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NSAC Explains Nick Diaz Could Have (But Didn't) Request Exemption For Marijuana Use

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.

SBN coverage of UFC 143: Diaz vs. Condit

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So, had he taken the time, he could have avoided all of this?

Just….just…. this.

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by MicahtheCynic on Feb 18, 2012 10:11 AM EST reply actions  

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

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.

by Crazynutts on Feb 18, 2012 11:45 AM EST up reply actions  

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  

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.

by pud333 on Feb 18, 2012 11:30 AM EST up reply actions  

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

by TheFilt on Feb 18, 2012 2:07 PM EST up reply actions  

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

by TheFilt on Feb 18, 2012 2:08 PM EST up reply actions  

so what kizer is saying is

the deal makers should have been making deals.

by tha dude on Feb 18, 2012 10:30 AM EST reply actions  

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  

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….

by cbrody111 on Feb 18, 2012 1:37 PM EST up reply actions  

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

That gif rules.

"I don't know where this term "training camp" in MMA came from. There's no campground. There's no tents." - Nick Diaz

My twitter: @TB_Money

by Tim Burke on Feb 18, 2012 3:34 PM EST up reply actions  

The Gracie’s camps motto should be “They’re out to get us”

by UncleMax on Feb 18, 2012 10:54 AM EST up reply actions  

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?

Team NED STARK'S BASTARDS...the Cheick Kongo of BECW

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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

by TheFilt on Feb 18, 2012 3:49 PM EST up reply actions  

"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. $$$

by Daveyboy on Feb 18, 2012 3:48 PM EST up reply actions  

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

by TheFilt on Feb 18, 2012 3:51 PM EST up reply actions  

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.

by Daveyboy on Feb 18, 2012 3:57 PM EST up reply actions  

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

by TheFilt on Feb 18, 2012 4:02 PM EST up reply actions  

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.

by Daveyboy on Feb 18, 2012 4:13 PM EST up reply actions  

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.

by oousty on Feb 18, 2012 10:53 AM EST reply actions  

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

by 40 Cal. on Feb 18, 2012 11:12 AM EST up reply actions  

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!

A writer looking for a new home.
Part of Team Luke Thomas' Beard (LTB)
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.

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

I don't know more about MMA than you, I just act like it at HeadKickLegend

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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.
Part of Team Luke Thomas' Beard (LTB)
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.

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

by 40 Cal. on Feb 18, 2012 11:59 AM EST up reply actions  

I’m pretty sure it’s for ADD

My name isn't Todd.

by Tedd Welch on Feb 18, 2012 3:35 PM EST up reply actions  

Is that even considered a disability?

I don’t think you can collect an SS check for that.

by Crazynutts on Feb 19, 2012 1:46 AM EST up reply actions  

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.”

by Bloody L on Feb 18, 2012 1:18 PM EST up reply actions  

Typo: …that you are presently and will continue to knowingly violate federal law is a bad idea

by Bloody L on Feb 18, 2012 1:20 PM EST up reply actions  

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.

by Steve4192 on Feb 18, 2012 1:33 PM EST up reply actions  

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

I don't know more about MMA than you, I just act like it at HeadKickLegend

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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.

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)

Earl Montclair (Captain), Me, KJ_ZametovStPierre, AboveThisFire, RobertCowan, sunyue, Farthammer, trice, DirtyML, Rutager, and mountaineers101

by halitosis on Feb 18, 2012 11:19 AM EST up reply actions  

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

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 11:24 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  

I don’t claim to know much about law,

Key words is this post. :)

Sorry, couldn’t help it.

"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 2:11 PM EST up reply actions  

great.....

another potential 500+ comments post.

by carmine99 on Feb 18, 2012 11:10 AM EST reply actions  

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.

by carmine99 on Feb 18, 2012 11:39 AM EST up reply actions  

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

by Farthammer on Feb 18, 2012 11:18 AM EST reply actions  

*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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by halitosis on Feb 18, 2012 11:20 AM EST up reply actions  

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

by Melodic KO on Feb 18, 2012 11:23 AM EST reply actions  

Not happening.

Diaz’s face seems to be a great magnet for Condit’s foot.

A writer looking for a new home.
Part of Team Luke Thomas' Beard (LTB)
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.

by MicahtheCynic on Feb 18, 2012 11:24 AM EST up reply actions  

You may be right

But that’s irrelevant if no one applies for one.

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 11:29 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

by 40 Cal. on Feb 18, 2012 11:55 AM EST up reply actions  

That didn’t work too well for Sonnen and Marquardt.

by Kenya_MMA on Feb 18, 2012 12:42 PM EST reply actions  

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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