Nick Diaz Sues NSAC for Violating His Right to Due Process

Written by Tom Ngo
April 26th, 2012

UFC Nick Diaz

Although Nick Diaz (Pictured) is a retired mixed martial artist, the (former) UFC welterweight is still doing all he can to fight the Nevada State Athletic Commission’s temporary suspension. On Tuesday, Diaz filed a lawsuit against the NSAC for violating his right to due process.

Diaz’s latest attempt to clear his name was first reported by MMAFighting on Thursday evening.

Attorney Ross C. Goodman requests for a Nevada court to lift the NSAC’s ban and slam the door on any further punitive proceedings. He claims the commission has violated his client’s right to due process by failing to promptly provide a hearing so Diaz can present his case.

After dropping a unanimous decision to Carlos Condit at UFC 143, Diaz tested positive for having marijuana metabolites in his system. The NSAC immediately revoked his license.

Because it is the second time he’s been busted for the sticky icky, the former Strikeforce champion is facing the prospects of a 12-month suspension from his February 4th fight date.

On March 7th, Goodman filed a response to the commission claiming neither marijuana nor marijuana metabolites are illegal for medical marijuana patients in the state of Nevada or California, where Diaz resides and obtained his hemp license.

Furthermore, marijuana itself was not found in his client’s system, marijuana metabolites were. However, marijuana metabolites are not listed as a banned substance with the World Anti-Doping Agency, whose laws have been adopted by the NSAC.

Goodman issued a second response earlier this month to address the board’s accusation that his client lied on his UFC 143 pre-fight questionnaire. Diaz checked “no” when asked if he had taken any prescribed or over-the-counter drugs within two weeks of his fight, or if he suffered from any serious medical conditions.

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

They attempted to get on the commission’s docket this past Tuesday to plead their case, but the NSAC denied their request. However, Alistair Overeem was allowed to defend his failed drug test for elevated levels of testosterone.

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