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Neutral reporting on the Nick Diaz suspension

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Neutral reporting on the Nick Diaz suspension

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Side note, this is a picture of Conor McGregor, not Nick Diaz. This annoys me, but its a good, neutral article.

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The Nevada Athletic Commission finally had enough of Nick Diaz. In a shocking decision, Nevada commissioners voted Monday to levy an unprecedented five-year suspension on the outspoken UFC contender, stemming from a failed post-fight drug test on Jan. 31 at UFC 183.

The suspension, retroactive to fight night, was passed unanimously at a hearing in Las Vegas. Diaz was also fined $165,000 -- 33-percent of his $500,000 UFC 183 fight purse.

Nevada commissioners pointed to Diaz's status as a repeat offender when discussing the severity of their punishment. Diaz tested positive for marijuana use in Nevada in both 2007 and 2012.

"We had an athlete that came before us in 2007 and he promised, 'I'm not going to do this ever again,"' commissioner Pat Lundvall said. "Then we saw him again in 2012, and we know that he failed to show for a drug test then in 2009. We're now in 2015, and it doesn't appear that any of these proceedings have had an impact on the athlete, and it doesn't appear that the athlete is afforded the respect that this commission and the opportunity and the privilege for him to fight in the state then affords."

Under the proposed amendments to the NAC drug code, which go into effect later this year and were not valid at the time of Diaz's fight, a third-time positive test for marijuana metabolites would constitute a three-year suspension.

Diaz's attorney Lucas Middlebrook informed reporters following the hearing that Diaz plans to appeal the commission's decision, referring the judgment as a "vendetta suspension," according to ESPN.

Diaz, 32, submitted three urine samples on the night of Jan. 31: one prior to his fight against Anderson Silva (administered at 7:12 p.m.), and two in the hours afterward (administered at 10:38 p.m. and 11:55 p.m.).

Of those three samples, the first and the third were administered under World Anti-Doping Agency (WADA) protocol and submitted for testing to the WADA-accredited Sports Medicine Research and Testing Laboratory in Salt Lake City, UT. Both of those tests came back clean.

The 10:38 p.m. test, however, was administered by a separate testing representative and submitted to Quest Diagnostics, a non-WADA accredited lab in New Jersey. That test came back over the threshold for allowable marijuana metabolites, resulting in the lone positive test.

The 'B' sample for the Quest result was never requested for testing.

Diaz's defense, led by Middlebrook, argued that the existence of two negative tests taken the span of a few hours, both conducted under WADA protocol, cast the Quest result as "scientifically unreliable" and an "inexplicable outlier."

"There is simply no medically plausible explanation for the Quest result of 733 ng/ml. None whatsoever," Middlebrook argued. "Yet in arbitrary and capricious fashion, this commission has filed a disciplinary complaint against Mr. Diaz in a situation where two tests results from a WADA-approved lab produced negative results -- negative results that bookend the erroneous result within a matter of hours, yet the complaint makes absolutely no mention of those two negative tests. None whatsoever.

"At best, this is an ostrich-like head-in-the-sand mistake. At worst, this is a gross and blatant misrepresentation of the facts."

Middlebrook also pointed to several discrepancies within the test's chain of custody, namely that collector Aldo Galvan failed to observe WADA protocol by sealing the sample himself, that Galvan did not check a box on a collection form which indicated the sample collection had been observed by inspectors, and that once the sample was sent to Quest, it was done so with Diaz's name affixed to it, betraying Diaz's right to athlete anonymity.

An expert witness provided by Diaz's defense expressed doubt as to the validity of the positive test, arguing that it was "not medically possible" for an individual to hydrate themselves so thoroughly within a span of less than two hours as to dilute their urine enough to cause the dramatic separation from the 10:38 p.m. results and the 11:55 p.m. negative test.

Over the course of over three hours, Middlebrook laid out his defense opposite Nevada deputy attorney general Christopher Eccles, at times growing heated with the demeanor of the commissioners. Several objections from Middlebrook in regards to lines of questioning were overruled, including one instance that prompted dismissive laughter from chairman Francisco Aguilar.

The state called Diaz to the stand but, on the advice of the fighter's counsel, Diaz refused to speak, citing his fifth amendment rights. This decision drew the ire of commissioners, and resulted in a lengthy back-and-forth in which Lundvall asked Diaz a litany of rapid-fire questions only to receive a variation of the same response from the fighter, much to the disgust of the defense.

"Mr. Diaz is going to answer the same answer to every question," the fighter's team objected. "The only purpose for this exercise is to create a spectacle to embarrass him, ma'am, and to undermine his exercise of constitutional rights."

Lundvall dismissed the claim, but was again interrupted, this time by Middlebrook.

"Respectfully, we disagree with your interpretation of the laws," Middlebrook said. "And albeit, while you may be governed by your commission's regulations, I believe the United States constitution and the Nevada state constitution trump those regulations. But proceed with your misinterpretation of the law."

The commission ultimately circled back to the theme that Diaz had allegedly falsified his pre-fight medical questionnaire by failing to disclose his marijuana use, and pointed to the positive test from Quest as proof enough of Diaz's wrongdoing.

Lundvall initially proposed a lifetime ban for Diaz's repeated offenses, stating that Diaz "should not be entitled to the privilege to fight in this state" because of a pattern of "flaunting [the commission's] requirements." Commissioners Anthony Marnell and Skip Avansino were hesitant to agree to such drastic measures for marijuana use, and ultimately the commission agreed on a five-year sentence, with chairman Francisco Aguilar noting Diaz's attitude as a contributing factor to the decision.

"If this were solely a case of marijuana, I think it would be on the lower end for me. This is not just a case of marijuana. I think this is a case of a complete lack of disregard for the sport," Aguilar said.

"This is an issue of marijuana, a lack of being forthright, it's a lack of cooperating to make this sport better, it's a lack of disregard for the rules, which I think hurts the other athletes just as much. Look, I don't have any ego on this commission. There may be some who think I do, but I don't. It's just, we've got to do what our job is to do as a regulator, and this is not just solely a case of marijuana."

If the suspension stands, Diaz will be 36 years old when allowed to return to competition.

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Nick Diaz suspended five years for marijuana use

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The Nevada Athletic Commission finally had enough of Nick Diaz. In a shocking decision, Nevada commissioners voted Monday to levy an unprecedented five-year suspension on the outspoken UFC contender, stemming from a failed post-fight drug test on Jan. 31 at UFC 183. The suspension, retroactive to fight night, was passed unanimously at a hearing in Las Vegas.

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Nick Diaz suspension was excessive and unfair. 

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Nick Diaz suspension was excessive and unfair. 

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This is my positive article. It shows the absurd suspensions given for marijuana use and also includes a video of Nick Diaz talking about his suspension.

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The Nevada State Athletic Commission decided Monday to suspend UFC fighter Nick Diaz for five years and fine him roughly for ... wait, what? For smoking some weed?

NICK DIAZ SUSPENDED FIVE YEARS FOR MARIJUANA
- Brett Okamoto (@bokamotoESPN) September 14, 2015

Holy crap, yes, they are. That's what just happened. Diaz has been suspended for half a decade because he tested positive for marijuana for a third time after his fight against Anderson Silva at UFC 183 in January.

If you think the five-year suspension is wild, get this: The NSAC's Pat Lundvall reportedly wanted Diaz to be banned for life after she felt disrespected by him. That's right. Lifetime. For weed. What's more, the NSAC had recently updated penalty guidelines to suggest imposing just a three-year ban for a third positive marijuana test, which is still three years, but whatever.

The changes in offenses NSAC just discussed in May. Now talking lifetime ban for third offense. Unreal. pic.twitter.com/4Lpus8X5rL
- Brett Okamoto (@bokamotoESPN) September 14, 2015

For reference, Lundvall has previously said that she did not believe the NSAC needed to punish Floyd Mayweather for beating women, because he had gone to jail. "Mr. Mayweather was punished by the criminal justice system. He served his punishment. He paid his debt to society," Lundval said at the time.

The NSAC also banned a UFC welterweight by the name of Hector Lombard for a single year in March after he tested positive for and admitted to taking the steroid Desoxymethyltestosterone. UFC fighter Patrick Cote noted the disparate penalties for steroids and marijuana on Monday after the decision.

I'm not a big fan of Diaz but come on .. life time ban its completely stupid !!! I'm not ok with drugs to but its WEED .. take it easy !
- patrick cote (@patrick_cote) September 14, 2015

So Lombard got 1 year suspension for steroids and Diaz 5 years ban for WEED .... WHAT THE F*CK !!!!!!! #unreal
- patrick cote (@patrick_cote) September 14, 2015

Soon after the suspension was announced, ESPN's Brett Okamoto posted a video in which Diaz appears to speak about what he sees as unequal punishments within the NSAC. "I never did steroids in my life. That's another thing I'll tell you right now. I know all the fighters, and they are all on steroids. All you motherf**kers on steroids," he said.
Diaz actually has a medical marijuana license in California, where he lives. His coach, Cesar Gracie, argued earlier this year that Diaz did nothing illegal. " He doesn't take pain medications ," Gracie said in February. "When he's in pain after a workout, he likes to smoke marijuana. It calms him down and relieves the pain in his body. It's his way to naturally deal with pain and other problems."
The Most Influential Marijuana Users

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UFC Fighter Suspended 5 Years For...Wait, What? Smoking Weed?!

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The Nevada State Athletic Commission decided Monday to suspend UFC fighter Nick Diaz for five years and fine him roughly for ... wait, what? For smoking some weed? NICK DIAZ SUSPENDED FIVE YEARS FOR MARIJUANA- Brett Okamoto (@bokamotoESPN) September 14, 2015 Holy crap, yes, they are. That's what just happened.

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This is an article by Tyler Saito of the Jiu-Jitsu Times.

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Unless you have been living under a rock, you know about Nick Diaz's five year suspension handed down by the Nevada State Athletic Commission. Plenty of UFC fighters have expressed outrage, some even refusing to fight in the state of Nevada. Joe Rogan has also come out in defense of Nick Diaz. Most argue that Anderson Silva, who was popped for PEDs after his fight with Diaz, got a much lighter sentence. Now, I personally don't think marijuana should even be tested for. Putting marijuana in the same category as PEDs is just absurd. So, in that case I should disagree with the five year ban, right? Well, not entirely.

Marijuana isn't really the problem here, it is the repeated rule breaking. So let us go back all the way to 2007. Nick Diaz had just defeated Takanori Gomi in one of the most exciting fights ever. He would go on to test positive for marijuana metabolites, and the fight would be turned to a no contest instead of a win for Diaz. Now, go to 2009. Nick was scheduled to fight Jay Hieron for the vacant Strikeforce title. But, the fight was cancelled after Diaz did not attend a pre-fight drug test. Anyone else sensing a pattern here? In 2012, after his fight with Carlos Condit, Diaz again tested positive for marijuana metabolites, and was given a one year suspension. Now, after testing positive for the third time in his career, he is getting a five year suspension.

I get it, you like to smoke weed. But if you want to reap the benefits of fighting, then you have to play by the rules, no matter how stupid they are. Yes, five years is a lot longer than I was expecting, but Diaz and his camp had to expect some sort of punishment. PEDs are way worse than a little weed, but a repeat offender is going to get a heavier sentence than someone with a clean track record. It isn't right, but it's the way that things are. In the future, I hope this sort of thing never happens again. But for now, Diaz is going to be sidelined for five years, which will probably spell the end of his career in MMA. Well, there is always Metamoris!

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Why Nick Diaz Does, And Doesn't, Deserve His Five Year Suspension

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Unless you have been living under a rock, you know about Nick Diaz's five year suspension handed down by the Nevada State Athletic Commission. Plenty of UFC fighters have expressed outrage, some even refusing to fight in the state of Nevada. Joe Rogan has also come out in defense of Nick Diaz.