Photo via Esther Lin / MMAFighting.com
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.
1 recs | 78 comments
So, had he taken the time, he could have avoided all of this?
Just….just…. this.
MicahtheCynic - February 18, 2012
Not necessarily. Keizer is saying that he could have applied is all, not that they would have given him one based on his application. Basically it is just Keizer doing what he is supposed to be doing as a politician and heading off some of the criticism.
Empty Thoughts - February 18, 2012
Criticism?
The rule is pretty clear. How can Kizer be criticised for Nick Diaz being a pot head and failing a drugs test?
YPG - February 18, 2012
BECAUSE 209 BITCH!
MicahtheCynic - February 18, 2012
Not at Kizer directly, but at the commission. Also, not from me but from everybody crying about how he has a exemption elsewhere and wasn’t allowed it there. A constant complaint among the hundreds of excuses.
Even though he never applied apparently…
Empty Thoughts - February 18, 2012
Sorry, not that he has a exemption elsewhere but that he has a medically proscribed use option.
Empty Thoughts - February 18, 2012
Here we go again.
Didn’t take long for someone to once again take blame off of Diaz and place it on someone else.
Crazynutts - February 18, 2012
Honestly, that isn’t even close to what I was saying there. In fact, I was very adamant in the other threads that I completely disagree with his usage at all and that it doesn’t bother me in the least to see him in trouble for it.
No clue where you got that I was defending Diaz from that.
Empty Thoughts - February 18, 2012
I was referring to you...
making the issue about Kizer.
Crazynutts - February 19, 2012
Tatsu Maki Sen Puu Kyaku - February 18, 2012
Kizer:
Body Triangle - February 18, 2012
Sing it Nick!
pud333 - February 18, 2012
Not getting a T.U.E.
NOT OKAY WITH KIZER
ElliotMatheny - February 18, 2012
It’s a given that Diaz himself wouldn’t have explored this option. I guess his camp just assumed that he would cleanse himself naturally like he has since after the Gomi fight. I can’t blame them for trusting he would do his part.
I think Diaz just had a lapse in judgement from nerves, and smoked after his detox deadline. I kind of have to assume that it would be at least a month before the test for a user of his frequency.
Jeremy Couturier - February 18, 2012
10 days, according to Cesar Gracie. Which I agree sounds crazy late.
Horselover Fat - February 18, 2012
Maybe if you’ve only done it once. With a user on the level that Diaz is, it’ll take much longer for sure.
pud333 - February 18, 2012
That's not how it works
Smoking pot once would clear out within a day or two for most people.
Its all about the % of body fat the person has.
I used to get test weeks. I was smoking very heavily at the time(like a good NorCal boy). I could smoke for a week then go off for a week and be completely clean.
I had even been tested while stoned after weeks of extremely heavy smoking and tested lower than people who barely smoked at all.
TheFilt - February 18, 2012
10 days, wow that is crazy late indeed.
Jeremy Couturier - February 18, 2012
Appparently not
He’s had no problems in 5 years using that system.
I’m inclined to believe he smoked after the 10 day period.
TheFilt - February 18, 2012
so what kizer is saying is
the deal makers should have been making deals.
tha dude - February 18, 2012
Better yet, just dont penalize someone for smoking weed
Problem solved. You’re welcome.
RandyCouture'sDivorceLawyer - February 18, 2012 via mobile
Because, it's not illegal in Nevada or anything.
Oh, wait.
MicahtheCynic - February 18, 2012
WELL BRO IT SHOULD BE YO
I TOTALLY NO WEED ISN’T BAD FOR ME. THERE WERE STUDIES BRO.
halitosis - February 18, 2012 via mobile
Nevada does offer medical marijuana
So it’s not completely illegal. That doesn’t make it ok for guys to test positive, I’m just saying….
cbrody111 - February 18, 2012
people have been confusing
Legal/illegal and banned.
filo bedo - February 18, 2012 via mobile
Diaz,
GET A NEW MANAGER!!!!!!!!!!!!!!!!!!!!!!!!
Cesar Gracie is a horrible manager. The more I follow Nick Diaz career, the more I realize that a good manager would have had Diaz career on fire years ago. I fully believe that Diaz doesn’t have as much money as he should have and it’s because his career has been mucked up by poor managment.
Daveyboy - February 18, 2012
Yeah seriously
If Cesar is going to be responsible for managing someone who really can’t handle his own career, he should be looking into all possible ways to make sure Nick DOES NOT test positive for a banned substance. You know, like inquiring about this type of shit.
“It’s totes cool Nick go ahead, you’ll probably just be clean anyway”
Body Triangle - February 18, 2012
perfect gif
Cunny - February 18, 2012
That gif rules.
Tim Burke - February 18, 2012
The Gracie’s camps motto should be “They’re out to get us”
UncleMax - February 18, 2012
Diaz is going to lose possibly a year of his prime and tens of thousands of dollars because he couldn’t do what millions before him have done, to pass a whizz quiz for MJ. A test that he knew he was going to have to take. How can you not blame Diaz here? You just know that he smoked during the weeks leading up to the fight, how dumb is that?
There is no way the commission gives him permission to smoke pot. There is no precedent for this is there?
Jeremy Couturier - February 18, 2012
The weed
is really just symbolic of both Diaz’s inability to manage his own career as well as his managment’s complete negligence in looking out for his best interest.
Daveyboy - February 18, 2012
Yeah. When’s the last time one of his fighters got a title shot or ME on network TV?
I doubt Nick makes much more than a half a mil per fight before sponsors. Cesar sucks!
TheFilt - February 18, 2012
Seriously
people are deranged. Ceasar’s guys seem to be doing pretty well to me. Even boring ones like Jake Shields are making pretty decent coin.
Nick is an odd duck. I don’t think a more by-the-book manager would necessarily get anything more out of him.
Dave Strummer - February 18, 2012
Nick was making around 150k per fight in SF
Cesar worked a deal that got him out of that contract and a guaranteed title fight against GSP, which he was reportedly going to make around 2 million dollars for according to Meltzer and some other journalists.
I really don’t know how these guys think he could be making more with someone else when he’s already one of the highest paid non-champions in the sport. The rematch with Carlos would have netted him over a million dollars.
I highly doubt another manager could even work with him. People forget the whole “I went to pick him up at his house but he jumped out the window” thing.
Even if you hold Nick’s hand(like the UFC and Cesar both do), you can’t force Nick to do anything rational.
You can lead a crazy horse to water but you can’t him drink.
TheFilt - February 18, 2012
"Cesar sucks!"
I agree. I rec’d you for that alone.
1) I’d love to see what Cesar’s cut is.
2) “When’s the last time…” You saw a manager’s fighter get kicked out of a title shot, skip public appearances and filming obligations and also pop for weed in 2 of the most important fights of his fighters career.
Ya Cesar’s got it dialed alright. $$$
Daveyboy - February 18, 2012
Are you talking about the title shot he just lost?
Bottom line: Nick is getting huge money fights, a ton of publicity and all on his own terms. Not to mention, Cesar made Nick the fighter he is.
I’d like to know who you think would be better.
TheFilt - February 18, 2012
My mistake
I meant kicked out of a main event. I don’t know who would be better but every time I hear Nick and his brother spout off about how unfair everything is and then I hear Cesar backing them up, I wonder what the fighters have actually been told/sold. Usually not many share their opinions which leads me back to the point that new management/agents/PR consultants could drastically change the path of Nick Diaz’s career.
Daveyboy - February 18, 2012
I honestly believe that's something they play up publicly
Cesar at least.
Nate’s just as crazy as Nick. Just a bit more under control. He honestly believed that Carlos was using water to cheat and was a prick for using spinning elbows(after being slapped by Nick).
I don’t think either of those two understand much outside of their bubbles.
I understand what you’re saying but MMA management is not the best in sports to say the least. I think its safer for Nick to go with the guy he understands and who understands him.
TheFilt - February 18, 2012
I can definitely agree that
Cesar is in the best position to help Nick. I just don’t think he’s doing a good job of it. I am a huge Nick Diaz fan and it’s kinda sad to watch him have such an uneccessarily turbulent career.
Daveyboy - February 18, 2012
Lawyer Up Nick
Major premise: therapeutic use of marijuana is authorized by the NSAC
Minor premise: Diaz uses marijuana for therapeutic use/coping issues
Conclusion: Nick…spend 8k on a decent lawyer and appeal this bullshit so we can watch a rematch with Condit
oousty - February 18, 2012
Kizer at the end of the hearing: The fact of the matter is that he tested positive for marijuana, and he’s suspended for it. He could have applied for exemption, but ignored it. So, one year suspension.
Diaz’s lawyer: I quit. I’m sick of this shit. I kept coming forward and coming forward, and he still suspends my client. Tired of this shit.
MicahtheCynic - February 18, 2012
No, please don't have Nick get a lawyer
Then will just have to hear him whine about another decision(Judges) that he thinks is wrong!
40 Cal. - February 18, 2012
No, not really, Nick has a case, a lawyer could compromise with the commission and refuse the sentence
Diaz Lawyer:
1. Mr. Kizer, my client needs his PRESCRIBED medication to function and help him cope with mental illness issues. I have affidavits from both Mr. Diaz’s primary care physician and his mental health counselor stating that Nick’s mental condition, without therapeutic MJ, will prevent him from performing normal everyday functions…etc
2. We admit failing to file to proper exemption paperwork and agree to pay the original fine. However, we feel that the one year suspension is unfair and too harsh for this matter and ask for you to reduce the sentence to 3 months. Nick’s medical use of MJ did not enable an advantage against Mr. Condit…etc
3. Please do not punish my client for his mental illness handicap…According to the Americans Disability Act of 1990 a commission/government body is prohibited from discriminating against employees/citizens with disabilities…this commission is in danger violating my clients rights…why are you unfairly punishing my disabled client…
4. To conclude…the NSAC authorizes the use of therapeutic MJ and Mr. Diaz uses his Prescribed MJ for his mental disability…etc….at this time we request the commission reduce this sentence and allow my disabled client to start earning a living again…
oousty - February 18, 2012
Kizer's Response:
NO!!!!
Little boy you’re going to HELL!
You said bad words
threw rocks at the birds
and now this is your hotel!
You aint goin’ back
this aint disneyland
it’s HELL!
MicahtheCynic - February 18, 2012
That would have been a great argument for a Tue.
Chris Hall - February 18, 2012 via Android app
What disability does Nick have?
Crazynutts - February 18, 2012
He's a Californian.
MicahtheCynic - February 18, 2012
He must have some kind of issue/disability to need the prescription.
That would be the argument.
40 Cal. - February 18, 2012
I’m pretty sure it’s for ADD
Tedd Welch - February 18, 2012
Is that even considered a disability?
I don’t think you can collect an SS check for that.
Crazynutts - February 19, 2012
If he was really slick...
then I’d imagine the lawyer could find a some legal justification for why publicly declaring across state lines (on signed legal documents nonetheless), that you are presently and will continue to knowingly violate federal law…
“You see Mr Kizer, it was my legal opinion that applying for such an exemption would expose my client to undue legal liability despite his lawful behavior. We accept the judgement that he did not clean his body to the extent required, but plea for leniency in sentencing.”
Bloody L - February 18, 2012
Typo: …that you are presently and will continue to knowingly violate federal law is a bad idea…
Bloody L - February 18, 2012
I don’t see how that would work, given that Nevada has medical marijuana laws of it’s own.
http://health.nv.gov/medicalmarijuana.htm
Nick should have got himself a medical marijuana card in Nevada (in addition to his California card) and then applied to NSAC for a TUE based on that.
Steve4192 - February 18, 2012
is making that argument in a legal document that much worse than having the card or telling the media that he smokes?
also, smoking isn’t illegal. possessing, growing, and selling are. feds can’t do anything with that signed statement that they can’t already do with the info they have.
Phildo - February 18, 2012 via Android app
Um...
No court of law would have any of this. If there was an avenue around this dilemma (two, actually, if he just didn’t smoke) then he has nothing to stand on.
halitosis - February 18, 2012 via mobile
Right, but are they allowed to seek counsel for the suspension hearing?
Chris Hall - February 18, 2012 via Android app
He actually does have a case. The weed and alcohol tests are specifically to negate in competition use. Of nick can prove he was in no way under the influence at the tike of competition he at least has a case.
Chris Hall - February 18, 2012 via Android app
Not really
I don’t claim to know much about law, but Diaz signed a contract. That contract is an agreement between him and the state athletic commission saying that he will not use banned substances, their time of use notwithstanding. He had avenues to avoid this debacle, and that pretty much seals the deal that he won’t get anything from taking it to court. Just because he didn’t use weed at the time of the fight doesn’t make his case stronger.
halitosis - February 18, 2012
And that will be the debate if he takes this defense. What timeline qualifies “in competition” use? How long before a fight are you not allowed to drink?
btw, I’m not saying this route necessarily clears him, just that its his strongest argument.
Chris Hall - February 18, 2012 via Android app
that argument would work a lit better. he should have applied for an exemption and/or suggested an alternative testing method. he knew their testing method, he got busted.
Phildo - February 18, 2012 via Android app
should say that argument would work better beforehand.
Phildo - February 18, 2012 via Android app
Key words is this post. :)
Sorry, couldn’t help it.
TheFilt - February 18, 2012
great.....
another potential 500+ comments post.
carmine99 - February 18, 2012
Nah, there's no real controversy to debate here
someone just made a mistake :\
UncleMax - February 18, 2012
love him or hate him...
nick diaz gets people riled up like no other, after 143, so many 500+ posts for days back to back, never seen shit like that, not even brock lesnar articles.
carmine99 - February 18, 2012
First person to bring up
“Bro this rule is stupid bro. He uses it for medicine, bro” gets pistol-whipped. THAT HAS NOTHING TO DO WITH THIS POST.
Farthammer - February 18, 2012
This rule is stupid.
Bro.
insamniac - February 18, 2012
*pistol whip*
THAT HAS NOTHING TO DO WITH THIS POST
halitosis - February 18, 2012
I Beleive This Whole Issue Is A Joke
I Hope Diaz Doesnt Get Suspended, comes back arm bars condit’s arm out of his socket…victory blunt afterwards
Melodic KO - February 18, 2012
Not happening.
Diaz’s face seems to be a great magnet for Condit’s foot.
MicahtheCynic - February 18, 2012
I don't think Kizer grants a TUE for a substance that is illegal in that particular state.
discoandherpes - February 18, 2012
You may be right
But that’s irrelevant if no one applies for one.
Chris Hall - February 18, 2012 via Android app
But I don't think the legality of it in NV is a problem in this case.
Because Diaz wouldn’t be asking for the exemption to allow him to use on fight day in NV. He would be asking to be able to have a small amount of THC in his system from smoking in CA (where he is allowed) prior to the fight. The BIG problem(s) with his argument would be is there a way for the commission to come up with some kind of cut off date where he would have to stop by, and would they be able to tell from the test they give if he did or didn’t stop on time. What I’m wondering is if Kizer is saying that it’s possible to apply for a TUE for weed then there must be some kind of policy in place to grant them. If not why would they even have it as an option to apply when they could just say it’s banned plain and simple just like you can’t apply for a TUE for cocaine or other illegal drugs.
40 Cal. - February 18, 2012
http://health.nv.gov/medicalmarijuana.htm
Steve4192 - February 18, 2012
That didn’t work too well for Sonnen and Marquardt.
Kenya_MMA - February 18, 2012
Sonnen didn’t apply for one either. And marquardt failed to meet the terms of his exemption.
Chris Hall - February 18, 2012 via Android app
and those are 2 examples of why, “my doctor says I can do it” by itself is not enough to get an exemption or get out of a failed test.
Phildo - February 18, 2012 via Android app
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