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[Cat--Smasher]

Nick Diaz petition for judicial review of NSAC marijuana suspension denied in Nevada district court

Nick Diaz petition for judicial review of NSAC marijuana suspension denied in Nevada district court - MMAmania.com

Ultimate Fighting Championship (UFC) welterweight number one contender, Nick Diaz, fought the law -- and the law won. Specifically, Keith Kizer and the Nevada State Athletic Commission (NSAC), named as respondents in a lawsuit filed by Diaz in Clark County last April.

His grievance?

Diaz was suspended by the NSAC after testing positive for marijuana metabolites following his five round unanimous decision loss to Carlos Condit at UFC 143, which was held on Feb. 4, 2012 at the Mandalay Bay Events Center in Las Vegas.

The NSAC also claimed Diaz lied on his pre-fight questionnaire (click here to see a copy), by checking "no" on a box asking if he took or received any prescription medication two weeks prior to weighing in.

The former Strikeforce middleweight champion holds a prescription for medical marijuana, which he obtained after being diagnosed with Attention Deficit Hyperactivity Disorder (ADHD), which is legal in both Nevada and his home state of California.

Diaz's legal team, led by Ross Goodman, argued that his client's case should have been "abandoned or discontinued" by the commission after it failed to act within a reasonable time limit and exceeded its "statutory powers."

Goodman also argued 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.

The courts disagreed. You can see a copy of Diaz's rejection letter here.
http://assets.sbnation.com/assets/22...y_of_Order.pdf

[Sniggles]

Congratulations on wasting alot of money, Nick Diaz. Your judgement is comical and leads to many guffaws.

[TBEAR]

Nick is a joke.

[Sniggles]

[rivethead]

The NSAC also claimed Diaz lied on his pre-fight questionnaire (click here to see a copy), by checking "no" on a box asking if he took or received any prescription medication two weeks prior to weighing in.

By all the information I've been given--and I work in the drug education field--Nick actually should have won, if that tagged form is the foundation of the NVAC's defense. He did not lie on the form at all; neither by comission or omission.

http://l.yimg.com/j/assets/ipt/DiazPrefightQ.pdf

Mind you, I'm not condoning his nonsense one bit, I just have issues with the terminology, as it goes against everything I've been taught.

But I've been told repeatedly by a very reliable sources that in CA, marijuana is not prescribed. I've been told repeatedly that is a hugely common misperception in the general public, it's apparently common enough to be included in the text of the article, and virtually every one I've read on the subject.

By definition, prescription medication has a very specific amount and a time when it is to be ingested. Any deviation from those prescribed terms absolves the medical community from any responsibility for problems or complications the user may incur.

Again, from what I've been trained on, CA law indicates that users are given a license to ingest/possess marijuana for medical purposes, but not a prescription.

There is a pretty huge difference. The doctor doesn't say "smoke two joints and call me in the morning." They can't even say "use x amount of marijuana as needed" because the amount of THC varies so greatly from source to source, and the methodology of consumption can impact the amount needed for effect. So they issue a license to the user, not a prescription.

The AC shouldn't even be able to skate on the "serious medical condition" question, because seriousness is open to interpretation--perhaps needing a prescription or surgery to address the concern; and the "over the counter" question wouldn't necessarily apply, as he's able to grow his own in CA if he chose.

Mind you, I'm under the impression that there is additional paperwork needed for a TUE excemption that Nick/Cesar foolishly didn't complete...but if that additional TUE application paperwork wasn't included in the actual suit, Diaz actually got shafted here.

I'm kind of surprised to have had to type this. Anyone who actually has a license in CA feel free to help me out on this.

rh

[KevoOnTheRadio]

Interesting stuff RH. Did not know that.

[the_dark_angel_4ever]

Originally Posted by rivethead

By all the information I've been given--and I work in the drug education field--Nick actually should have won, if that tagged form is the foundation of the NVAC's defense. He did not lie on the form at all; neither by comission or omission.

http://l.yimg.com/j/assets/ipt/DiazPrefightQ.pdf

Mind you, I'm not condoning his nonsense one bit, I just have issues with the terminology, as it goes against everything I've been taught.

But I've been told repeatedly by a very reliable sources that in CA, marijuana is not prescribed. I've been told repeatedly that is a hugely common misperception in the general public, it's apparently common enough to be included in the text of the article, and virtually every one I've read on the subject.

By definition, prescription medication has a very specific amount and a time when it is to be ingested. Any deviation from those prescribed terms absolves the medical community from any responsibility for problems or complications the user may incur.

Again, from what I've been trained on, CA law indicates that users are given a license to ingest/possess marijuana for medical purposes, but not a prescription.

There is a pretty huge difference. The doctor doesn't say "smoke two joints and call me in the morning." They can't even say "use x amount of marijuana as needed" because the amount of THC varies so greatly from source to source, and the methodology of consumption can impact the amount needed for effect. So they issue a license to the user, not a prescription.

The AC shouldn't even be able to skate on the "serious medical condition" question, because seriousness is open to interpretation--perhaps needing a prescription or surgery to address the concern; and the "over the counter" question wouldn't necessarily apply, as he's able to grow his own in CA if he chose.

Mind you, I'm under the impression that there is additional paperwork needed for a TUE excemption that Nick/Cesar foolishly didn't complete...but if that additional TUE application paperwork wasn't included in the actual suit, Diaz actually got shafted here.

I'm kind of surprised to have had to type this. Anyone who actually has a license in CA feel free to help me out on this.

rh

Very interesting take on it. Good info.

[rivethead]

A bit more:

Is a medical marijuana recommendation considered a prescription?
No. Federal law prohibits doctors from writing prescriptions for illegal drugs. Marijuana is not considered legal by the federal government, and federal law still provides that use or possession of marijuana is a crime.

Medical Marijuana ID Card Program Frequently Asked Questions

rh

[SimpleJack]

I'm pretty sure you're right RH. It's essentially a driver's license to smoke weed that's only good in CA.

Nowhere in SB 420 does it even describe a prescription. Simply the requirement for a doctor to apply for your license.

[Cat--Smasher]

Get on the phone to Mr. Diaz there Riv.