Photo by Esther Lin for MMA Fighting.
Ross Goodman, the attorney of UFC Welterweight contender Nick Diaz, has filed a new complaint letter with the Nevada State Athletic Commission (NSAC). Diaz has been suspended since UFC 143 when he failed a post-fight drug test after losing a decision to Carlos Condit in an interim title bout.
Goodman's new claim is response to an allegation by the NSAC that lied on his pre-fight questionnaire (pdf), by not listing marijuana as a prescription drug he was using and checking "no" on a box asking about prescription drug use. Diaz has a doctor's recommendation that he use medical marijuana to treat attention deficit hyperactivity disorder (ADHD). Medical marijuana is legal in Nevada and California.
Goodman further claims that the NSAC complaint "does not allege any facts supporting that Diaz violated a rule"and that "after the fact allegations impugning Diaz's character serve to distract from the core issue that Nevada does not prohibit inactive marijuana metabolites."
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That means that the presence of inactive marijuana metabolites does not indicate marijuana use immediately prior to competition -- ie there is no evidence that Diaz fought stoned. This line of argument was first publicly raised by Vancouver Athletic Commission member Jonathan Tweedale here at Bloody Elbow.
Goodman also contends that his client's drug use should be considered "out of competition" as it was stopped eight days before for the fight and that marijuana metabolites do not qualify as "drugs of abuse" -- nor are they listed as a prohibited substance.
Goodman's complete response to the Nevada State Athletic Commission is here. (PDF)