Two fighters have tested positive for banned substances following UFC on FUEL TV 8. The UFC has revealed that bantamweight Alex Caceres tested positive for marijuana metabolites and Riki Fukuda tested positive for stimulants at UFC on FUEL TV 8.
Alex “Bruce Leeroy” Caceres tested positive for marijuna metabolites following the UFC’s trip to Japan. The positive test saw his somewhat controversial split decision victory over Kyung Ho Kang over turned to a no contest and has been suspended for eight months. The fighter will have to undergo rehabilitation classes during his suspension.
Riki Fukuda tested positive for the stimulants Phenylpropanolamine, Norpseudoephedrine and Ephedrine. These substances are commonly found in several brands of cold medicine. Fukuda had already been released by the UFC following his loss to Brad Tavares.
The UFC tested every fighter at UFC on FUEL TV 8 and the remaining drug tests from came back negative for banned substances.
MMAFrenzy.com
Former UFC light heavyweight Stephan Bonnar took to the MMA Hour on Monday for his first public statements regarding his positive test following UFC 153. The Ultimate Fighter 1 finalist admitted to knowingly taking a banned substance but insisted that he did so for therapeutic reasons.
Said Bonnar:
“Believe it or not, there are some therapeutic uses to some of the banned substances,” he said. “Bottom line, I wanted to get my strength back. I was very weak. My body didn’t feel good, my joints didn’t feel good. That was my goal.”
Bonnar insisted that he never expected to get the call to face UFC middleweight champion Anderson Silva, or any fighter, for a bout. Bonnar took the bout believing that the banned substance would have been out of his system before facing Silva.
“I’m not a stupid person. of course, I know I’m going to get tested. I got three weeks to train for the fight, and 35 pounds to lose, and you really think after that I’m going to take something that’s detectable for a month? That makes no sense. Absolutely none.”
The former UFC fighter certainly regrets the decision however, noting how his professional life has changed drastically since the failed test (the second of his career). Bonnar, who had been an analyst for the UFC on various outlets, still has not talked to UFC president Dana White.
MMAFrenzy.com
As revealed by the post fight drug tests for UFC on FX 6 in Australia, two participants tested positive for banned substances. Those men, Rousimar Palhares (who tested positive for elevated testosterone levels) and Joey Beltran (who tested positive for Nandrolone), were fairly notable fighters before the event, but have now been the subject of much scrutiny.
Beltran, whose underdog win over Igor Pokrajac seemed to be indicative of an unexpected career upswing, has now taken to twitter to apologize for the "shame" of his result, while denying he ever injected the substance he tested positive for.
Says "Mexicutioner:"
"I can say without a shadow of a doubt I did not inject Nandrolone into my body. I am sorry to my family and friends for the shame this brought to any of you. I promise soon the whole story will be told and I will go through whatever is necessary to find the reason for this positive test. I am at fault for taking a supplement or perhaps combination of something that caused my test result. My team and I will seek the truth. I am sorry once again and truly apologize to the people that matter the most to me."
Beltran is choosing a route we know all too well as mixed martial arts (MMA) fans, claiming that a tainted supplement was the cause of his drug test failure. He would join the likes of fighters like Cristiane Santos and Muhammed Lawal, who also allege they unknowingly took supplements that had banned substances in them.
It's unfortunate to see his career go this way, as he finally looked to have put it all together to actually become a decent light heavyweight and not just an exciting brawler. Even with his vehement denial, it's difficult to not be skeptical at this point, and it would not be surprising to see him receive some major consequences in addition to his nine-month suspension.
Time will tell.
What say you, Maniacs? Anyone willing to give him the benefit of the doubt?
For some odd reason, the UFC likes to remind the fans that Thiago Silva was beaten by his father and he lived in poverty when he was a kid. See, that's too much info. You might as well tell us what the name of his high school girlfriend was and at what age he found out that Santa Claus wasn't real.
Last year in a moment of sheer WTFness, Thiago Silva actually owned up to taking a banned substance instead of vehemently denying it in court litigation. Refreshing, and above all else -- amazing. During that time, the Nevada State Athletic Commission stated that Thiago Silva's urine resulted in a 'non-human' sample which ultimately denoted Thiago was trying to hide something -- or that the dude was a friggin' centaur.
Now over a year later, Thiago Silva has been busted for another 'banned' substance, this time marijuana. Check out UFC's official statement released just moments ago.
Thiago Silva tested positive for marijuana metabolites following his bout at UFC on FUEL TV in Macau. The UFC organization has a strict, consistent policy against the use of any illegal and/or performance-enhancing drugs, stimulants or masking agents. Silva has admitted to taking the banned substance and has agreed to participate in an approved drug-rehabilitation program and serve a six-month suspension retroactive to the November 10 event. He must pass a drug test upon completion of the suspension before receiving clearance to fight again.
Initially, we were going to do a list of the 'Top Ten Creatures Thiago Silva could be since his urine is considered 'non-human'' but now with this news, that idea is pretty much useless. It could have been cool, but Thiago Silva ruined it. Blame it on him.
UFC fighters Stephan Bonnar and Dave Herman failed their post-fight urine tests following UFC 153. Bonnar for steroids, Herman for marijuana.
News broke yesterday that both Stephan Bonnar and Dave Herman tested positive for banned substances following their respective bouts at UFC 153. Bonnar popped for the anabolic steroid Drostanolone, while Herman was busted for marijuana. Since there was no commission in Brazil, the UFC handled the testing themselves. They issued a statement regarding the issue, and said both men admit to taking the banned substances:
"Stephan Bonnar and Dave Herman tested positive for banned substances following their bouts at UFC 153. The UFC has a strict, consistent policy against the use of any illegal and/or performance-enhancing drugs, stimulants or masking agents. Both fighters have admitted taking the banned substances and have orally agreed to suspensions. Once the suspensions have been reduced to written agreements, the results of their tests and the agreed upon suspensions will be sent to the Association of Boxing Commissions official record-keeper so other jurisdictions will be on notice."
This was the second offense for both men. Bonnar tested positive for a different steroid following UFC 62, while Herman was caught by a pre-fight drug test before a planned bout with Mike Russow last year. Marijuana was the substance he popped for that time as well, though he denied using it. UFC president Dana White said that Bonnar is officially retired following his UFC 153 loss to Anderson Silva, while Herman's UFC career hangs in the balance with three straight losses on his record.
Stephan Bonnar and Dave Herman have admitted to taking banned substances that resulted in failed drug tests following their UFC 153 bouts, according to a statement released Saturday by the UFC.
The UFC’s parent company, Zuffa LLC, has released an official statement regarding the recent reports that fighters Dave Herman and Stephan Bonnar tested positive for banned substances following UFC 153. There has been no reports on how long the suspensions will be at this time. The suspension will matter little to Bonnar however, as he recently announced his retirement from MMA.
Zuffa’s statement:
“Stephan Bonnar and Dave Herman tested positive for banned substances following their bouts at UFC 153. The UFC has a strict, consistent policy against the use of any illegal and/or performance-enhancing drugs, stimulants or masking agents. Both fighters have admitted taking the banned substances and have orally agreed to suspensions. Once the suspensions have been reduced to written agreements, the results of their tests and the agreed upon suspensions will be sent to the Association of Boxing Commissions official record-keeper so other jurisdictions will be on notice.”
Stay tuned to MMAFrenzy for more on this developing story.
MMAFrenzy.com
News broke yesterday that both Stephan Bonnar and Dave Herman tested positive for banned substances following their respective bouts at UFC 153. Bonnar popped for the anabolic steroid Drostanolone, while Herman was busted for marijuana. Since there was no commission in Brazil, the UFC handled the testing themselves. They issued a statement regarding the issue, and said both men admit to taking the banned substances:
"Stephan Bonnar and Dave Herman tested positive for banned substances following their bouts at UFC 153. The UFC has a strict, consistent policy against the use of any illegal and/or performance-enhancing drugs, stimulants or masking agents. Both fighters have admitted taking the banned substances and have orally agreed to suspensions. Once the suspensions have been reduced to written agreements, the results of their tests and the agreed upon suspensions will be sent to the Association of Boxing Commissions official record-keeper so other jurisdictions will be on notice."
This was the second offense for both men. Bonnar tested positive for a different steroid following UFC 62, while Herman was caught by a pre-fight drug test before a planned bout with Mike Russow last year. Marijuana was the substance he popped for that time as well, though he denied using it. UFC president Dana White said that Bonnar is officially retired following his UFC 153 loss to Anderson Silva, while Herman's UFC career hangs in the balance with three straight losses on his record.
At one point UFC 153 didn’t have a main event or co-headliner and the UFC was forced to scramble to save the card. Fortunately, they did just that by booking Anderson Silva against Stephan Bonnar and Antonio Rodrigo Nogueira opposite Dave Herman.
However, though each man lost, both fights will now have an asterisk in the record books after Bonnar and Herman tested positive for banned substances.
According to MMAJunkie.com :
“UFC 153 fighters Stephan Bonnar (15-8 MMA, 8-7 UFC) and Dave Herman (21-5 MMA, 1-3 UFC) each tested positive for banned substances in their post-fight drug screens.
MMAjunkie today confirmed with Ultimate Fighting Championship officials that all 24 fighters who competed at this past month’s UFC 153 event in Brazil were tested, and Bonnar and Herman were the lone two competitors who failed the screen.
Bonnar tested positive for Drostanolone, an anabolic steroid, while Herman’s screen was flagged for marijuana metabolites.”
Fans wondered if the UFC would actually release the results if they had positive tests since they were the ones running the tests and not an athletic commission. Its also important to mention that all three of Silva’s light heavyweight opponents have tested positive for banned substances in relation to their rumbles with the Brazilian great.
PHOTO CREDIT – UFC
Tweet
In an infinite universe and a long enough time span, anything is possible. Well, besides defeating Anderson Silva. Humanity should just cross it off our collective bucket list. It's simple not going to happens, folks -- regardless of how many banned substances you pump your body with. Moments ago MMA Junkie broke the news that your favorite American Psycho tested positive for a banned substance during UFC 153. Of course, as well all known from the multitude of .gifs that floated around message boards after his bout against Anderson Silva, not even PEDs can stop the onslaught of The Spider. Now we've compiled thirteen of the greatest jokes on Twitter after everyone discovered Stephan Bonnar tested positive for a banned substance. Enjoy.
Jake Shields' UFC middleweight foray is not off to an auspicious beginning.
The fighter announced Friday via press release he'd been suspended by the Office of Boxing Licensure within the Colorado Division of Professions and Occupations for taking an unnamed prohibited substance prior to his August UFC 150 middleweight bout with Ed Herman.
MMA Fighting confirmed Monday with a representative of the Colorado commission Shields is suspended for six months for taking a prohibited substance. Their public stipulation of the punishment handed to Shields, however, does not identify which prohibited substance Shields took.
According to Colorado regulation, "participants are prohibited from using any drugs, alcohol, or stimulants, either before or during a bout. Any substance other than plain water or a sports drink approved by the director is prohibited during the event."
In addition to the six-month suspension retroactive to the August 11th day of his UFC 150 bout, Shields must pay a $5,675 fine. While the fine for his infraction is $5,000, he's also been ordered to pay a 10 percent 'additional surcharge' by the Executive Director of the Department of Regulatory Agencies. Shields must further pay $175 related to administrative costs incurred by the testing company. He has fourteen days to meet those financial obligations as of Monday, October 15th.
In addition, Shields' bout with Herman has been overturned to a no-contest. Shields initially won the fight via unanimous decision.
Shields has amassed a 2-2-1 record during in his UFC tenure, which began in October of 2010. He holds an overall MMA record of 26-7-1-1.
He may be a vegetarian, but it appears Jake Shields has no problem putting banned substances in his body. According to a press release from his camp, Shields tested positive for a banned substance following his fight with Ed Herman at UFC 150 in Denver, Colorado and has been handed a six-month suspension as a result.
“Prior to my professional bout at UFC 150 in Denver, Colorado, I used a substance prohibited by Colorado Boxing Commission rules,” admitted Shields in a prepared statement, confirming he was suspended as a result. “This was a mistake that I fully regret. I have shared this issue with my family and the UFC and I have apologized to them and now I also apologize to you, the fans. I promise this will never occur again in my fighting career.”
The actual substance Shields used was not mentioned.
Fighters suspended for drug use are typically fined a portion of their purse and any related wins are overturned. While the CBC most likely have already done so, the statement only refers to the suspension.
“I accept the Boxing Commission’s decision for a six-month suspension, which will expire in February. I ask that you accept my apology. I will be back fighting soon, and hope that the fans of MMA will support me until that time,” concluded Shields.
Neither the UFC or CBC have commented on the matter.
PHOTO CREDIT – UFC
Well this is new and interesting.
It's been two months since UFC 150: "Henderson vs. Edgar 2" went down at the Pepsi Center in Denver, Colorado, on Sat., Aug. 11, 2012. At that event, Jake Shields returned to the middleweight division to battle Ed Herman, a bout he won via unanimous decision.
But then he failed his drug test.
That's according to the man himself, who had his management team send out a press release complete with his own quotes both admitting to taking a prohibited substance and owning up to it while accepting the six month suspension that was handed down to him by the Colorado Boxing Commission.
"To my friends, fans and the UFC,Prior to my professional bout at UFC 150 in Denver, Colorado, I used a substance prohibited by Colorado Boxing Commission rules. This was a mistake that I fully regret. I have shared this issue with my family and the UFC and I have apologized to them and now I also apologize to you, the fans. I promise this will never occur again in my fighting career. I accept the Boxing Commission's decision for a six-month suspension, which will expire in February. I ask that you accept my apology. I will be back fighting soon, and hope that the fans of MMA will support me until that time."
How about that? A refreshing bit of honesty from a fighter choosing to take responsibility for his own actions.
The substance Shields was taking that caused the failed drug test was not revealed. The reason the Commission didn't disclose the results was because of state laws.
This is the first time Shields has ever tested positive for anything in his long and illustrious pro fighting career. No word just yet from UFC on how they'll handle this, though the company typically lets Commissions handle these matters.
As noted, Shields is eligible to return in February.
UFC welterweight turned middleweight Jake Shields has been suspended six months for using an illegal substance prior to his UFC 150 bout with Ed Herman in August. The fighter revealed the news Friday to the media via press release.
UFC 150 took place on August 11th at Pepsi Center in Denver, Colorado. Shields, 35, fought and defeated Herman via unanimous decision.
Shields did not specify which substance he took that resulted in the suspension. The Colorado Boxing Commission does also not disclose test results according to their own state laws.
"Prior to my professional bout at UFC 150 in Denver, Colorado, I used a substance prohibited by Colorado Boxing Commission rules," Shields said in a statement. "This was a mistake that I fully regret. I have shared this issue with my family and the UFC and I have apologized to them and now I also apologize to you, the fans. I promise this will never occur again in my fighting career. I accept the Boxing Commission's decision for a six-month suspension, which will expire in February. I ask that you accept my apology. I will be back fighting soon, and hope that the fans of MMA will support me until that time."
Prior to this incident, Shields has never tested positive for any performance-enhancing drugs or any other banned substance in his 35-fight professional career.
He previously fought at middleweight early in his career as well as 2009 and 2010 as Strikeforce's middleweight champion. Shields moved back to welterweight and made his UFC debut at UFC 121 in October of 2010 where he defeated Martin Kampmann via unanimous decision. His most-recent return to middleweight began with the fight at UFC 150 against Herman.
The Colorado Department of Regulatory Agencies' Boxing Commission has issued UFC fighter Jake Shields a six-month suspension for using a prohibited substance prior to his fight at UFC 150, the fighter today announced.
Shields' reps at Authentic Sports Management emailed MMAjunkie.com a prepared statement from the fighter.
In it, Shields acknowledges to using a banned substance and accepting the commission's half-year suspension.
This is without a doubt an odd story. At face value, it’s kind of funny, but in reality there’s likely something seriously wrong with Jason whether it be psychological issues, substance abuse, or a mixture of the two is not clear at this time, but as noted in the above video, he is being evaluated [...]
After being accused of not doing enough to stop its fighters from using performance enhancing drugs, the UFC is finally becoming more vocal about the topic.
The UFC was sure to discuss PEDs during the mandatory UFC fighter summit, so we’ll see if it actually helps in the long-term.
Here is what Lawrence Epstein, UFC Executive VP and General Counsel, said to fighters during the UFC fighter summit:
It is important to continue educating our athletes on the dangers of PEDs and other banned substances. Additionally, no new UFC or STRIKEFORCE promotional agreement will become effective before the athlete has provided a clean PED test result.”
“PED and banned substance usage harms the integrity of sport, potentially compromises the safety of our athletes, raises concerns for both short and long-term health issues and sends an improper message to our fanbase. We will continue to be at the forefront of this issue. And we will continue to work with Athletic Commissions and other bodies to ensure – to the fullest extent possible – that testing procedure keep pace with scientific advancements regarding the identification and detection of prohibited substances.”
Let’s be real about something here: The athletic commissions – and the UFC – need to ensure there is a real effort to stop PED use in the sport. If you believe enough is being done to catch cheaters, you’re quite honestly being delusional about it.
However, addressing PEDs during the UFC fighter summit is a good step, but fighters looking to cheat are going to do it either way – more must be done to punish these fighters, or the UFC will look foolish in the long run.
Strikeforce talent Rafael Cavalcante tested positive for a banned substance following his win over Mike Kyle on May 19 and has been suspended for one year by the California State Athletic Commission.
Strikeforce talent Rafael Cavalcante tested positive for a banned substance following his win over Mike Kyle on May 19 and has been suspended for one year by the California State Athletic Commission.
What the Feijao is this?
Rafael Cavalcante defeated Mike Kyle at the Strikeforce: "Barnett vs. Cormier" event just this past May 19, 2012, in San Jose, California. He was impressive in doing so, too, submitting "Mak" just 33 seconds into the very first round.
It turns out, he may have had some chemical assistance.
That's because the Brazilian tested positive for a banned substance following the bout, according to MMAFighting.com, who confirmed the information with California State Athletic Commission (CSAC) Executive Officer George Dodd.
Due to the infraction, "Feijao" has been suspended for one year and fined $2,500.
There's no word on what exactly the banned substance was, as Dodd did not release that information. But the Cavalcante camp is already vowing to fight the charge with an appeal:
Ed Soares, Cavalcante's manager, told MMAFighting.com that they have replied to the CSAC's letter and will be appealing the suspension.
"I believe in his innocence, and we're fighting it," Soares said. "We stand behind him. There's a lot of stuff that doesn't make sense."
What makes this even more troubling is that Cavalcante was reportedly looking at a title shot later in the year thanks to his victory over Kyle, which could now be overturned thanks to the failed test.
Even worse is the fact that this marks yet another instance of a Strikeforce employed fighter testing positive for a banned substance. Cristiane Justino was suspended by the CSAC in December of last year while Muhammad Lawal was popped by the Nevada State Athletic Commission earlier this year.
He's since been dropped by the promotion and signed with Bellator.
Does a similar fate await Cavalcante? It would be foolish to speculate at present time, as all the facts have yet to come out and "Feijao" still has yet to get his time in court.
But it doesn't look good early.
Thoughts on all this, Maniacs? Is news like this becoming far too common in mixed martial arts (MMA)?
Strikeforce light heavyweight Rafael "Feijao" Cavalcante tested positive for a banned substance following his win over Mike Kyle last month in San Jose, Calif. The California State Athletic Commission executive officer George Dodd confirmed the news with MMAFighting.com on Friday. Boxing reporter Gabriel Montoya first reported the news on Twitter. As a result, Cavalcante has been suspended for one year and fined $2,500 by the CSAC. Dodd refused to disclose which banned substance Cavalcante tested positive for because he was not at his office when contacted by MMAFighting.com. He said the CSAC sent Cavalcante a letter earlier this week informing him of the failed test but they have yet to hear back from him. Ed Soares, Cavalcante's manager, told MMAFighting.com that they have replied to the CSAC's letter and will be appealing the suspension. "I believe in his innocence, and we're fighting it," Soares said. "We stand behind him. There's a lot of stuff that doesn't make sense." Cavalcante submitted Kyle at Strikeforce: Melendez vs. Thomson III in just 33 seconds last month. He was rumored to be in line for a title shot against Gegard Mousasi later this year. This marks the third high-profile Strikeforce fighter to be accused of testing positive for a banned substance this year after Cris "Cyborg" Santos and Muhammed Lawal were both suspended by the CSAC and Nevada State Athletic Commission, respectively.
UFC heavyweight champion Junior Dos Santos isn’t opposed to fighting Alistair Overeem after the Dutchman returns from his suspension, but wants a blood test done prior to their heavyweight clash.
Here is what Dos Santos had to say:
“I would like (Overeem) to do a test — a blood test. I think we both need to do that. I want a clean fight and he needs to prove he is not under any kind of substances.”
“Using drugs is completely unnecessary, and I am the living proof. I’m the champion, and I never used any kind of forbidden substances. Fighting a guy that uses these kinds of drugs is completely unfair and useless. With or without any kind of authorization [for using testosterone], the fighter who uses those substances is never fighting with his own skills. He is enhancing his power with those drugs.”
The entire debate around PEDs was seemingly turned upside down due to the rise of testosterone replacement therapy (TRT) and the therapeutic use exemption (TUE) that some fighters qualify for.
UFC heavyweight Roy Nelson also wants stricter drug testing – and is willing to even pay for the tests – just to ensure the playing field is fair. It seems like a noble gesture to ensure the fighters are clean, but the UFC and state athletic commissions are dragging their feet in regards to increased testing.
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."
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?
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."
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.
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").
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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.
Chris Leben is still inside the limits of his second suspension after he was busted for using banned substances in his fight with Mark Munoz at UFC 138. It's the second time he has been caught using an illegal substance in the cage.
I can't believe this. All we wanted in our lives was a Frate Trane the likes of which we have never seen, dominating ladies across the globe while we secretly hoped for a Cyborg Vs. Male fighter X bout to happen. Now all of that is out the window. Guys, Cristiane Cyborg Santos has tested positive for banned substances. This news comes straight from a press release from the California State Athletic commission, bumming out everyone in the process. Her fight against Yamanaka is now a no contest and pending an appeal we have to go through the nasty process of removing her from the Frate Trane list. Here is the whole sordid communication from the CSAC:
The California State Athletic Commission (CSAC) has suspended the license of Mixed Martial Arts (MMA) fighter Cristiane Justino Santos, better known in MMA circles as Cris Cyborg, and has fined her $2,500 as the result of a positive test for a banned substance.
Santos’ December 16, 2011 drug test came back positive for stanozolol metabolites. CSAC learned of the test results December 23, 2011 and suspended Santos’s license, with the suspension applied retroactively to December 16, 2011. In accordance with Rule 368, the result of her last fight between Hiroko Yamanaka will be changed to a “No Decision”.
“Our primary concern is for the health and safety of fighters,” said CSAC Executive Officer George Dodd. “Anabolic agents and other banned substances put not only the users of those agents at risk, but their opponents as well. The commission simply will not tolerate their use."
The use of certain substances, including anabolic steroids, is prohibited under the Commission’s regulations, and CSAC has among the toughest drug testing standards of any Athletic Commission in the country. It is the only commission that requires urine samples to be taken in the presence of a commission representative prior to a bout.
Santos’s provision of a urine sample was observed by a CSAC representative and the sample was sent to the World Anti-doping Agency test facility at the University of California, Los Angeles. Santos has the right to appeal the suspension of her license.
[Source]
There hasn't been a whole lot of news about the Chris Leben drug suspension, partially because Chris Leben failing drug tests is barely news anymore and partially because painkiller addiction is kinda a taboo subject. Here's Dr Johnny Benjamin talking with Mauro Ranallo about what exactly Chris was taking and what it means:
“The common names for those medications (that he got busted for) are Percosets and Dilaudid. These are some of the strongest and most addictive narcotic pain relievers that are on the market. They are derivatives of the Oxycontins and so on and so forth. Here in South Florida where I live, it’s wrecking havoc in this place. The problem is just that — their addictive potential is just off the charts.“I read all the blog sites and everybody’s all caught up, is it a performance enhancer? It’s a banned substance, it’s not a performance-enhancing substance list, it’s a banned substance list. And this is a place where sports in general and MMA in specific are trying to look out for the well being of the fighters because getting on this type of medication, as anybody will tell you, is very, very, very hard to get off. I don’t call these types of medications, the opiates, the narcotics, the Dilaudids, performance enhancers. I call them performance enablers.”...“But if you need as something as strong as Dilaudid which we give to terminal cancer patients when you know they’re not going to live and you just want to make them comfortable at all costs, when you’re getting into that sort of thing then everybody needs to step back and say, hey, this is a sport. What we really need to talk about is the quality of your life and what’s going on.”
Holy shit. Holy shit. Holy shit.
Ultimate Fighting Championship middleweight Chris Leben has been suspended for one year by the Las Vegas-based organization after testing positive for banned substances.
Most of you watched Strikeforce Houston and had to manually pick your jaws up off the floor at the tail-end of some considerable upsets. Between Fedor earning his first loss back in June, and Bobby Lashley & King Mo both earning their first L of their professional careers last night, it seems that the organization’s most marketable fighters have all reminded us why betting on MMA is probably the most irresponsible thing you could do with your rent money. I woke up this morning (broke) and the first thing I did was line my baseball cap with tin foil so my brain waves would be safe from government intruders. In fact, I didn’t even wear my usually Yankees cap, I’m actually wearing a tin foil-lined Phillies cap just to be even more incognito as I write this article in my bathtub. It’s one of those mornings where I’ve confirmed a sizable conspiracy, and as it unfolds, I have to be secretive so that Texas State Athletic Commission doesn’t send journalistic-assassins after me.
Sometime between yesterday and today, a new foreign substance allegedly went into play for select fighters of last night’s Strikeforce card. These screenshots below show a substance being ingested by King Mo and KJ Noons (coincidentally betting favorites) before their respective bouts.
Both containers appear to be the same substance and were ingested similarly by both fighters. They also resemble bottles of pure compressed oxygen like these that when ingested, could considerably improve an athlete’s stamina & cardio. What makes this interesting is that compressed oxygen is a substance banned from nearly every endurance sport, including MMA; in every state, including Texas. Check out what we found on the Texas state athletic comission’s website that outlines the rules of what supplies are allowed to accompany a fighter to the ring/cage:
(i) A second shall be responsible for a contestant’s corner supplies.
(1) Approved supplies are ice, which must be in an ice bag or Department approved container, water, cotton swabs, gauze pads, clean towels, Adrenalin 1:10,000, Avitene, Thromblin, petroleum jelly or other surgical lubricant, medical diachylon tape, Enswel, and electrolytes. Electrolytes must be brought to the ring in the manufacturer’s sealed container. Electrolytes must be opened for the first time in the presence of a representative of the Department. All coagulants shall be in a container with the proper manufacturer’s label and not contaminated by any foreign substance.
(2) All containers shall be properly labeled with the manufacturer’s label and not contaminated by any foreign substance.
(3) The use of an unapproved substance may result in disciplinary action.
(4) Only water and electrolytes shall be permitted for hydration of a contestant between rounds. Honey, glucose, or sugar, or any other substance may not be mixed with the water.
A complete list of rules can be found here.
The first thing you’ll notice that whatever that substance was, it’s not on the approved list above. For those of you wondering what the big deal is, the concept of breathing pure oxygen can help a free-diver double submersible time. It also helps climbers breathe at high altitude so that they can continue to ascend mountains at an normal pace, despite thin air. The entire concept behind the compressed-oxygen spray is to keep an athlete from tiring out, which would be OK, except when one person has this cardio-boosting puffer while his opponent doesn’t. Even if both sets of fighters in last night’s Strikeforce card were utilizing the oxygen supplement, it didn’t seem like there was any way to regulate how much either fighter ingested. Plainly, the more pure oxygen you consume, the better your cardio will be for the duration of the fight, and this introduces a significant variable in last night’s performances that we’ve never seen before.
Let’s suppose it was an asthma inhaler, the same concept holds true about its potential benefits to a fighter should he/she ingest it before competing. There’s a long documented history of asthma tablets being crushed up and mixed into sports drinks & water bottles of combat athletes in boxing matches. These boxers all got a second wind during their illegally contested bouts. The most notorious trainer to be accused of spiking his fighter’s water was Panama Lewis, who was banned from cornering boxers for his alleged role in removing an ounce of padding from Luis Resto’s gloves in a fight that ended up costing William Ray Collins Jr. his eyesight, boxing career, and eventually his life.
Although no deaths were caused last night (phew!), modifying safety equipment, or utilizing substances that give one fighter a clear advantage have legal and sometimes lethal ramifications. In King Mo’s case, it was a title fight, but he lost and it’s doubtful that Feijao’s camp will protest the outcome. However, in KJ Noon’s already controversial win (due to a haymaker that landed after the first round bell and an illegal knee to a downed opponent after the fight was waved-off), this may or may not become a problem should Jorge Gurgel decide to protest. We hope you to gain some transparency on the subject, all I know is they can’t pin this one on Lee Harvey Oswald.
Update: It appears that both fighters were using a TRUO2 Portable Oxygen Can. According to their official site it can "Maximize Power and Explosiveness! *Do More Reps or Sets in the Gym! *Increase Endurance and Stamina! *Dramatically Reduce Recovery Times! *Get more out of your Sports and Fitness Training! *Reach Your Goals in Less Time! *Improve Mental Focus and Clarity!". Here is a picture of the spray from their site.