The saga of Nick Diaz and the Nevada State Athletic Commission continues, as Diaz’s attorney Ross Goodman has again responded publicly to the NSAC, this time in regards to an amended complaint made against his client.
This is confusing, so let’s take it back to the beginning.
Following his controversial UFC 143 loss to Carlos Condit this past February, Diaz tested positive for marijuana metabolites (he also retired, but that’s a different story). The important difference to note here is that Diaz did not register the presence of marijuana’s active ingredient, Delta-9-THC, only its metabolites (THC-Carboxylic Acid). This indicates only its passive presence in his system.
This is notable as marijuana metabolites are not listed as banned substances by the NSAC. Diaz is also recognized by the state of California as having a medical condition serious (this is important to note) enough to warrant the excused, legal use of marijuana as treatment. Diaz claims not to have smoked for eight days before competition, making his marijuana use out of competition and within the bounds of his green card.
It was revealed that Goodman intended to defend his client on the grounds that Diaz did not in fact break any rules by testing positive for the inactive compound in marijuana. His use was legal and out of competition, exonerating him of the charges.
Upon learning of this planned defense, the NSAC publicly accused Diaz of lying on his pre-fight questionnaire for denying that he was taking any prescription or over the counter medication. Goodman hotly responded by pointing out that, under California state law, medical marijuana patients do not have marijuana prescriptions as marijuana is not considered legal for prescribing.
The NSAC went ahead and filed an amended complaint on these grounds, alleging that Diaz did provide “false or misleading” information to the NSAC by answering no to the medication question, as well as for saying that he wasn’t suffering from any serious diseases. The NSAC points to California state law, which holds that marijuana can only be administered as medication to those patients who suffer from serious diseases, as evidence that Diaz must be suffering from a serious disease.
Diaz is taking marijuana to treat his attention deficit hyperactivity disorder (ADHD).
Now to Goodman’s latest response, which is broken into two main points.
Goodman sticks to his guns that Diaz didn’t technically do anything worthy of inciting a complaint from the NSAC in the first place, pointing out again that marijuana metabolites are not listed as banned substances by the NSAC. His second point, which addresses the new complaint, is that Diaz’s answers were provided, per the questionnaire’s wording, only at “the best of his knowledge”.
Diaz’s official date in front of the NSAC has not yet been scheduled. It is important to note that the fighter tested positive for marijuana once before in Nevada, following his landmark Pride 33 win over Takanori Gomi in 2007.
For the full text of Goodman’s response to the NSAC’s amended complaint, visit FightOpinion.