NSAC Explains Nick Diaz Could Have (But Didn't) Request Exemption For Marijuana Use
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.
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So, had he taken the time, he could have avoided all of this?
Just….just…. this.
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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.
by Empty Thoughts on Feb 18, 2012 10:29 AM EST up reply actions
Criticism?
The rule is pretty clear. How can Kizer be criticised for Nick Diaz being a pot head and failing a drugs test?
by YPG on Feb 18, 2012 10:51 AM EST up reply actions 1 recs
BECAUSE 209 BITCH!
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by MicahtheCynic on Feb 18, 2012 10:52 AM EST up reply actions 3 recs
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…
by Empty Thoughts on Feb 18, 2012 12:28 PM EST up reply actions
Sorry, not that he has a exemption elsewhere but that he has a medically proscribed use option.
by Empty Thoughts on Feb 18, 2012 12:39 PM EST up reply actions
Here we go again.
Didn’t take long for someone to once again take blame off of Diaz and place it on someone else.
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.
by Empty Thoughts on Feb 18, 2012 12:29 PM EST up reply actions
Sing it Nick!
I was gonna go tell Kizer until I got high.
I was gonna get up and find the note but then I got high.
I got popped for weed and I know why…
Because I got high… because I got high… because I got high…
"You've got Floyd Mayweather making $25 million. He can't stop a double-leg..." Nick Diaz.
by pud333 on Feb 18, 2012 10:28 AM EST reply actions 5 recs
Not getting a T.U.E.
NOT OKAY WITH KIZER
There's no moral order at all. There's just this: can my violence conquer yours?
by ElliotMatheny on Feb 18, 2012 1:19 PM EST up reply actions
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.
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by Jeremy Couturier on Feb 18, 2012 10:30 AM EST reply actions
10 days, according to Cesar Gracie. Which I agree sounds crazy late.
"I want to tell me what you see, let's go ahead and see by the fight, what you saw, in the ring."
by Horselover Fat on Feb 18, 2012 11:04 AM EST up reply actions
Maybe if you’ve only done it once. With a user on the level that Diaz is, it’ll take much longer for sure.
"You've got Floyd Mayweather making $25 million. He can't stop a double-leg..." Nick Diaz.
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.
"I'm ready for fight. If I'm win, no win. I don't know. But, I'm ready for fight. This is my working[shrugs shoulders]" - Anderson Silva
"You'll get Lil Wayne in woman pants and like it!" - Krimson
10 days, wow that is crazy late indeed.
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by Jeremy Couturier on Feb 18, 2012 11:36 AM EST up reply actions
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.
"I'm ready for fight. If I'm win, no win. I don't know. But, I'm ready for fight. This is my working[shrugs shoulders]" - Anderson Silva
"You'll get Lil Wayne in woman pants and like it!" - Krimson
so what kizer is saying is
the deal makers should have been making deals.
Better yet, just dont penalize someone for smoking weed
Problem solved. You’re welcome.
My daddy didn't come to my play in 2nd grade so now I do MMA.
by RandyCouture'sDivorceLawyer on Feb 18, 2012 10:44 AM EST via mobile reply actions
Because, it's not illegal in Nevada or anything.
Oh, wait.
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by MicahtheCynic on Feb 18, 2012 10:51 AM EST up reply actions 3 recs
WELL BRO IT SHOULD BE YO
I TOTALLY NO WEED ISN’T BAD FOR ME. THERE WERE STUDIES BRO.
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by halitosis on Feb 18, 2012 11:05 AM EST via mobile up reply actions 2 recs
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….
people have been confusing
Legal/illegal and banned.
by filo bedo on Feb 18, 2012 1:55 PM EST via mobile up reply actions
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.
by Daveyboy on Feb 18, 2012 10:50 AM EST reply actions 2 recs
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”

by Body Triangle on Feb 18, 2012 10:54 AM EST up reply actions 4 recs
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?
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by Jeremy Couturier on Feb 18, 2012 11:00 AM EST up reply actions
Cesar Gracie is a horrible manager.
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!
"I'm ready for fight. If I'm win, no win. I don't know. But, I'm ready for fight. This is my working[shrugs shoulders]" - Anderson Silva
"You'll get Lil Wayne in woman pants and like it!" - Krimson
by TheFilt on Feb 18, 2012 2:15 PM EST up reply actions 1 recs
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.
Tatum: I think he's a good man. I like him. I got nothing against him, but I'm definitely gonna make orphans of his children.
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by Dave Strummer on Feb 18, 2012 2:21 PM EST up reply actions 2 recs
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.
"I'm ready for fight. If I'm win, no win. I don't know. But, I'm ready for fight. This is my working[shrugs shoulders]" - Anderson Silva
"You'll get Lil Wayne in woman pants and like it!" - Krimson
"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. $$$
You saw a manager’s fighter get kicked out of a title shot
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.
"I'm ready for fight. If I'm win, no win. I don't know. But, I'm ready for fight. This is my working[shrugs shoulders]" - Anderson Silva
"You'll get Lil Wayne in woman pants and like it!" - Krimson
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.
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.
"I'm ready for fight. If I'm win, no win. I don't know. But, I'm ready for fight. This is my working[shrugs shoulders]" - Anderson Silva
"You'll get Lil Wayne in woman pants and like it!" - Krimson
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.
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
You gotta pay the troll toll to get into this boy's hole, you gotta pay the troll toll to get in.
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.
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by MicahtheCynic on Feb 18, 2012 11:03 AM EST up reply actions 5 recs
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!
" Its like when I'm right I'm right, when I'm wrong I coulda been right, so I'm still right cause I coulda been wrong, you know, and I'm sorry cause I could be wrong right now, I could be wrong, but I'm right..." Bama
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…
You gotta pay the troll toll to get into this boy's hole, you gotta pay the troll toll to get in.
by oousty on Feb 18, 2012 11:31 AM EST up reply actions 4 recs
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!
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by MicahtheCynic on Feb 18, 2012 11:32 AM EST up reply actions
That would have been a great argument for a Tue.
Pat Barry made a wrestle - some schmuk in texas
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by Chris Hall on Feb 18, 2012 11:32 AM EST via Android app up reply actions
He's a Californian.
A writer looking for a new home.
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The 209: Where we don't fight unless there's five guys on one, run away from the media, cry like babies when we lose decisions, and get finished by convicted sex offenders.
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by MicahtheCynic on Feb 18, 2012 11:54 AM EST up reply actions
He must have some kind of issue/disability to need the prescription.
That would be the argument.
" Its like when I'm right I'm right, when I'm wrong I coulda been right, so I'm still right cause I coulda been wrong, you know, and I'm sorry cause I could be wrong right now, I could be wrong, but I'm right..." Bama
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.”
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.
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.
by Phildo on Feb 18, 2012 11:01 PM EST via Android app up reply actions
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.
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by halitosis on Feb 18, 2012 11:10 AM EST via mobile up reply actions
Right, but are they allowed to seek counsel for the suspension hearing?
Pat Barry made a wrestle - some schmuk in texas
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by Chris Hall on Feb 18, 2012 11:11 AM EST via Android app up reply actions
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.
Pat Barry made a wrestle - some schmuk in texas
I don't know more about MMA than you, I just act like it at HeadKickLegend
Follow me on Twitter @chris81203
by Chris Hall on Feb 18, 2012 11:14 AM EST via Android app up reply actions
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.
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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.
Pat Barry made a wrestle - some schmuk in texas
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Follow me on Twitter @chris81203
by Chris Hall on Feb 18, 2012 11:24 AM EST via Android app up reply actions
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.
by Phildo on Feb 18, 2012 10:55 PM EST via Android app up reply actions
should say that argument would work better beforehand.
by Phildo on Feb 18, 2012 10:56 PM EST via Android app up reply actions
great.....
another potential 500+ comments post.
Nah, there's no real controversy to debate here
someone just made a mistake :\
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.
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.
BOOSH
*pistol whip*
THAT HAS NOTHING TO DO WITH THIS POST
Please donate what you can to the Daniel James Miller Foundation.
Ruining your special night roster: (mostly because I forget who's on my team)
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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
Not happening.
Diaz’s face seems to be a great magnet for Condit’s foot.
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by MicahtheCynic on Feb 18, 2012 11:24 AM EST up reply actions
I don't think Kizer grants a TUE for a substance that is illegal in that particular state.
by discoandherpes on Feb 18, 2012 11:27 AM EST reply actions
You may be right
But that’s irrelevant if no one applies for one.
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by Chris Hall on Feb 18, 2012 11:29 AM EST via Android app up reply actions
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.
" Its like when I'm right I'm right, when I'm wrong I coulda been right, so I'm still right cause I coulda been wrong, you know, and I'm sorry cause I could be wrong right now, I could be wrong, but I'm right..." Bama
Sonnen didn’t apply for one either. And marquardt failed to meet the terms of his exemption.
Pat Barry made a wrestle - some schmuk in texas
I don't know more about MMA than you, I just act like it at HeadKickLegend
Follow me on Twitter @chris81203
by Chris Hall on Feb 18, 2012 12:47 PM EST via Android app up reply actions 3 recs
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.
by Phildo on Feb 18, 2012 11:04 PM EST via Android app up reply actions

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