NSAC Opposes Diaz Injunction

Nick Diaz is in a precarious situation. After his loss to Carlos Condit at UFC 143, Diaz announced his retirement; shortly after, the Nevada State Athletic Commission announced Diaz failed the drug test (marijuana metabolites) and a suspension hearing is pending. That was 3 months ago. There have been a few developments we’ve reported about here on mmafightcorner.com, but the most recent is the NSAC rejection of Nick Diaz’s injunction against suspension.

Diaz is looking to set a legal precedent in a state that approved the medical use of marijuana and precludes employers punishing medicinal users. There is a huge gray area, however, and the NSAC is counting on the state law not applying to the athletic commission rules… not to mention federal marijuana laws. Dana White commented with his interpretation of the law/regulations and shared his own opinion on the matter, saying, “Listen, marijuana is illegal… you can’t smoke it.”

Since Diaz filed the injunction against the suspension, the NSAC has publicly commented that, “Diaz has failed to exhaust his administrative remedies,” and further argues that he is “not likely to succeed on the merits of his arguments.” The legal proceedings are very sticky, especially when considering a legal precedent such as this.

Diaz is likely suing the commission specifically to get the case heard in a state court that is bound by the Nevada marijuana laws as opposed to commission rules. The NSAC infers Diaz doesn’t have a leg to stand on because of administrative slip ups by his lawyer, Ross Goodman. A couple key slip ups include failure to provide his marijuana recommendation to the Attorney General and the fact no temporary suspension was issued when Goodman filed the injunction against it.

The Nevada AG’s office has filed a document with the court that opposes the injunction and cites the administrative mistakes as the primary basis for their opposition. On Monday, a judge will determine if the NSAC can continue with its proceedings or if the case will be heard in state court. Diaz’s future rests in the hands of the judges once again, and that is rarely a good thing. He may be in a precarious situation, but if he is seriously considering retirement this could be his way to publicly voice his disagreement with a policy against marijuana metabolites that arguably has no place on the banned substances list.

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