Nick Diaz’s attorney is not nearly as optimistic about a settlement with the Nevada Athletic Commission as he was just six weeks ago.
Lucas Middlebrook told MMAFighting.com in May that he was in discussions about a settlement in Diaz’s marijuana case with Nevada deputy attorney general Christopher Eccles. Since then, though, new information has made Middlebrook realize that even if the two sides settle, the commission might still ask him to present a defense.
Middlebrook was on the phone during the NAC meeting in May and heard the commission ask boxer John Molina, who tested positive for diuretics, to present his case even though Molina’s attorney had a deal in place with Eccles. The NAC rejected the settlement and postponed Molina’s disciplinary hearing to a future date.
“I was on the phone listening to this thinking, Well, this is a little concerning,” Middlebrook told MMAFighting.com. “You’re going to agree to a settlement with Eccles only to show up and have them say to present your case?”
Middlebrook said he asked Eccles about the Molina case and he was told that the circumstances of the two cases are different. Diaz failed a fight night drug test at UFC 183 for marijuana, his third such offense in Nevada. Molina tested positive for diuretics, a more serious infraction.
Middlebrook said he is not currently in settlement discussions with Eccles, but will continue to leave the door open for some kind of deal. Either way, Middlebrook will prepare a defense for Diaz and expects the hearing to come up in either August or September, most likely the latter.
“It made me a little cautious about going there without preparing a case as well,” Middlebrook said of the Molina situation. … “If they’re going to make you present your case anyway, you might as well take your best shot, right?”
Also in May, the NAC ramped up its penalties for caught drug users. The commission set a tentative date for September to implement the changes, which include a three-year suspension for third-time marijuana offenders like Diaz. However, Middlebrook does not expect that Diaz’s case will be eligible for the new rules since he tested positive back in February.
“My best guess is that it would not have retroactive application given that the complaint was filed against Nick prior to those rulings,” Middlebrook said. “That’s a pretty basic concept in legislation. I wouldn’t think they would be bound by those regulations as it pertains to Nick.”
Diaz’s defense revolves around two tests that Diaz actually passed on fight night Jan. 31. Diaz was tested three times — once before his main event fight with Anderson Silva and twice after. One of the post-fight tests came back positive for marijuana metabolites. The other two were clean.
According to Middlebrook, two of the specimens were sent to an SMRTL lab and the other was shipped to Quest Diagnostics. Each lab also used different ways to judge Diaz’s hydration levels, which would have an affect on testing positive or negative, Middlebrook said.
The one positive screen showed 300ng/ml of marijuana, which is double the Nevada limit.
“There’s serious questions as to the testing methodology and why we had such skewed results from different labs,” Middlebrook said in May. “And also why two post-fight collections were done and sent to separate labs. That’s another question.”
Diaz, 31, tested positive for marijuana in 2012 and 2007. Because he was a past offender, Diaz was required to submit a clean test before he would be licensed for the Silva fight. Diaz did not provide one of those until the week of the fight.
Diaz (26-10, 1 NC), one of the most popular fighters in the UFC, lost to Silva by unanimous decision, but that is likely to get overturned since Silva tested positive for anabolic steroids in a fight-night test and before the bout out of competition.
UFC 183 remains one of the most financially successful pay-per-view events of the year for the promotion.