test. (These affidavits are included in the full report that Goodman released yesterday). So not only does the NSAC consider marijuana metabolites to indeed be against the law, it has also jumped on the fact that Diaz hid his use of marijuana from it on the pre-fight questionnaire. Now, I'm not a lawyer, but it seems that you aren't going to look very good when you come out guns blazing, only to find that one of your claims is in direct contradiction with something your client has already told the other side. Stay tuned ... this is far from from over.

Posted in: diaz, marijuana, nsac, marijuana metabolites, questionnaire

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He has a medical marijuana card and says he last smoked eight days before the bout, which wouldn't be a violation.

Posted in: champion, marijuana, wouldnt, marijuana card, violation

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Aside from the controversial decision, the biggest story coming out of UFC 143 was Nick Diaz's failed drug test following the loss to Carlos Condit in their Interim title bout. For the second time in his career, Diaz tested positive for marijuana. The World Anti-Doping Agency (WADA) prohibits marijuana for "in competition use." Today, Ross Goodman, Diaz's lawyer, spoke with ESPN.com concerning some details of the case and how he intends to defend his client. The crux of Goodman's proposed defense is whether or not marijuana metabolites (the substance actually found in Diaz's system) even qualify as testing positive for marijuana. The basis to discipline Mr. Diaz is that he tested positive for a prohibited substance. We know he didn't test positive for marijuana. So, you look to see at WADA whether marijuana metabolites are prohibited. They do not prohibit it in any category. What Diaz tested positive for was THC-Carboxylic Acid, an inactive marijuana metabolite. Brett Okomato paraphrases why this is relevant to Diaz's case from the challenge submitted by Goodman: The filed document also points to the "long detection window" of marijuana in one's system as a potential reason why WADA does not include metabolites on its banned substance list. Diaz's legal team argues that since marijuana is not prohibited to athletes out-of-competition per commission standards, it would be unreasonable for its banned substance list to contain marijuana metabolites. Aside from what the final outcome of Diaz's appeal, the decision to file the appeal opens up another very important question: Why would Diaz take the time to appeal if he intends to retire as stated in his UFC 143 post-fight speech?

Posted in: diaz, marijuana, substance, marijuana metabolites, metabolite

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I'm not exactly sure why Nick Diaz is spending money on a lawyer to fight his marijuana suspension if he's decided he's retiring from fighting. But he is, and the lawyer sounds like he's worth every penny he's being paid. Here's the defense they've just put forward to the Nevada State Athletic Commission: "Marijuana is the only substance that is prohibited; not marijuana metabolites," Goodman told ESPN.com."The basis to discipline Mr. Diaz is that he tested positive for a prohibited substance. We know he didn't test positive for marijuana. So, you look to see at WADA whether marijuana metabolites are prohibited. They do not prohibit it in any category."In a sworn affidavit submitted with the response, Diaz stated he has been diagnosed with Attention Deficit Hyperactivity Disorder for which he was prescribed medical marijuana by his physician, Robert E. Sullivan. Medical marijuana is legal in both Nevada and California, where Diaz resides.Diaz and his camp have said the fighter suspends his use of marijuana eight days prior to a contest. Under the statues set forth by the NSAC, athletes are not punished for using marijuana out-of-competition.According to Goodman, the substance Diaz tested positive for was THC-Carboxylic Acid, an inactive marijuana metabolite. NSAC executive director Keith Kizer was unavailable to comment on that claim Monday.The response filed to the commission, therefore, challenges that Diaz merely tested positive for an inactive metabolite, which is not listed as a prohibited substance."You have to test positive for marijuana, as opposed to this inactive ingredient Nick did," Goodman said."If there's nothing in the rules prohibiting marijuana metabolites, why are we here?" This might just be some fancy lawyer wordplay going on right here. There's a huge list of performance enhancing and banned substances which are only detectable because of various metabolites found in an athlete's system after the fact. The metabolite isn't always the banned substance, it's often just the indicator that a banned substance was taken.That doesn't mean Nick's lawyer's defense doesn't make a lot of sense. Between an official declaration that 'out of competition' use is allowed and the fact that Diaz has a legit script for usage, it seems to me like the guy should be cut some slack. But the NSAC runs off rulebooks and even the most obvious solutions to issues are often ignored because they don't fit into the existing guidelines and framework of the commission. Don't be surprised if the commission says "Yeah, you've made a good point, one that we'll revisit during a 2014 rules meeting. For now though, your THC concentration level was above 50 so you're still suspended."

Posted in: diaz, marijuana, substance, metabolite, lawyer

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It’s been awhile since fans have gotten an update regarding UFC welterweight Nick Diaz’s status pertaining to a failed drug test in Nevada possibly resulting in disciplinary action against the polarizing pugilist. As many know, shortly after losing a closely contested decision to Carlos Condit it was revealed Diaz’s sample had shown “marijuana metabolites” in his system indicating he’d smoked pot leading up to the bout. While Diaz has never hidden his use of cannabis, he typically tests clean by abstaining from it for the final period leading up to a bout. However, according to a statement Diaz’s lawyer submitted to the Nevada State Athletic Commission, the 28-year old may not even need to go that far based on the way the NSAC policy is written. ‘Nick Diaz is an authorized medical marijuana patient,” began Ross Goodman in the document (per MMAWeekly). “As such, he did not test positive for marijuana (which is viewed as a prohibited substance if used without a medical marijuana license). Rather, Mr. Diaz tested for the presence of the inactive metabolite of marijuana known as THC-Carboxylic Acid. Under Nevada law and in Mr. Diaz’s home state of California, however, neither marijuana nor marijuana metabolite is considered a prohibited substance for users of medical marijuana.” “Marijuana consumption (done) ‘out of competition’ and marijuana metabolites in general, such as the detection of Carboxylic Acid in Mr. Diaz’s post fight urine test, do not violate the policy prohibiting substances that are considered performance enhancing or potentially dangerous,” Goodman continued, making a convincing case against the notion of Diaz being disciplined under the current circumstances. Up next, Diaz’s camp will have to wait while the NSAC reviews the six-page submission with a meeting to address the matter possibly taking place in April. PHOTO CREDIT – UFC

Posted in: diaz, test, marijuana, metabolite, nsac policy

Read the full article at Five Ounces of Pain

Nick Diaz was famously suspended for elevated marijuana metabolites following his UFC 143 loss to Carlos Condit, and is facing a one year suspension as a repeat offender in Nevada. Nick's lawyer Ross Goodman talked to ESPN about the defense, which is strikingly similar to what Vancouver Athletic Commission chief Jonathan Tweedale posted on BE a few weeks ago. Here's what Goodman had to say: "Marijuana is the only substance that is prohibited; not marijuana metabolites," Goodman told ESPN.com. "The basis to discipline Mr. Diaz is that he tested positive for a prohibited substance. We know he didn't test positive for marijuana. So, you look to see at WADA whether marijuana metabolites are prohibited. They do not prohibit it in any category." According to the affidavit submitted with the response, Nick was prescribed medical marijuana by his physician for his ADHD, and that he stops using the substance eight days before fights. They (his defense team) consider that "out of competition" and not subject to punishment: According to Goodman, the substance Diaz tested positive for was THC-Carboxylic Acid, an inactive marijuana metabolite. NSAC executive director Keith Kizer was unavailable to comment on that claim Monday. The response filed to the commission, therefore, challenges that Diaz merely tested positive for an inactive metabolite, which is not listed as a prohibited substance. "You have to test positive for marijuana, as opposed to this inactive ingredient Nick did," Goodman said. "If there's nothing in the rules prohibiting marijuana metabolites, why are we here?" One major question that has been asked is - why didn't Nick get a Therapeutic Use Exemption? The lawyer explains that too: Goodman says Diaz did not take that measure because he discontinues use eight days before a contest -- long enough for the effects of the active compound in marijuana, THC, to wear off. The filed document also points to the "long detection window" of marijuana in one's system as a potential reason why WADA does not include metabolites on its banned substance list. Diaz's legal team argues that since marijuana is not prohibited to athletes out-of-competition per commission standards, it would be unreasonable for its banned substance list to contain marijuana metabolites. "Why punish Nick, or anybody else for that matter, for a metabolite?" Goodman said. "We're not talking about a cocaine metabolite. We're not talking about something illegal. We're talking about a metabolite that stays in your system for weeks or months." Diaz was originally scheduled to have a hearing in April, but that could be delayed now because of this filing.

Posted in: diaz, nick, marijuana, substance, metabolite

Read the full article at Bloody Elbow

On February 4, the mercurial Nick Diaz battled Carlos Condit to a controversial unanimous decision defeat in the main event of UFC 143. The loss cost Diaz the interim 170lbs title, as well as a much-desired shot at true UFC welterweight champion Georges St-Pierre. After the fight, Diaz announced his retirement from the sport. He also tested positive for marijuana metabolites with the Nevada State Athletic Commission. NSAC executive director Keith Kizer filed a formal complaint against Diaz for the positive test, which the Stockton native has now challenged. Speaking with ESPN, Diaz’s attorney Ross Goodman made the argument that Diaz did not in fact test positive for a banned substance on the WADA (World Anti-Doping Agency) list. “Marijuana is the only substance that is prohibited; not marijuana metabolites,” Goodman said. “The basis to discipline Mr. Diaz is that he tested positive for a prohibited substance. We know he didn’t test positive for marijuana. So, you look to see at WADA whether marijuana metabolites are prohibited. They do not prohibit it in any category.” Diaz is legally prescribed to use marijuana to treat his ADHD (Attention Deficit Hyperactivity Disorder) in the state of California and tapers usage of the substance just over a week out from his fights. Considering how long inactive marijuana metabolites like THC-Carboxylic Acid — which is what Diaz registered — stay in your system, coupled with the fact that Diaz did not test positive for the active chemical in marijuana, THC, has Goodman thinking his client’s case should be thrown out. “Why punish Nick, or anybody else for that matter, for a metabolite?” asked Goodman. “We’re not talking about a cocaine metabolite. We’re not talking about something illegal. We’re talking about a metabolite that stays in your system for weeks or months.” Diaz has tested positive twice for marijuana in Nevada — where medicinal marijuana is also legal — and could end up with an extended suspension. Fans of the 209 will look at this as a positive sign in that a fighter seeking retirement likely wouldn’t expend the energy to fight a suspension.

Posted in: diaz, marijuana, marijuana metabolites, goodman, metabolite

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Oh, there's another Nick Diaz article on MiddleEasy. Now let's see who the first schmuck will be to complain about it in the comment section. Here's a heads up random person that complains about stuff on MiddleEasy: In reality, we really don't care. Sure you can express your belief, but in the end, it means nothing. You're not making a significant impact on the world. No third-world children will be fed from your actions nor will people be enlightened by your opinion. You're just spreading hate. No one cares about you, regardless of the amount of times you hop from message board to comment section and type your idiotic opinions. Contrary to popular belief, you are a unique snowflake. Unfortunately for those people that have the same IQ as a warm jar of mayonnaise, you are a snowflake that was created from the water droplets that collect around elephant dung. Damn, this article got off to an angry start. Quick, someone give me a Disney film to watch. Sure, I may be pissed off at the majority of the world this morning, but my anger still pales in comparison to the discontent Nick Diaz has for the Nevada State Athletic Commission. They're the same guys that claim marijuana is a performance enhancing drug -- which essentially means all of my old college roommates were genetically reversed-engineered super-human athletes. Now Nick Diaz's lawyer, Ross Goodman, has officially filed a complaint against the NSAC ruling on Nick Diaz testing positive for marijuana on the basis that Nick Diaz is a medical marijuana patient and the presence of marijuana metabolites isn't prohibited under 'out-of-competition' circumstances. Check out the first two pages of the complaint below compliments of MMAFighting.

Posted in: diaz, nick, marijuana, college roommates, water droplets

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Looks like the one year suspension of Ultimate Fighting Championship (UFC) Welterweight Nick Diaz may not be a foregone conclusion after all. Diaz, who dropped a controversial five round unanimous decision to Carlos Condit last month in Las Vegas, flunked his UFC 143: "Diaz vs. Condit" drug test for marijuana metabolites, drawing the ire of promotion president Dana White and earning what at the time was believed to be a mandatory suspension. Not so fast. The former Strikeforce Welterweight Champion hired Ross Goodman from the Las Vegas Goodman Law Group to challenge not the results of the test, but how they are applicable (from a legal perspective) to his client's most recent appearance inside the Octagon. Goodman lays out a surprisingly effective argument (via ESPN.com) after the jump. [The] suspension is unwarranted, according to Diaz's attorney, Ross Goodman, who states that "marijuana metabolites" are not a prohibited substance according to the list used by the NSAC, which is adopted from the World Anti-Doping Agency. "Marijuana is the only substance that is prohibited; not marijuana metabolites," Goodman told ESPN.com. "The basis to discipline Mr. Diaz is that he tested positive for a prohibited substance. We know he didn't test positive for marijuana. So, you look to see at WADA whether marijuana metabolites are prohibited. They do not prohibit it in any category." Diaz and his camp have said the fighter suspends his use of marijuana eight days prior to a contest. Under the statues set forth by the NSAC, athletes are not punished for using marijuana out-of-competition. According to Goodman, the substance Diaz tested positive for was THC-Carboxylic Acid, an inactive marijuana metabolite. NSAC executive director Keith Kizer was unavailable to comment on that claim Monday. The response filed to the commission, therefore, challenges that Diaz merely tested positive for an inactive metabolite, which is not listed as a prohibited substance. "You have to test positive for marijuana, as opposed to this inactive ingredient Nick did," Goodman said. "If there's nothing in the rules prohibiting marijuana metabolites, why are we here?" According to the report, Diaz has a prescription for medical marijuana after being diagnosed with Attention Deficit Hyperactivity Disorder (ADHD), which is legal in both Nevada and his home state of California. Goodman also contests that his client's drug use should be considered "out of competition" as it was stopped eight days before for the fight and that marijuana metabolites do not qualify as "drugs of abuse" -- nor are they listed as a prohibited substance. For more background on Diaz and his UFC 143 drug test click here. To read Goodman's response to the Nevada State Athletic Commission (NSAC) in its entirety click here

Posted in: diaz, marijuana, marijuana metabolites, goodman, metabolite

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Nick Diaz's legal team is taking a page out of the Vancouver athletic commissioner's playbook when it comes to attacking Nick's marijuana suspension.

Posted in: diaz, nick, marijuana, attorney, commissioners playbook

Read the full article at Fight Opinion

Nick Diaz and his attorney have laid their cards on the table. According to multiple reports, Diaz’s lawyer, Ross Goodman, has filed a response with the NSAC challenging any disciplinary action as a result of his positive test for marijuana metabolites at UFC 143. Notice I said marijuana metabolites and not just marijuana though, because that plays a key role in Diaz’s defense. Goodman is arguing that Diaz shouldn’t be suspended because marijuana metabolites isn’t actually on the NSAC’s prohibitive substance list. “Marijuana is the only substance that is prohibited; not marijuana metabolites,” Goodman told ESPN.com. “The basis to discipline Mr. Diaz is that he tested positive for a prohibited substance. We know he didn’t test positive for marijuana. So, you look to see at WADA whether marijuana metabolites are prohibited. They do not prohibit it in any category.” “You have to test positive for marijuana, as opposed to this inactive ingredient Nick did,” Goodman said. “If there’s nothing in the rules prohibiting marijuana metabolites, why are we here?” “Why punish Nick, or anybody else for that matter, for a metabolite?” Goodman said. “We’re not talking about a cocaine metabolite. We’re not talking about something illegal. We’re talking about a metabolite that stays in your system for weeks or months.” Goodman also noted that Diaz stops smoking marijuana eight days prior to his fights to ensure his use falls into the “out-of-competition” category which is not prohibited by the NSAC. It actually does seem like they have a strong defense, certainly stronger than the good ole’ tainted supplement defense everyone and their mother uses when they appeal steroid suspensions. I’m really not sure what the difference between marijuana and marijuana metabolites is, but if they are different and the metabolites are not on the banned substance list, then I’d say they have very valid argument. What kind of response and ruling the commissioners will have though is unpredictable to say the least. Pretty much anything can happen in these hearings, so we’ll have to wait and see what the NSAC has to say about it before jumping to any conclusions. The hearing is still targeted for April but nothing is set in stone yet. The sooner the better though, because if Diaz does get out of this and wants to get back to fighting, there might still be time to book that rematch with Carlos Condit later this summer after all. The full response can be found here.

Posted in: diaz, marijuana, marijuana metabolites, goodman, metabolite

Read the full article at MMA Convert

Nick Diaz is not going down without a fight. Weeks after the Nevada State Athletic Commission announced that Diaz had tested positive for marijuana metabolites following his UFC 143 loss to Carlos Condit in February and was potentially subject to an undetermined punishment, Diaz's lawyer, Ross Goodman of the Las Vegas-based Goodman Law Group, has issued a strong response to the NSAC, which raises some serious questions regarding whether Diaz deserves to be punished at all. In the response, which Goodman has shared with MMAFighting.com and can be found below, he explains that Diaz's medical marijuana use, which he states should be, according to the World Anti-Doping Agency, whose laws have been adopted by the NSAC, considered "out-of-competition" since it ended eight days before the fight, plus the fact that only marijuana metabolites were found in his system, are reasons why Diaz didn't break any of the NSAC's rules. Goodman also states that the "presence of a marijuana metabolite is not a prohibited substance under NAC 487.850 and should not, therefore, serve as a basis for any disciplinary action." According to Goodman, Diaz's hearing in Nevada could happen as soon as April, but no exact date has been finalized just yet. He hopes that this response will allow Diaz, who was suspended for six months and fined by the NSAC for testing positive for marijuana following his PRIDE 33 fight against Takanori Gomi February 2007, to walk away from the situation without any kind of punishment. Read Goodman's entire response here: Nick Diaz Response to NSAC Complaint

Posted in: diaz, marijuana, nsac, response, goodman

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The UFC returned to the state of Michigan for the first time since UFC 9 when UFC 123 was held at the Palace of Auburn Hills on November 20, 2010. The event wasn't without some controversy as the first round of the Gerald Harris vs. Maiquel Falcao bout ended early due to poor time keeping and may have cost Falcao a chance to finish a choke. Now, sixteen months later, another bit of interesting news from that card is bubbling to the surface. In the wake of the news that the Association of Boxing Commission had sent a letter to all its member commissions telling them to no longer license fighters from the state of Michigan and to not recognize fights taking place in the state, Bloody Elbow Radio's Matt Bishop e-mailed me and asked if anyone was aware that Tyson Griffin had tested positive for something following UFC 123. Matt had found the information out while looking at some meeting minutes on the commission's webpage. After searching up and down the internet, I could find no mention of Griffin having tested positive for anything, but the meeting minutes were quite clear (emphasis mine): 2. TYSON LEE GRIFFIN - Complaint No. 316174The Commission reviewed the Stipulation and complaint. The respondent admits to violation of Sections MCL 338.3648(6)(a) and R 339.269(3). The Stipulation, in part, provides for the following:a. At the next unarmed combat or boxing contest Respondent participates in as a contestant, within the State of Michigan, Respondent may be specifically selected for a post-contest urine screening to measure the presence of alcohol or drugs.b. Respondent shall pay a fine in the amount of $250 within 60 days from the mailing date of the Final Order.c. Failure to comply with the terms and conditions within 60 days from the mailing date of the Final Order shall result in a suspension of all licenses or registration renewals and denial of future applications for licensure until compliance is made.d. Respondent license was summarily suspended for at least 100 days.It was moved by Mr. Mueller and supported by Mr. Packer to accept the Stipulation. The motion passed unanimously. With Griffin a recognizable UFC fighter whose bout at 123 was his twelfth on the sport's biggest stage, it simply didn't make sense for this to have been a non-story. The test failure not only wasn't reported by any news website, it didn't appear to be publicly acknowledged by the UFC either. A call to the Michigan Unarmed Combat Commission to determine why this information was never made public as well as to find out exactly what Griffin tested positive for. Carol Moultine of the commission informed me that the state followed their procedures exactly in this case and that if I wanted to know what Tyson tested positive for, I would have to file a Freedom of Information Act request to obtain the file. That's exactly what I did and a week later I received the disciplinary action report for Griffin and found out that he had tested positive for Cannabinoids. A PDF copy of the relevant page of the disciplinary report can be read here. It almost becomes more strange when the test is for marijuana rather than some sort of performance enhancing drug when it comes the UFC not making it public knowledge. Then again, in 2006, Diego Sanchez tested positive for the presence of marijuana following his defeat of Joe Riggs and when the California State Athletic Commission didn't make that news public, the UFC also didn't acknowledge it until the story was picked up by the Orange County Register. Dana White said that he felt Griffin had been screwed in a big way when he lost the UFC 123 fight via split decision to Nik Lentz, but one has to wonder if he had won if the decision would have been changed to a no contest like Nick Diaz's win over Takanori Gomi. And, while Tyson is not a star on the level of Diaz, we've seen the firestorm that accompanies positive tests for marijuana with the Gomi fight and, more recently, the UFC 143 bout with Carlos Condit where Diaz tested positive again. There were already questions surrounding if Griffin would be let go following the loss, given it was his third in a row, but Dana elected to keep him and Tyson dropped to featherweight in his next bout. That move to featherweight is where a conspiracy theorist may look and think that the UFC was more than happy to have a drug test go unspoken with a fighter who was expected to be a game changer once featherweight came to the UFC. In another strange moment during the research for this story, I contacted Stars MMA while waiting for the disciplinary action file to see if they (and Tyson) had a statement regarding the situation. Griffin's manager returned the call and was very upset on the phone that I would report on the issue. He repeatedly told me that there was no sense reporting on the story and then getting upset that I would bring something that happened multiple fights ago to light. Given that I didn't even know what Griffin had tested positive for at the time I asked how it was not news that someone tested positive for something that was kept from the public and asked if it was PED related, which would make a 10 pound drop in his next fight a much bigger deal. Rather than simply informing me that it was for marijuana he said "good luck with the Freedom of Information Act request, we have no comment beyond that" and ended our conversation. It all adds up to such a strange story: For a promotion which has voluntarily made positive drug tests public knowledge (Chris Leben being caught by UFC testing in England for UFC 89), why is this the second positive test for marijuana (that we know of) to have been kept out of the public eye? For Michigan, why did they not make this information public? The public pays for the government commission to operate and pays for tickets/pay-per-views for the events, anything the commission does should be made easily accessible for the public. And for Stars MMA, why would you not take advantage of a chance to get out in front of the story with me and offer comment? Why add another layer of resistance and mystery to a story I made clear was going to come to light? In the end we're left with a lot of questionable behavior around a simple 100 day license suspension during a time when drug testing is at the forefront of the media with Diaz's marijuana conviction and the continued presence of testosterone replacement therapy in the headlines. White brags about how heavily regulated the UFC is, but what does that mean when the public isn't always fully aware of what that regulation detects? As of the time of this writing the UFC has not responded to multiple e-mail and phone requests for comment on the issue.

Posted in: ufc, commission, marijuana, griffin, tyson

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UFC welterweight champion Georges St-Pierre said he doesn't consider marijuana a performance-enhancing drug.

Posted in: ufc, gsp, champion, marijuana, stpierre

Read the full article at sportsnet.ca

submitted by MattyBlayze [link] [1 comment]

Posted in: mattyblayze, marijuana, enhancer, performance enhancer, japan i

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UFC welterweight champion Georges St. Pierre discusses the Nick Diaz situation and gives his thoughts on marijuana.

Posted in: gsp, george, marijuana, gsp i, enhancer

Read the full article at Heavy MMA

The Nevada State Athletic Commission has temporarily suspended Nick Diaz on the heels of his positive marijuana test after UFC 143.

Posted in: nick diaz, nick, nevada state, marijuana, marijuana test

Read the full article at Sherdog

Following his decision loss to Carlos Condit at UFC 143, Nick Diaz' drug screening came back positive for marijuana metabolites. This is the second time that Diaz has tested positive for marijuana in Nevade with the first time following his fight against Takanori Gomi at Pride 33 in 2007. He was suspended for six months and fined twenty percent of his fight purse. The win was also overturned to a no contest. A temporary suspension of his fight license has been handed down to Diaz on the Wednesday meeting following his UFC 143 positive test. The request was made by Christopher Eccles, the Nevada deputy Attorney General and the commission unanimously agreed on the motion. A follow up disciplinary meeting will be scheduled where Nick Diaz will be able to defend his usage of marijuana. Nick Diaz was not on the call Wednesday afternoon. Wednesday's pre-hearing was overseen by commission chairman Skip Avansino, who requested that documentation from the 2007 hearing be made available as well as any disciplinary actions handed down from other commissions. Diaz had prior issues with the California State Athletic Commission while in Strikeforce. Diaz' case is unique as marijuana is prescribed by a doctor to help him with his ADHD in the state of California. He will likely request exemption for medicinal marijuana usage. This is without precedent as there has never been another case of a fighter asking for marijuana exemption. There is also a possibility that Diaz would request a retroactive exemption which could possibly change the No Contest back to a win. Diaz could face up to a year suspension as well as a financial fine. The commission requested his financial earning from UFC 143 which would put not just his purse but any bonuses received at risk. His base salary was $200,000 though it is very likely that he also received undisclosed "locker room" and PPV based bonuses as well. SBN coverage of UFC 143: Diaz vs. Condit

Posted in: ufc, diaz, nick, commission, marijuana

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submitted by MattyBlayze [link] [4 comments]

Posted in: mattyblayze, license, marijuana, request, exemption

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A temporary suspension of Nick Diaz's fighter license was issued during a Wednesday meeting of the Nevada state athletic commission, stemming from the positive drug sample he produced during the weekend of UFC 143. The suspension was requested by Nevada deputy attorney general Christopher Eccles, and unanimously approved by the commission until a follow-up disciplinary meeting can be scheduled. At that hearing, Diaz will have the opportunity to present a defense. He was not present at Wednesday's meeting. When he does sit before the commission, he will likely have to answer not only for his recent drug screening failure which saw him test positive for marijuana metabolites, but also for a previous failed screening back in February 2007, also for marijuana. At that time, he was suspended for six months and fined 20 percent of his purse. During Wednesday's meeting, commission chairman Skip Avansino requested notes and minutes from the 2007 Nevada matter, as well as any related information from any states in preparation of Diaz's upcoming disciplinary hearing. The stage was also set for a possible defense that could include a retroactive request for a medical marijuana exemption, as Eccles noted a personal belief that "the question will come up" given Diaz's personal license for medical use in California. NSAC executive director Keith Kizer recently told MMA Fighting that no fighter had ever applied for a medial marijuana therapeutic use exemption, but that the commission would take the same steps as normal when considering the request. In addition to as much as a one-year suspension, Diaz faces the possibility of a financial fine, as the commission asked to receive "full data" on his purse as well as any bonuses. Diaz earned a salary of $200,000 for the bout, but likely received undisclosed bonuses that can also be affected. Diaz has hired Las Vegas attorney Ross Goodman to defend him during the upcoming hearing, which has yet to be scheduled.

Posted in: diaz, commission, meeting, marijuana, nevada

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One of the biggest stories coming out of Nick Diaz testing positive for marijuana after his UFC 143 bout with Carlos Condit has been Diaz's medical prescription for the drug. While some have said that Diaz should not be punished at all for something he has a prescription for, others have pointed out that there are plenty of medical conditions which require drugs or other intervention which prevent others from fighting. But, as pointed out in a recent Cage Potato interview with Keith Kizer, executive director of the Nevada State Athletic Commission, there were ways for Diaz and his camp to have applied for an exemption for his use, they just didn't: According to Kizer, though, Diaz had another option: coming to the NSAC weeks before fighting and applying for a therapeutic exemption (TUE) for his marijuana use. Given that Diaz' coach and manager, Cesar Gracie, has made a point of saying that Diaz has a legal right to use marijuana in California since a doctor prescribed it to him, one would have expected Diaz to have applied for the exemption with the commission. But that did not happen Kizer explains, as no one from Diaz' camp has ever attempted to explain any mitigating circumstances to him about the fighter's marijuana use or tried to contextualize it to attempt for Nick to granted a therapeutic exemption. "I have no idea what [Diaz's] marijuana situation is," Kizer told CagePotato on Thursday. "No one from his camp has ever come to me or the commission and tried to explain it." Requesting the exemption doesn't mean they would have gotten one, but it is certainly a better first step than simply assuming that you'll be able to beat the testing every time out. SBN coverage of UFC 143: Diaz vs. Condit

Posted in: diaz, marijuana, use, marijuana use, exemption

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Here’s an interesting twist to the Nick Diaz marijuana story. It turns out Diaz could have possibly avoided the situation altogether had he applied for a therapeutic use exemption for marijuana with the NSAC like other fighters do for testosterone. NSAC executive director Keith Kizer informed Cage Potato of the possibility late this week. According to Kizer, though, Diaz had another option: coming to the NSAC weeks before fighting and applying for a therapeutic exemption for his marijuana use. Given that Diaz’ coach and manager, Cesar Gracie, has made a point of saying that Diaz has a legal right to use marijuana in California since a doctor prescribed it to him, one would have expected Diaz to have applied for the exemption with the commission. But that did not happen Kizer explains, as no one from Diaz’ camp has ever attempted to explain any mitigating circumstances to him about the fighter’s marijuana use or tried to contextualize it to attempt for Nick to granted a therapeutic exemption. “I have no idea what [Diaz’s] marijuana situation is,” Kizer told CagePotato on Thursday. “No one from his camp has ever come to me or the commission and tried to explain it.” Kizer clarified that no one has actually applied for a use exemption for marijuana before but if his doctor could have convinced the commission that he needed it for medicinal purposes and it wouldn’t have affected his performance in the cage one way or the other, it is possible they would have granted it to him. But wait, all is not lost! It may seem like a moot point now, but according to Kizer, there’s still a chance Diaz could be granted one retroactively. Fighters can, in effect, retroactively ask the commission to grant them an exemption for the therapeutic use of certain banned substances, Kizer says. “Sure they can. We’ve had that with athletes before where they come into their hearings and say that they did this or took that, explain mitigating circumstances and argue that they should be allowed to have done so,” he recalls. I’m not holding my breath that it will happen, but at least Diaz’s counsel has an angle to attack the situation from when they meet with the commission in April. Wouldn’t that be something if he actually got it? Image via Esther Lin for MMA Fighting

Posted in: diaz, marijuana, use, kizer, exemption

Read the full article at MMA Convert

Whether or not marijuana is a performance-enhancing drug is a hot topic that’s been debated ever since Nick Diaz got popped for it at UFC 143. We probably need several educated doctor’s opinions on it to know for sure, but for what it’s worth, I found avid weed smoker and jiu-jitsu practitioner Joe Rogan’s take on it to be quite interesting and not at all what I expected. From Rogan’s Monday appearance on The MMA Hour with Ariel Helwani: “I think it is a performance-enhancing drug. If it wasn’t, a huge majority of jiu-jitsu guys wouldn’t be using it before they train. A lot of Brazilian guys use marijuana before they train. A lot of American jiu-jitsu guys use it before they train. And they don’t do it because it hurts them; they do it because it helps them.” “I think if testosterone is legal, you can easily make the argument that marijuana should be legal under a doctor’s prescription. I do believe that they’re both performance-enhancing substances. I think that testosterone is in fact, more of a performance-enhancer.” Here’s the thing though, and I need a little help on this because I don’t smoke weed and I don’t “train” or fight. For it to have performance-enhancing abilities, wouldn’t the fighter actually have to be high during the fight to get any benefit from it? Correct me if I’m wrong, but I don’t believe it’s like steroids where you can cycle off weeks before a fight but still get the benefits from it. Would it not be comparable to being drunk where you only feel the effects of it for a short time after you drank or in this case smoke? If that’s the case, then I really don’t see anything wrong with it provided fighters aren’t getting high the day of the fight. Problem is I don’t think they can test for it in real-time like they can for alcohol with a breathalyzer. Anyone care to weigh in who has a little more experience with smoking and fighting? Image via CombatLifestyle.com

Posted in: fight, train, marijuana, performanceenhancing, performanceenhancing drug

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It's been several days since Nick Diaz tested positive for potsmoking (not something we really needed a test to determine), and we still haven't heard a peep from him. I wonder what he does when he's not fighting, training, or triatheleting? Does he sit at home watching Antiques Roadshow marathons all day? Or am I just projecting what I do all day onto him? Whatever the case, I hope Cesar Gracie is getting a nice Golden Glory percentage of Nick's money for being the guy who has to come out and try to explain his client's latest f*ckups to an angry world every other week: "I was very disappointed," Gracie said on The MMA Hour. "Everyone knows he smokes marijuana medicinally in California. He has a legal right to do it in this state."Gracie said he was the one who was informed of the positive test and passed along the word to Diaz, and that Diaz had thought he had stopped using marijuana for long enough before the UFC 143 fight with Carlos Condit, and had enough water pass through his system, that a test would come up negative."He was surprised he tested positive," Gracie said. "He does the same ritual every fight for the last five years. He stops it in time and he cleanses his system, works out like crazy, drinks a lot of water and purges his system of it."Gracie said he thought Diaz's weight cut may have contributed to the marijuana metabolites staying in his system longer than usual. Gracie said the Diaz camp has hired an attorney, Ross Goodman of Las Vegas, who will help to appeal to the Nevada State Athletic Commission. I know what you're thinking: how the hell is Nick Diaz going to get off the hook for this when everyone and their dog knows he loves the sticky icky and his coach just admitted his way of getting around commission rules is risk-equivalent to ejaculating onto the vagina instead of inside it? Well interestingly enough, the way the Nevada commission's marijuana regulation is written might get him off the hook: read more

Posted in: diaz, nick diaz, nick, marijuana, system

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"I was very disappointed. Everyone knows he smokes marijuana medicinally in California. He has a legal right to do it in this state. He (Nick Diaz) was surprised he tested positive. He does the same ritual every fight for the last five years. He stops it in time and he cleanses his system, works out like crazy, drinks a lot of water and purges his system of it." -- Super bud? Appearing on "The MMA Hour" today (Feb. 13, 2012) Cesar Gracie -- head mixed martial arts (MMA) trainer of Nick Diaz -- says his star pupil was surprised at the news that he had tested positive for marijuana on his post-UFC 143 drug screening. Diaz, who has a prescription card to use marijuana in the state of California, clearly didn't do enough to rid himself of any traces of the banned substance. The positive result ruined any and all chances of an immediate rematch with Carlos Condit, who he dropped a controversial decision to on Feb. 4, 2012. It will also likely land Diaz a lengthy suspension, seeing as how it is the second time he has tested positive for pot in the state of Nevada. In 2007, Diaz got popped after his epic win over Takanori Gomi and was suspended for six months and fined $3,000. With the revelation the Diaz has medical clearance to use marijuana in the "Golden State," should the Nevada State Athletic Commission (NSAC) take that into consideration when it comes to laying down the sentence against Diaz? Or, is it simply inexcusable, knowing that he was well aware of the rules?

Posted in: diaz, nick diaz, state, marijuana, use marijuana

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Days after the announcement that Nick Diaz tested positive for marijuana and will be disciplined by the Nevada State Athletic Commission, Diaz's manager and trainer Cesar Gracie said Diaz was surprised by the result of his drug test. Not because Diaz doesn't use marijuana -- he admits he does -- but because Diaz thought he had taken all the necessary steps to make sure the marijuana metabolites were out of his system before the drug test. "I was very disappointed," Gracie said on The MMA Hour. "Everyone knows he smokes marijuana medicinally in California. He has a legal right to do it in this state." Gracie said he was the one who was informed of the positive test and passed along the word to Diaz, and that Diaz had thought he had stopped using marijuana for long enough before the UFC 143 fight with Carlos Condit, and had enough water pass through his system, that a test would come up negative. "He was surprised he tested positive," Gracie said. "He does the same ritual every fight for the last five years. He stops it in time and he cleanses his system, works out like crazy, drinks a lot of water and purges his system of it." Gracie said he thought Diaz's weight cut may have contributed to the marijuana metabolites staying in his system longer than usual. Gracie said the Diaz camp has hired an attorney, Ross Goodman of Las Vegas, who will help to appeal to the Nevada State Athletic Commission. This is the second time that Diaz has failed a drug test in Nevada, having previously tested positive following his Pride victory over Takanori Gomi. Because this is a second offense, Diaz could face a yearlong suspension. It's also possible that Diaz -- who hinted immediately following the loss to Condit that he might retire from MMA -- could quit fighting entirely. Gracie said that's going through Diaz's mind now, but that he believes Diaz will ultimately decide he wants to continue competing. "It's quite possible, actually," Gracie said of Diaz possibly walking away. "I really believe he loves fighting. I think he's fought too much and I think with all the politics that come with this sport and everything, the negativity, it's a crazy thing and I don't think he likes that part of it and the media and everything. He wanted to test himself as a martial artist and that was the most important thing, even more important than financial gain." Ultimately, Gracie thinks Diaz will step back into the cage at some point, once he has put whatever discipline Nevada hands down behind him. "I think after a certain amount of time he'll get the love back," Gracie said. "So I do want him to go through this process and try to clear everything and get him back on track fighting."

Posted in: diaz, test, gracie, marijuana, system

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This is a guest editorial by Jonathan Tweedale, Commissioner with the Vancouver Athletic Commission. Nick Diaz's recent post-fight positive test after UFC 143 for marijuana has caused many fight enthusiasts to ask: "Why do they test for marijuana anyway?" The answer to that question, along with a review of Nevada's applicable regulatory provision, suggests that there is no basis for disciplinary sanction of Mr. Diaz unless he administered or used marijuana immediately prior to or within several hours in advance of his fight. Cannabinoids as Prohibited Substances Cannabinoids are prohibited substances for fighters licensed in Nevada by virtue of NAC 467.850(2)(f), which incorporates by reference all prohibited substances on the current Prohibited List published by the World Anti-Doping Agency ("WADA"). More On Nick Diaz In Defense of Diaz's Weed Habit | Diaz Is to Blame, But So Are Meaningless Marijuana Tests | Diaz Should Be Released By The UFC | Diaz' Drug Test Failure Was Inevitable |White: 'I Am Beyond Disappointed' | Fighters React to Diaz's Positive Drug Test | Nick Diaz Tests Positive For Marijuana Cannabinoids - specifically, natural (e.g. cannabis, hashish, marijuana) and synthetic delta 9-tetrahydrocannabinol (THC) as well as cannabimimetics - are included on WADA's Prohibited List. The status of cannabinoids as either legal or illegal under applicable criminal law - or, e.g., ‘legal with a doctor's note' - is immaterial. The determinative fact for fight licensing purposes is that cannabinoids are included on WADA's Prohibited List. Cannabinoids are only prohibited "in competition". WADA expressly permits the use of marijuana and other cannabinoids outside of competition. Nevada is no different. A random, out of competition positive test for marijuana should not engender disciplinary sanction under the NAC's regulations.More after the jump. SBN coverage of UFC 143: Diaz vs. Condit The Regulatory Ambiguity: "Before" NAC 467.850(1) provides that the administration of or use of any prohibited substance "either before or during a contest or exhibition" is prohibited. The obvious question is this: how long before is "before", under NAC 467.850(1)? A day? A week? Media commentators have correctly pointed out that the presence of metabolites in a sample taken on fight night is consistent with the last "administration of or use of" the prohibited substance having been many days if not weeks earlier. Is the use of marijuana potentially weeks in advance of a fight a violation of NAC 467.850(1)? (Parenthetically, no similar question exists for organizations that strictly apply WADA's Code, as the Code expressly imposes an irrefutable presumption that an anti-doping violation has occurred wherever a Prohibited Substance or its metabolites are present in an athlete's sample. Nevada has no similar rule in its regulations.) "Before" - The Fixed Interpretation One might think that the obvious analog to marijuana is alcohol. The same regulatory provision that prohibits the administration of or use of marijuana also prohibits the administration of or use of alcohol (i.e. NAC 467.850(1)). In the case of each, the prohibition is on using "before or during" the contest or exhibition. If a fighter taking a drink seven days before a contest or exhibition has not used alcohol "before" the contest or exhibition, then we know that "before" denotes a time period of less than seven days. Perhaps it is substantially even less than that - two days, or maybe even 24 hours. If so, then "before" means just that for the purpose of all Prohibited Substances. One could object as follows: The problem with this interpretation of "before" - where "before" denotes a fixed period of time applicable to all prohibited substances (the "Fixed Interpretation") - is that such interpretation fails in its treatment of prohibited substances that are performance enhancing. If "before" meant a fixed period of time (say, seven days, two days, or perhaps a day), then NAC 467.850(1) would permit fighters administering steroids, amongst other performance enhancers, up to seven/two/one day(s) in advance of a fight. And that is untenable. The objection is partly misplaced. Steroids and many other performance enhancers are prohibited even out of competition - their use is prohibited at all times (unlike marijuana and alcohol). However, the objection correctly identifies that "before" must mean something different as applied to different prohibited substances, and this undermines the Fixed Interpretation. Also, the Fixed Interpretation is unable to distinguish between the consumption of different quantities of a given prohibited substance. "Before": The Principled Interpretation A better, more principled approach involves an examination of the rationale for the inclusion of a substance on the Prohibited List in the first place. If we understood the rationale for inclusion of a substance on the Prohibited List, then that understanding should guide our understanding of the timing of its use that would justifiably be deemed to constitute an anti-doping violation. I refer to this as the "Principled Interpretation", as it interprets the meaning of the relevant anti-doping regulatory provision in light of its principled underlying rationale. However, to apply the Principled Interpretation there is a preliminary question that must be answered: why is any substance included on the Prohibited List? Criteria for Prohibited Substances: Application to Cannabinoids Article 4.3.1 of WADA's Code provides that WADA is permitted to consider a substance for inclusion on the Prohibited List if WADA determines that a substance meets any two of the following three criteria: 1) the substance has the potential to enhance sport performance; 2) the use of the substance represents an actual or potential health risk to the athlete; and 3) WADA has determined "that the Use of the substance or method violates the spirit of sport described in the Introduction to the Code." The Principled Interpretation requires that we evaluate how these criteria apply to the class of prohibited substance under consideration - i.e. cannabinoids. First, as a matter of common sense, we can knock (a) off the list immediately as entirely inapplicable. Second, does (b) apply? Because WADA expressly permits marijuana use outside of competition, the only "actual or potential health risk to the athlete" engaged by this prohibited substance is "in competition" risk - i.e. an athlete competing under the psychoactive and physiological effects of marijuana. It follows that the rationale for inclusion of (b) in the List only justifies prohibition of cannabinoids immediately before a contest or exhibition. That leaves the third condition, (c). This criterion is puzzling. On its face, "the spirit of sport" appears to be an empty place-holder, devoid of objective content, included only to serve as a vehicle for WADA to insert a non-evidence-based value judgment. Does WADA imbue "the spirit of sport" with any semantic content in its Introduction to the Code? WADA's attempts to do so are limited to describing the "spirit of sport" as, alternately: "what is intrinsically valuable about sport"; "the essence of Olympism"; "how we play true"; and "the celebration of the human spirit, body and mind". But this is just purporting to define one empty moralistic expression in terms of other, equally empty moralistic language. Perhaps one could reasonably say that, regardless of what "the spirit of sport" might mean, it might violate the spirit of sport to use a substance during competition that represents an actual or potential health risk to the athlete. So, by virtue of one and the same underlying fact (the health risk to the athlete competing under influence of a substance with psychoactive and physiological effects), cannabinoids arguably satisfy two out of WADA's three criteria. Cannabinoid use prohibited only in cases of in-competition psychoactive and physiological effect The Principled Interpretation dictates the following conclusions: Cannabinoids are included on the Prohibited List because competing while under the psychoactive and physiological effects of cannabinoids both: represents an actual or potential health risk to the athlete; and violates the spirit of sport (in the limited sense noted above); and therefore: A fighter administers or uses cannabinoids "before" a contest or exhibition, under NAC 467.850(1), only where he or she is under its psychoactive and physiological effects during the contest or exhibition. Marijuana metabolites are not evidence of an anti-doping violation If an athletic commission wishes to enforce this rule, then it must tailor a test that will determine whether a violation has actually occurred. As is widely known, urinalysis casts too wide a net to tell us this. That cannabinoid metabolites are found in a fighter's sample is consistent with the fighter ceasing to use a month before, a week before, or a day in advance of the contest. Heavy users have been documented as testing positive over 46 days after the most recent use. (See, e.g., Ellis GM, Maun MA, Judson BA, et al. Excretion patterns of cannabinoid metabolites after last use in a group of chronic users. Clin Pharmacol Ther 1986;38:572-578; and Smith-Kielland A, Skuterud B, Morland J. Urinary excretion of 11-nor-9-carboxy-delta9-tetrahydrocannabinol and cannabinoids in frequent and infrequent drug users. J Anal Toxicol 1999; 23:323-332.) None of these time periods are instances of use "before or during" the contest - as the psychoactive and physiological effects of marijuana would no longer be in effect. Accordingly, if the Nevada Athletic Commission's only basis for issuing a complaint against Nick Diaz is metabolites revealed by urinalysis of a sample collected on fight night, then it is unlikely the Commission has sufficient evidence to prove a violation under a Principled Interpretation of its regulations. Even if the interpretation of Nevada's regulation mandated by the Principled Interpretation is mistaken, the rationale-based analysis is still intact. Any disciplinary action levied against Mr. Diaz would have no rational basis in the principles underlying a defensible anti-doping regime unless there is evidence Mr. Diaz was under the effects of marijuana on fight night. Regulators and fight sport enthusiasts alike can, of course, hope and expect that Nevada's regulators do not slavishly adhere to their past practices and instead re-evaluate the need to interpret and apply their anti-doping rules in light of the rationale underlying a principled anti-doping regime. Jonathan Tweedale is a litigation trial lawyer in Vancouver, British Columbia, and a Commissioner with the Vancouver Athletic Commission, an advisory body to the City of Vancouver. The opinions expressed in this article are solely his own and do not necessarily represent the collective opinion of the VAC.

Posted in: marijuana, use, substance, cannabinoid, interpretation

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Posted in: nick diaz, commission, marijuana, boywbrownhare, boywbrownhare link

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The announcement of Nick Diaz testing positive for Marijuana came on 2/09. Not only is that an amazing coincidence, it’s probably the most astute observation in MiddleEasy history. In honor of that, I started writing this article at 4:20pm to keep with the theme of the news I read this morning in Times Square about Nick Diaz testing positive for Marijuana. Nowhere did the ticker mention that Carlos Condit was the new UFC interim welterweight champion, or that a sanctioned fight took place; just that Nick Diaz tested positive for a banned substance and that it was newsworthy without any other context accompanying the statement. Whoever is in charge of the ticker in Times Square, we thank you for being an MMA fan.

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Luke Thomas and I recorded another installment of MMA Tete-A-Tete: Coarsening The Discourse yesterday before the official Nick Diaz news broke but we were able to address the rumors. Our main point is that the current testing regime for Marijuana is utterly pointless. The stated purpose of the commission is to prevent fighters from competing while high. Great. I hope we can all agree that's a worthy goal regardless of our stance on legalization. More On Nick Diaz Nick Diaz Is to Blame, But So Are Meaningless Commission Marijuana Tests | Nick Diaz' UFC 143 Drug Test Failure Was Inevitable | Dana White: 'I Am Beyond Disappointed | Nick Diaz Tests Positive For Marijuana | Fighters React to Nick Diaz's Positive Drug Test The problem is that the testing regime involves urinalysis which doesn't tell you anything about the intoxication of the fighter during the fight, only whether or not metabolites from previous pot use are in the fighter's system. Luke and I emphatically agree that anything but an ideal way to keep athletes safe. As Luke said over at MMA Fighting: "the urinalysis test regarding marijuana consumption used by athletic commissions (ostensibly) designed to protect the health and safety of fighters does neither and is little more than kabuki theater." We also discuss: Carlos Condit, Greg Jackson & Point fighting: pro and con, Luke defends the aberrant practice, I demonstrate why it's a pox on the sport. UFC biz: 143 buyrates high, UFC on Fuel estimates at 300K top side with a sideline to rave about the quality of the UFC on Fuel 1 card. What's going on with UFC Japan? Is Dana White being a fan boy or playing Japanese money marks? Will the event accomplish anything as far as rebuilding the sport in its historic #1 world-wide market? UFC on Fox 3: the problem of Diaz vs. Miller as main event SBN coverage of UFC 143: Diaz vs. Condit Transcript of the relevant portion are after the jump. Note this part of the discussion is the last 11 minutes of the video clip. Nate Wilcox: The rumor is that [Nick Diaz] failed his drug test because of marijuana and the thing is, he's done that before.Luke Thomas: Right. He's done it before. Here's the thing, I don't whether that's the case. I frankly hope it's not. Fingers crossed, I'm hoping they can still make this Condit/Diaz rematch and put it on UFC on FOX 3 but I don't even want to talk about Nick Diaz's case although I guess we can get into it specifically. It's just a major pet peeve of mine if this is true or if it's somebody else. It doesn't matter if it's Nick Diaz or if it's somebody else although there's some culpability if it is Nick Diaz and the question is "if" not that it is true but if it is Nick Diaz, I'm of two minds, if it's true. If it's true, I believe that first of all, it'd be like the Chael Sonnen/Anderson Silva thing, the UFC would have lucked out if that's the case because if it's true that's what happened, and I guess we haven't heard from the athletic commission and that'll be the final word, yay or nay on whether this whole thing is even a reality or just a bunch of nonsense, but if the UFC is investing in you in that kind of promotional way and to not honor their commitment to you and for you to be willingly participating in this exercise and fail on those grounds, that's really the height of being unprofessional. There's really no two ways about it. You're a failure to your business partners when you do something like that. On the other hand, the law of testing marijuana...Nate Wilcox: It's not a law, it's a regulation.Luke Thomas: It's a regulation, sort of. Here's why it's tested. It's a dumb law that's so incredibly bad it makes no sense. Here is the reality. Marijuana, by the Controlled Substances Act, is a Scheduled I drug which basically means it has no medicinal value and the only way it can ever be used, recreationally or otherwise, well it can't be used recreationally, but the only way it can be used in special circumstances is for research by the government but it doesn't have any medical purpose and it's basically a threat to your biology and society at large and marijuana got put on that. By contrast, for example, cocaine is a Scheduled II drug, meaning it does have some medical value. Noodle that one for a moment but the athletic commissions are required to test for Scheduled I and Scheduled II drugs, I don't know about Scheduled III, maybe, maybe not. The problem with the urinalysis for marijuana and this has been the case before and this is the case today, everyone in their right mind would say for any fighter, it's not okay if they compete high. It's just not okay, and I think you would agree with that.Nate Wilcox: Or drunk, just not intoxicated, not under the influence. It's not safe, not safe at all.Luke Thomas: It's totally dangerous. Here's the reality, a urinalysis does not tell you if a person competed under the euphoric effects of marijuana. It just tells you that they used and the reason why is, well, they tested your urine. It's testing the metabolite levels in your urine but urine is not coursing through your veins. Think of it this way, when they try to test you for your inebriation in alcohol, what do they do? They give you a blood alcohol test because it's coursing through your body at the time and your trying to determine to what extent the inebriation is, .08, whatever you think of that limit, that limit is defined as being impaired and you have cause with that but that's the basic standard. Blood tests, it turns out, they can tell if you were inebriated at a certain time with marijuana because what's it testing for? THC. Depending on the use the smoker has, depending on their body fat concentration, depending on a number of external factors, they could have smoked up to 2-3 weeks before and still have high levels of metabolites in their urine so here's the problem with the law. You're wasting taxpayer money, it doesn't keep fighters safe, it damages their career and it's basically making athletic commissions vice cops. There is no rational justification for testing fighters for urinalysis if your argument is, "We don't want them competing under the euphoric effects of THC." It's bullshit.Nate Wilcox: It is bullshit and that's Keith Kizer's argument. He's the commissioner of the Nevada State Athletic Commission and his argument is, "The reason we test for marijuana is we don't want fighters fighting while they're impaired." Luke Thomas: No one does.Nate Wilcox: No one does. It's not safe, it's not healthy. When you have fighters come in loaded up on pain pills like Don Frye and Ken Shamrock allegedly were in their fight in Pride, that' show you end up with something like Don Frye getting both ankles shredded and not tapping out in the fight. That's just bad, bad, bad. That's bad mojo. That's how you get a death in the cage. Drew Fickett notoriously has come into fights and tried to fight drunk, probably has gotten away with fighting drunk. I don't think a fighter should fight with any alcohol in their bloodstream. I don't even want a single glass of wine the same day as the fight. It's just a terrible idea. I don't want fighters fighting high. I want to have blood tests to make sure the guy's not smoking the day of the event but if the guy smoked 2-3 weeks before the event or a week before the event, who gives a shit? That gives him no advantage or disadvantage in the fight. It's immaterial. And this is a substance that's been voted legal to use as medicine in what, eight states now? And if you know anybody in Colorado/California, it's like you go into the doctor and you're like, "Ah, I've got a cough," and they prescribe you marijuana. "I've got a headache, I think I saw something," it's not hard to get these medical marijuana prescriptions. Diaz has a medical marijuana prescription and he's been very vocal about, "I'm not gonna stop smoke. I'm just gonna clear myself out with herbal remedies." It's worked. Diaz got drug tested at UFC 137 as a main event fighter and he passed so something went wrong here with Diaz's cleansing if that's the case and we don't know. We do not have any idea. Luke Thomas: This is just rumor. All I'm pointing out is people are talking about it and if they're talking about it, I want to get out in front of it and say, if it's Nick Diaz or anybody else, the law in California and in New Jersey and in Nevada is bullshit. Nate Wilcox: Yep, it's a stupid requirement and I've got problems with the whole drug-testing regimen. I'd like to see almost everything legal with blood tests and let's just know what these guys are on. Let them do whatever they want. I think intoxicants should still be banned. I don't want anybody fighting on alcohol or pain pills or pot while they're impaired during a fight but as far as performance enhancing drugs, I'm kind of like, "Well, whatever. We can't stop it necessarily but let's at least know what they're doing and know accurately with blood tests." To me, it's worth the money. I'd pay $5 extra for a pay-per-view if that meant they would spend that money blood testing the athletes and keeping them safe because the piss tests are a joke. They don't even test for Human Growth Hormone. They've got fighters with heads the size of pumpkins that look like Barry Bonds' big brother and there's no way to catch that with urinalysis. It's just ridiculous. It's a farcical hypocrisy that does nothing to protect the fighters. It's just a fig leaf for the athletic commissions and the promotions to say, "Hey, we're testing," when they're not. Just give it up!"Luke Thomas: Alright, again, we can hope for the best that this is not the case. Hopefully we can get some clarity on the issue soon. Somebody out there will report the truth one way or the other. My hope, I still hope against hope that we can get Condit/Diaz II on FOX. I didn't even want the rematch originally to be perfectly honest but it felt like the fan momentum was so much there that they were gonna make it and I know Cesar Gracie is out there saying what he's saying. I am hoping that it's just leveraging stuff because I want to see these two fight again and I want to see them doing it leveraging the controversy they've built. That would be nothing better for those two and for the sport to get that on a UFC on FOX. Nate, last word, if they do rematch, where do you want them to rematch?Nate Wilcox: I want them on FOX. I want them on FOX. I think that's just huge. They've got their pay-per-view calendar pretty much filled out without that fight but they have that gaping hole on FOX and that would be a huge fight on FOX television and I think that the second fight would be a very different fight. You've got Diaz, who didn't adjust mid-fight to what Condit was doing, but this is a guy who rebuilt his entire game when he ran up against wrestlers who could stop his jiu-jitsu so he became this mugging boxing style of fighting and he ran into somebody who found a way to counter that. I look forward to seeing how Diaz and his camp adjust to that strategy. How hard can it be to stop a guy from spinning out away from you on the cage? I think he discovered in the fifth round that he could get Condit down and it seemed like he could dominate Condit on the ground. You gotta think that the second fight would be way different. I think the utmost of both fighters. They're incredibly skilled, incredibly mentally powerful, incredibly physically conditioned athletes. Both are from good camps, well trained. It's a fight I'd want to see again. I enjoyed watching the last fight two or three times. I watched it twice yesterday and enjoyed it both times, paid attention the whole way through. I still don't know how I'd score the fight but I'd like to see it on FOX. Again, this is Nick Diaz. He might still be retired. He might be serious about that. There could be any number of things other than this rumor and this is just a rumor.Luke Thomas: The reason we're talking about it is it's such, every time it comes up, it's such a thorn in my side because you can get people who are like pro marijuana supporters who are like, "Well, I don't want guys competing high." Neither do I, but what they're doing doesn't address it at all. At all. It's a total fucking lie. Nate Wilcox: I don't want guys fighting on HGH but they are. Every single event but they're not tested for it at all. I guarantee it.

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Posted in: cant, marijuana, todd duffee, marijuana cant, prescription

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Let's establish two facts from the outset. First, Nick Diaz's use of marijuana to the extent it produced a positive drug test result is irresponsible. Second, the urinalysis test regarding marijuana consumption used by athletic commissions (ostensibly) designed to protect the health and safety of fighters does neither and is little more than kabuki theater. The UFC has every right to be disappointed with Nick Diaz. They invested huge sums of money and other promotional resources to push him, his fight and build him as a pay-per-view attraction. As incoherent and insane as some of the rules may be (more on that in a minute), he accepted the handshake. That meant not only fighting Condit, it also included media promotion and some measure of clean living. For him to test positive on the urinalysis - which could've resulted in promotional disaster for the UFC had he actually defeated Condit at UFC 143 - is the height of unprofessionalism and represents a total failure as a partner to the UFC. But it's also true, and perhaps more important, that the urinalysis test (MMAFighting.com has confirmed Nevada uses urinalyses to test fighters for various banned substances, including marijuana) used by the Nevada State Athletic Commssion (NSAC) to gauge marijuana use does not perform the function it purports to do. "[Marijuana] is banned because of the damage it does to the person taking it," said Keith Kizer, Nevada State Athletic Commission Executive Officer to the L.A. Times. "It could make you lethargic, slow your reflexes, and those are dangerous things in a combat sport." Kizer's argument is technically true, but incredibly misleading. In order to have any relevance in the combat sports context - remember, Diaz is medically cleared to use it in his personal life by a licensed medical practitioner - Kizer's argument has to apply to a fighter's state during sanctioned competition. After all, it's fair to argue no fighter should be competing under the euphoric effects of marijuana. Here's the problem: urinalysis tests are incapable of determining when a person used. According to drug use expert, author and Senior Editor of Reason magazine Jacob Sullum, it is scientific fact urinalyses only determine that someone used, not when. "[The urinalysis] shows that the drug has been consumed at some point," said Sullum, "but it doesn't pinpoint when and the problem arises mainly with marijuana because there's a very long detection window for marijuana ranging anywhere from a few days up to a month after somebody has smoked a joint depending on how heavy of a smoker they are, it can be detected for quite a long time after they're not high anymore so it's not a measure of intoxication or impairment, it's an indicator that they have consumed marijuana at some point in the past possibly, quite a time ago." "If you're doing it with urine," Sullum continued, "it's not going to be a measurement of current intoxication or impairment simply because what you're measuring is metabolized after the marijuana is processed. So just by the nature of the test, it's never going to be the test of somebody's current condition." If a urinalysis can't determine current levels of impairment, what can? Sullum says no method is perfect, but blood tests (generally, a more expensive proposition) is a significantly more accurate measurement. "[The blood test] is measuring THC levels in the blood so that's a better indicator, just like with alcohol, you want to know if somebody had a drink recently and how much have they consumed, you can get an idea of that by looking at the alcohol in their blood because that's what's affecting them right now. If there's THC in their blood above a certain cutoff, that's affecting you right now. If it's in your urine, it's not. Your urine is not circulated through your body so the relevant concern is what's actually affecting you now. Blood is a much more accurate measure of that". What's worse, the urinalysis puts a heavy burden on the marijuana user over other banned substances - like cocaine - that pose greater health risks but have shorter detection windows. "Yeah, it's a shorter window for other drugs," said Sullum. "Marijuana is unusual in that it's such a long window but even with other drugs, it can be a day or two or three depending upon the drug." Nick Diaz's problem isn't that he used marijuana in too close a proximity to the fight. By the commission's own perverse enforcement system, it's that he's got the wrong drug of choice. It is more understandable your standard employer would use a urinalysis as a screen for potential hires. All they want is peace of mind you're not using drugs. But they don't need to know if when you took it you were or weren't high. That level of specificity is overkill. Athletic commissions not only have the need, they have the responsibility. When commissions use urinalysis to measure impairment of marijuana and other banned substances, no one's health is protected, no one's safety is at issue. In administering these tests, they become less a governing body tasked with regulating the sport and more just vice cops regulating personal behavior unrelated to occupational demands. Blame Nick Diaz all you like. He knew what he was getting into. The larger issue, however, isn't about him. It's a question of the efficacy of athletic commission protocol and the damaging penalties they hand out when fighters run afoul of demonstrably meaningless screens. Talk about reefer madness.

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The rumors were true. Nick Diaz vs. Carlos Condit II isn’t going to happen because Nick Diaz has tested positive for marijuana at UFC 143. The NSAC’s Keith Kizer revealed the news today. “All results received thus far have been negative, except Mr. Diaz (who) tested positive for marijuana metabolites,” Kizer said in a statement. “A complaint for disciplinary action against Mr. Diaz has been filed.” Not exactly shocking news for anybody who’s at all familiar with Diaz. Everyone knows he smokes weed and actually, it’s perfectly legal for him to do so in his home state of California where he has a medical marijuana card. The problem is the state of Nevada tests for it and while Nick has bragged in the past about how easy it is to beat a marijuana test, he still managed to test positive for it for the second time in his career. And it couldn’t come at a worse possible time. He’s at the height of his popularity and was days away from being handed a rare second chance at beating Carlos Condit and moving on to a big money fight with Georges St. Pierre. Instead, he’ll likely have to pay some kind of fine and serve some kind of suspension. I won’t deny that the rule itself is pretty dumb, but the bottom line is Nick should have known better, especially after getting busted for the same thing back in 2007 for his epic fight against Takanori Gomi at PRIDE 33. The situation sucks, but at least Condit won the fight. Imagine how screwed up the welterweight title picture would be if he hadn’t. Here’s Joe Rogan sharing a funny story about the first time Nick got popped for pot.

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UFC 143 headliner Nick Diaz has tested positive for marijuana for the second time following his loss to Carlos Condit in the main event of UFC 143 this past Saturday in Las Vegas, the Nevada State Athletic Commission announced on Thursday. Diaz also tested positive for marijuana in Nevada following his upset over Takanori Gomi in Pride in February 2007, which resulted in the fight being changed to a no contest and Diaz receiving a six month suspension and fine. More to come on this breaking news…

Posted in: ufc, diaz, carlos condit, marijuana, thursday diaz

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The Nevada Athletic Commission has confirmed that Nick Diaz tested positive for marijuana at UFC 143 and will face disciplinary action, almost certainly canceling his planned rematch with Carlos Condit and throwing his future into question. "Mr. Diaz tested positive for marijuana metabolites. A complaint for disciplinary action against Mr. Diaz has been filed," Nevada Athletic Commission Executive Director Keith Kizer wrote in a statement distributed to the media. After losing to Condit by unanimous decision, Diaz was expected to get a rematch before it became clear that there was an issue with Diaz's drug test. Now Diaz is likely to be suspended at least six months, and possibly longer because he's a repeat offender: Diaz was also busted for marijuana after his upset submission victory over Takanori Gomi in Pride, and that result was subsequently changed to a no contest. Diaz's future is in doubt not only because the Commission may suspend him, but also because the UFC may decide he's more trouble than he's worth. UFC President Dana White has repeatedly lamented Diaz's refusal to "play the game," and if Diaz can't pass a drug test at the biggest fight of his career, the UFC may not trust him to participate in big fights going forward. There's also the matter of Diaz's post-fight comments, when he said he doesn't know if he even wants to fight anymore. It's also unclear what will happen with Condit, who was declared the interim welterweight champion for his victory over Diaz. At the moment it appears likely that Condit will sit out until Georges St. Pierre has sufficiently recovered from knee surgery and can return to the Octagon, which is tentatively planned for November.

Posted in: ufc, diaz, condit, carlos condit, marijuana

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Marijuana is as much as a performance enhancing drug as World of Warcraft is a 'opposite sex attraction enhancer.' Let me preface this article by stating it's ridiculous that our society has demonized perhaps one of the least-threatening recreational substances that's as natural and indigenous to the planet as a handful of wheat grass, a basket full of cranberries or a cup of water. The Nevada State Athletic Commission has issued a press release stating Nick Diaz tested positive for 'marijuana metabolites' leading up to UFC 143. Some of you remember Diaz tested positive for marijuana after his Pride FC fight against Takanori Gomi, nullifying perhaps one of the greatest fights we've ever seen in MMA. Since this is Diaz's second positive marijuana drug test from NSAC, expect a suspension that will be longer than six months. Here's a brief rundown on THC metabolites and how the retain in the human body from About.com. Some THC metabolites have an elimination half-life of 20 hours. However, some are stored in body fat and have a elimination half-life of 10 to 13 days. Most researchers agree that urine tests for marijuana can detect the presence of the drug in the body for up to 13 days. However, there is anecdotal evidence that the length of time that marijuana remains in the body is affected by how often the person smokes, how much he smokes and how long he has been smoking. Regular smokers have reported positive drug test results after 45 days since last use and heavy smokers have reported positive tests 90 days after quitting. Note that with regular smokers (like Nick Diaz) metabolites can last in the system as long as three months after ceasing smoking. Therefore, no amount of running, triathlons or GSP Rushfit can extract the substance from the system. This undoubtedly puts a halt to the recently semi-announced Nick Diaz vs. Carlos Condit rematch, and will only further promote an early retirement from Nick Diaz.

Posted in: diaz, nick, body, drug, marijuana

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Nick Diaz has tested positive for marijuana following his UFC 143 bout against Carlos Condit, according the Nevada State Athletic Commission.

Posted in: ufc, carlos condit, nevada state, marijuana, diaz tests

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Posted in: nick diaz, nick, marijuana, marijuana xposttrees, xposttree

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It isn't difficult to identify what particular quirk of Nick Diaz' personality makes him so beloved. Yes, he's a rogue, and people love his "don't give a f--k" attitude. Fans enjoy a loveable, irreverent rebel who kicks ass with the best of them. But let's face it. People love Nick Diaz because people love weed.  Marijuana: the iconic symbol of counterculture. You can't really blame his fans though. Even I laughed, and practically cheered his audacity, when, upon being asked if marijuana had gotten in the way of his fight career (Nick famously had a win over Takanori Gomi overturned for testing positive for marijuana afterword), replied: "Actually, on the contrary, my fight career has gotten in the way of my marijuana smoking" Which is vintage Nick Diaz. But it'd be foolish to bottle the importance of weed to hippies, philosophy majors, and FOX news pundits. After all, the history of weed has been written in doublespeak, with US flip flopping its position. First it was legal in the 1600's, then the Revolution of 1910 led to 29 states outlawing marijuana. Something about Mexican immigrants and "superhuman strength" (perhaps where Keith Kizer got his memo on what makes marijuana "performance enhancing"). So you had the Marijuana Tax Act of 1937 which criminalized it. The 1960's roll around, and research begins to challenge the dogma of weed as an "assassin of youth". In comes Nixon with his Commission on Marijuana and Drug Abuse, who he hires to confirm his assumptions that weed is dangerous not just because it inspires a desire to raid the fridge, but because it's bad for you. Said Commission defends decriminalization, causing Nixon to reflect on whether or not the very Commission he appointed to research the drug was part of some Jewish hexagonal plot. Eleven states containing a third of the US population subsequently decriminalize the drug thanks in part to the efforts of the American Medical Association, and the American Bar Association. But we're back to square one in 1984 thanks to Ronald Reagan and the Crime Control Act of 1984 which was one among a number of laws recriminalizing marijuana. If nothing else, the bizarre journey of the plant they call "ganja" (I'm a complete square, so I apologize in advance if I use less-than-hip terms) illustrates how political, rather than scientific the discussion surrounding the popular drug has been. Currently, 16 states consider it a medicine, but the federal climate remains fractured. And so do the prices. Wired magazine recently compiled the numbers with the average price per ounce ranging from $97 to $500+. The latter number comes from the upper midwest, so if you're looking to buy weed, don't go to North or South Dakota (as if you would anyway). In sports, it hasn't been all that different either. When Nick Diaz had his win over Takanori Gomi overturned, the Commission's logic was that marijuana was a performance enhancer. Which begs the question: if that were truly the basis for overturning the decision, why have decisions involving the use of steroids not been overturned? Even so, Diego Sanchez famously tested positive for marijuana following his win over Joe Riggs. What the hell happened there? Dave Herman also had to recently pull out of an event due to a positive marijuana test. Despite claims disputing marijuana use, it's be difficult to look at any given Herman fight (or the picture of him in the cagepotato link) and conclude the guy doesn't get blazed on a regular basis. So what's the deal? Is cannabis good or bad for you? You probably already know the basics. Glaucoma, in which increased pressure damages the neural layer of the eye, is helped by marijuana, which causes a decrease in the eye pressure that hurts retinal cells. It's good for chemo patients in order to reduce nausea, and for AIDS patients, it can act as an appetite stimulant (the so called "munchies"). But perhaps the most interesting recent study, was one conducted by University College in London, which found that marijuana improves upon something called semantic priming. What exactly is that?        "This occurs when the activation of one word allows us to react more quickly to related words. For instance, the word "dog" might lead to decreased reaction times for "cat," "pet" and "Lassie," but won’t alter how quickly we react to "chair." Interestingly, the scientists found that marijuana seems to induce a state of hyper-priming, in which the reach of semantic priming extends to distantly related concepts. As a result, we hear "dog" and think of nouns that, in more sober circumstances, would seem rather disconnected, such as "leash" or "hair." This state of hyper-priming helps explain why cannabis has been so often used as a creative fuel, as it seems to make the brain better at detecting those remote associations that lead to radically new ideas. Why does marijuana increase access to far reaching intellectual connections? One possibility is that the beneficial effect of the drug is mediated by mood. Marijuana, after all, has long been used to quiet anxious nerves — big pharma is currently exploring targeted versions of THC as a next generation anxiolytic — as only a few puffs seem to dramatically increase feelings of relaxation and euphoria. (The technical term for this, of course, is getting stoned.) Furthermore, recent research has suggested that performance on various tests of remote associations and divergent thinking — a hallmark of creativity — are dramatically enhanced by such positive moods." You can read the rest of Jonah Lehrer's always fantastic work here.  The studies on remote associations are especially intriguing because they emphasize the role of mood in the process of learning. Nick clearly loves his weed, but when he claims his marijuana use is due in part to his anxiety problems, it's hard to be skeptical. But then Nick is hardly a role model of civilized behavior. And so it's worth noting that Jack Herer is perhaps not the final word on marijuana. From a study done in the Netherlands: Long-term study Over a five-year period, data were collected from 428 families and their two adolescent children. Each year the children answered questions on topics such as their behaviour and depressive symptoms. The variant of the serontonin gene (5-HTT) responsible for increased vulnerability to developing depression was also determined. In young people with a special variant of the gene, cannabis use led to an increase of depressive symptoms. The study seems relatively inconclusive, and Lehrer's article does a good job cutting through the bullshit on similar studies linking marijuana with psychosis in his article mentioned earlier. But that genes may play a role is unsurprising. As I've talked about in the past, genetics even plays a role in the concussion crisis, as a specific gene shows up in the majority of the brains afflicted with CTE. That a gene may predispose some to deleterious effects of marijuana use is hardly the silver bullet its critics would want, but it's enough to provoke caution. Just as with the steroid debate, the marijuana issue is the kind of thing that will look incredibly stupid ten years from now. Especially with support for marijuana legalization at an all time high (pun intended?). And then Nick Diaz won't ever have to apologize for smoking weed in front of a misguided athletic commission. Not that he would...

Posted in: diaz, nick, marijuana, weed, study

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Dave “Pee Wee” Herman was closing in on his bout against Mike Russow at UFC 136 when he received news that he had failed his pre-fight drug test and would not be able to fight. Herman told Clinch Gear Radio that his test had come back positive for marijuana, a drug he denied using. While Herman denied using marijuana, MMAFighting.com he did tell MMAFighting.com that he often finds himself around it. "I do not smoke marijuana. I can't say I'm not around it. I live in California. Pretty much

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Filed under: UFCDave "Pee Wee" Herman said he was "surprised" to learn he'd failed a pre-licensing drug test before his scheduled UFC 136 bout with Mike Russow, and while he insists he never ingested any banned substances, he's readying himself for a suspension just the same. Herman said he was informed on Wednesday that he'd been denied a license by the Texas commission due to a failed drug test for marijuana, though a second test for steroids came up clean, he said. "I do not smoke marijuana," Herman told MMA Fighting. "I can't say I'm not around it. I live in California. Pretty much everyone out here smokes weed. Maybe I need to pick my friends a little better. I don't know." When asked if it was his belief that simply being in the presence of marijuana smoke might have caused the positive test result, Herman replied, "Like I said, I see people smoking weed every day." Susan Stanford, of the Texas Department of Licensing and Regulation, told MMA Fighting that medical privacy laws prevented her from disclosing any information about Herman's drug test results, but confirmed that "he was denied a license." Herman initially told Clinch Gear Radio that he'd been asked to take a second drug test after the lab where he was tested told him that it had lost his first sample. Stanford explained that the testing is done entirely through private labs, and the commission never has possession of the sample, but would have likely been informed if a sample had been lost. On Thursday, Herman told MMA Fighting that the lab had asked him to submit two separate samples so that it could test one for drugs of abuse and another for steroids. "When I talked to Texas they said that there wasn't enough of the first sample to do both tests," said Herman. "The first sample they just tested one thing and the second sample they tested something else. ...They just said the first one was positive for marijuana. The second one wasn't positive for anything." What surprised Herman most, he said, was when he read internet reports that claimed he had tested positive for both marijuana and steroids. "It got worse and worse. The first article I clicked on just quoted me from my interview and it looked pretty much right. The second one was like, '[Herman] denies use of steroids.' Then the third one was like, positive for marijuana and steroids. I'm like, how did you jump from that to that to that?" The UFC's Marc Ratner said he had no information as of yet, and hadn't seen anything on paper regarding Herman's tests or what possible repercussions he might be facing. For his part, Herman is expecting to be suspended on top of losing his chance to fight Russow in Houston on October 8. "I don't think there's anything I can really do," he said. "Obviously, this fight's already gone. Even if I go in today and pass everything, this fight's already done. Pretty much I guess I just wait. They said I'll probably have a short suspension. From researching other guys who have tested positive, the max suspension they've ever seen is 30 days. So I guess I wait 30 days and pass a drug test and try to get another fight lined up." In the meantime, Herman said he's struggling to get over the disappointment of spending weeks preparing for the fight only to see the opportunity disappear and get replaced with the threat of disciplinary action. "I was feeling good, was in really great shape," he said. "I didn't really want to get up and go to practice this morning, but I did anyway. I guess I just have a little extra time to hone everything and get better." Permalink | Email this | Linking Blogs | Comments

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