Nick Diaz’s Attorney Issues Second Response to NSAC

Written by Tom Ngo
April 12th, 2012

UFC Nick Diaz

Nick Diaz’s (Pictured) attorney, Ross Goodman, has issued a second response to the Nevada State Athletic Commission. His latest complaint addresses the board’s recent accusation that his client lied on his UFC 143 pre-fight questionnaire regarding his use of medical marijuana. 

Diaz checked “no” when asked if he had taken any prescribed or over-the-counter drugs within two weeks of his February 4th fight, or if he suffered from any serious medical conditions. The commission believes the welterweight fibbed because he had consumed marijuana prior to facing Carlos Condit.

Goodman contends Diaz responded to the best of his knowledge and did not supply the NSAC with false or misleading information because marijuana is neither a prescribed nor an over-the-counter drug.

“Absent a finding that Diaz intended to deceive the commission in providing the answers he did, it is not open to the commission to find that Diaz provided ‘false or misleading’ information,” the complaint stated.

“In the absence of prescribed definitions, Diaz relied on the general understanding of the terms ‘prescribed medications,’ ‘over the counter medications,’ and ‘serious medical illness.’”

He also submitted a signed letter from Dr. Robert E. Sullivan, the physician who prescribed Diaz medical marijuana in the state of California to help treat his case of Attention Deficit Hyperactivity Disorder. Sullivan professes ADHD is not considered a “serious medical condition” and his patient was correct in not acknowledging it as such on his form.

Goodman also reaffirmed the stance they took in their original March 7th filing; Diaz should not be subjected to disciplinary action because marijuana metabolites are not a banned substance as defined by Nevada’s governing body for legal users of the drug.

Diaz is currently serving a temporary suspension handed down by the commission on February 22nd. The controversial 28-year-old currently faces a year-long ban.

It is the second time in five years the NSAC discovered marijuana metabolites in his system. Diaz did not contest his six-month suspension in 2007.

Team Diaz is still waiting for their opportunity to stand before the board. The NSAC’s next meeting is slated for April 24th, but Diaz is not currently scheduled on the docket. UFC heavyweight Alistair Overeem is, however, which completely baffles Diaz’s longtime manager.

“NSAC keeps delaying Nick’s hearing, meanwhile juicers are OK to fight. Incredible,” Cesar Gracie tweeted Wednesday.

Don’t forget to follow @5thRound on Twitter, Facebook and Google+!