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[UPDATED] NSAC Head Says Diaz Could Have Applied for Therapeutic Use Exemption for Marijuana

By Elias Cepeda

(“Where I come from, asking a guy if he’s on drugs will get you slapped, homie.”)

UFC welterweight Nick Diaz and his most recent positive test for marijuana after competing against Carlos Condit at UFC 143 in Las Vegas, may present Nevada with a first of its kind disciplinary situation, according to Nevada State Athletic Commission (NSAC) Executive Director Keith Kizer. Diaz is a resident of California, where medical marijuana has been legal since 2003, and the fighter has said that he has been prescribed marijuana by doctors to treat psychological issues.

By Elias Cepeda

(“Where I come from, asking a guy if he’s on drugs will get you slapped, homie.”)

He has also stated in the past that he attempts to flush traces of cannabis out of his system in the weeks leading up to his fights in order to pass drug tests. However Diaz’s most recent positive test result for for the drug, which scrapped a planned immediate rematch with Condit, is the second such one in less than five years.

According to Kizer, though, Diaz had another option: coming to the NSAC weeks before fighting and applying for a therapeutic exemption (TUE) for his marijuana use.

Given that Diaz’ coach and manager, Cesar Gracie, has made a point of saying that Diaz has a legal right to use marijuana in California since a doctor prescribed it to him, one would have expected Diaz to have applied for the exemption with the commission.

But that did not happen Kizer explains, as no one from Diaz’ camp has ever attempted to explain any mitigating circumstances to him about the fighter’s marijuana use or tried to contextualize it to attempt for Nick to granted a therapeutic exemption. “I have no idea what [Diaz’s] marijuana situation is,” Kizer told CagePotato on Thursday. “No one from his camp has ever come to me or the commission and tried to explain it.”

Kizer says that therapeutic exemptions are made when fighters and their doctors can convince the NSAC and its physicians that a prescribed treatment is specifically needed to address a legitimate health issue of the athlete and that the medication does not put the fighter at undue risk as a competitor or give them an unfair advantage over their opponents. Sometimes, as in the case of some antidepressants, the NSAC and its doctors feel that a fighter’s condition is legitimate and that they do require treatment, but alternative medications are needed because the one initially chosen by the fighter and their doctors are deemed not safe for competitors to use by the Nevada commission.

Kizer also points out that each case is looked at individually and that if fighters approach the commission a few weeks before their fights to request a therapeutic exemption, typically that is enough time for the NSAC evaluation process to take place and for his governing body to make a decision on whether or not to grant the fighter the exception.

In the past fighters have applied for exemptions for the use of testosterone replacement therapy and more traditional prescription drugs for psychological issues, but Kizer said that no one during his tenure has ever applied for a therapeutic exemption for prescribed marijuana use. This includes Diaz.

“I’ve never had that – a fighter saying they want to use marijuana for medicinal purposes,” he said.

Although he says that he can imagine certain drugs never being accepted for therapeutic use in Nevada, like the anabolic steroid nandrolone, Kizer stops short of saying that medical marijuana would be one of them.

The commission mailed a complaint to Diaz after his positive test after UFC 143 and he can now respond to the complaint, which is essentially at this point just an allegation. Some time this spring Diaz will likely have a hearing with the NSAC where he can plead his case and the commission will then make its findings. Gracie said recently that Diaz has retained legal counsel for the process.

Even though he did not come to the NSAC prior to any of his fights under their jurisdiction to apply for a therapeutic exemption, he can still essentially make the case that he should be granted one during the hearing.

Fighters can, in effect, explain the reasons why they took the banned substance and ask that the commission grant them an exemption to use them, Kizer says. “Sure they can. We’ve had that with athletes before where they come into their hearings and say that they did this or took that, explain mitigating circumstances and argue that they should be allowed to have done so,” he recalls.

With medical marijuana still being relatively new in the state of California — a hotbed for mixed martial arts fighters and teams — it will be interesting to see if more and more fighters begin to ask for exemptions to use it, and how the NSAC responds to their arguments.

*Correction made at 1:23 pm ET on 02/17/2011: Mr. Kizer contacted CagePotato.com to clarify that although a fighter can argue that he or she should be granted an exemption for a banned substance and that their fine and suspension be reduced due to mitigating factors that necessitated the use of the prescribed drugs, NSAC will not retroactively grant a TUE for a substance that was not approved prior to the bout in question.

NSAC Reveals Nick Diaz Tests Positive for Marijuana, Fails UFC 143 Drug Test

A proposed rematch between Carlos Condit and Nick Diaz is now in jeopardy. Tthe Nevada State Athletic Commission sent an email to numerous media outlets, including Bleacher Report, after it was learned that one of the fighters competing at UFC 143 fail…

[UPDATED] Diaz’s UFC 143 Drug Test Positive for Marijuana; Fighter Now Faces NSAC Disciplinary Action

By Mike Russell

We know the suspense has been killing you, so we’re just going to break it to you.

Apparently Nick Diaz partook in the stick icky a little too close to his UFC 143 welterweight interim title bout with Carlos Condit as the Nevada State Athletic Commission has announced this afternoon that the Stockton native’s post-fight urinalysis came back positive for marijuana metabolites.

According to NSAC executive director Keith Kizer, 18 of the 22 fighters who competed on Saturday night’s card were tested and only Diaz yielded a positive result.

Carlos Condit, Fabricio Werdum, Josh Koscheck, Renan Barao, Ed Herman, Dustin Poirier, Max Hollaway, Matt Riddle, Henry Martinez, Edwin Figueroa, Alex Caceres, Matt Brown, Chris Cope, Rafael Natal, Michael Kuiper, Stephen Thompson and Dan Stittgen were also tested.

By Mike Russell

We know the suspense has been killing you, so we’re just going to break it to you.

According to NSAC executive director Keith Kizer, 18 of the 22 fighters who competed on Saturday night’s card were tested and only Diaz yielded a positive result.

Here’s what Kizer wrote in the email statement we received:

“All results received thus far have been negative, except Mr. Diaz tested positive for marijuana metabolites,” he revealed. “A complaint for disciplinary action against Mr. Diaz has been filed.”

Nick, who has a prescription for cannabis to treat his ADHD has stated in the past that he smokes up to ten days out from his bouts and that his metabolism rids the drug from his system in that little time.

“I’m more consistent about everything being a cannabis user,” Diaz said in an interview with The LA Times back in April 2009 ahead of his Strikeforce fight with Frank Shamrock. “I’m happy to get loaded, hear some good music . . . I remain consistent. And I have an easy way to deal with [the drug tests]. I can pass a drug test in eight days with herbal cleansers. I drink 10 pounds of water and sweat out 10 pounds of water every day. I’ll be fine.”

The problem is that he’s getting older and his metabolism is slowing down — that and sometimes the metabolites can stay in the system for weeks after a person has stopped using since they are fat soluble.

Here’s an explanation of why commission drug tests should only be done by blood, courtesy of norml.org’s The ABCs of Marijuana and Drug Testing:

“Urinalysis can not detect the presence of any illicit drugs – including marijuana – and can only identify the presence of non-psychoactive drug metabolites indicating that a substance has been previously consumed at an unspecified point in time. Unfortunately for cannabis consumers, pot’s primary metabolite THC-COOH is fat soluble, and may remain detectable in urine for days and sometimes two-to-three weeks after past use in regular smokers.

Blood tests, unlike urinalysis, detect the presence illicit drugs, not inactive drug metabolites. In general, THC only remains detectable in the blood of cannabis consumers for a few hours (though low, residual levels may be detected in chronic smokers for up to 12-24+ hours if more sensitive technology is used). Because of this narrow detection window, blood tests are typically only administered in the workplace post-accident in order to estimate recent cannabis consumption.”

Since this is Nick’s second offense, it’s unlikely that he’ll be able to dispute the charges against him, even if he took a lie-detector test like Sean Sherk to prove that he didn’t smoke for a week or so before the bout. I guess we’ll have to wait and see what he or Cesar Gracie have to say about the charges.

I’m not advocating for fighters who do drugs, but it seems unfair that by rights a fighter could get drunk a day or two before a fight if they so desired, but smoking pot a week or two before a fight when they have a prescription to do so and when the commission doesn’t actually test for THC, only inactive metabolites, is a punishable offense.

I think it has more to do with the stigma involved with the substance, more than it does the act of using it, especially when it isn’t illegal for the fighter to do so while he isn’t fighting.

Last time he received a six-month suspension when he tested positive after his PRIDE 33 bout with Takanori Gomi. The bout was also declared a no-contest. Hopefuly the result from his bout with Condit stands, or else we may have to have another welterweight interim title fight soon.

*UPDATED Feb. 8, 2012 at 8:00 pm ET: UFC president Dana White released the following statement about Diaz’s positive test this evening:

“I am beyond disappointed that he tested positive for marijuana. It is now in the hands of the Nevada State Athletic Commission.”

UFC’s Joe Rogan Gets into Argument with BJJ Black Belt About Marijuana

It’s been over a week since a video featuring Brazilian Jiu Jitsu Black Belt Rodrigo “Comprido” Medeiros was released with him expressing his thoughts on 10th Planet’s Eddie Bravo and his stance on using marijuana as a performance enhancer, which he has always been in support of. Comprido labeled Bravo as an “idiot,” and said marijuana has nothing to do […]

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UFC’s Joe Rogan Gets into Argument with BJJ Black Belt About Marijuana

The War on Drugs Wages On: ‘Comprido’ says “Eddie Bravo is an Idiot”

(Video via MMANuts.com)

A few short days ago Dave Herman was yanked from his upcoming bout against Mike Russow following a failed drug test, and before the smoke had cleared a lively debate had sparked between our readers about marijuana’s place in the sport. We thought we’d hashed it all out and come to an understanding, but now Rodrigo “Comprido” Medeiros has weighed in on the matter with a very special PSA. According to the heavily decorated BJJ champion, those of you who lobbied in favor of mixing grass and grappling are stupid and suffer from low self-esteem. To be fair, Comprido, pretty much everyone here at the Potato Nation is stupid and suffers from low self-esteem; it’s kind of our “thing”.

“[I] just want to make this very clear: Eddie Bravo is an idiot. Ok? Using drugs don’t improve the performance of a fighter. If you want to build your self-confidence, you’re going to do sports, do martial arts, but never use drugs.”

There’s more buzz-kill after the jump.

(Video via MMANuts.com)

“If you choke when you talk with a girl, you should go to the gym, and train, and build your self-confidence. Not use a fake medicine, or use a fake drug, to feel better than you should.” (Seriously, it’s like he knows us. What’s his screen name?)

“It’s a shame that a guy who teach in martial arts, who been involved with competitions—even if he’s not competing—talk using marijuana is good for jiu jitsu. That’s bullshit. That’s probably why he’s thinking, he’s ten years ago come [up] with something [taught] by his teacher Jean Jacques Machado and he call himself an innovator. That was ten years ago. If you are a coward, you will be a coward using marijuana or not.”

Rodrigo Medeiros: not a fan of drugs, and clearly not a fan of Eddie Bravo. We could start talking now about a grudge match at ADCC, but we’ve been there before and it’s exhausting. Until someone sets up a “Stoner vs. Straight Edge” tournament, we’ll just have to settle for bickering amongst ourselves.

CagePotato Open Discussion: Should Marijuana be Considered a PED?

(You know who had that look in his eyes? Chris Benoit.)

Dave Herman’s recent failed pre-fight drug test and subsequent removal from his bout with Mike Russow has sparked debate across the web in regards to marijuana’s power (or lack thereof) as a performance enhancing drug. Some are saying Herman should have been pulled from the fight based on the illegality of the drug alone, a tough issue to deny. However, several studies have shown that certain strands of marijuana can provide a healing effect to the nervous system and could dramatically expedite the healing process of inflamed joints, which could prove incredibly beneficial to someone in the fight game.

Annie Appleseed Project, an alternative treatment foundation, has furthered research on the healing effect of marijuana, particularly to that of damaged nerves. They concluded that marijuana, in fact, can aid the nervous system beyond that of even morphine. Andrew Rice, a senior lecturer in pain at London’s Imperial College, had the following to say about marijuana’s ability to rehabilitate:

(You know who had that look in his eyes? Chris Benoit.)

It’s known that if you injure a nerve, the morphine receptors in the spinal cord disappear and that’s probably why morphine isn’t a very effective pain killer for such conditions as shingles, people who have had an amputation or perhaps if cancer has invaded the spinal cord…But what we’ve shown is that the cannabinoid receptors do not disappear when you injure a nerve. So this could offer a therapeutic advantage over morphine for treating such pain.

There is no doubt of the possible benefits marijuana could provide an injured fighter, and with the ever increasingly legality of medical marijuana, why should those who sacrifice their bodies for a living be denied a possible means of rehabilitation? Now, I want to make something clear, I am not saying that painkillers should be legalized across the board based solely on the fact that they can aid the healing process. But unlike other forms of painkillers, marijuana does not mask the pain completely, it rather helps speed up the healing process while providing minor stress relief. Another issue, though perhaps a fickle one, is that of cost. Struggling fighters often cannot afford the necessary treatment to rehab their injuries, and could turn to marijuana as a financially reasonable means of aiding any nagging afflictions.

The Nevada State Athletic Commission, responsible for the decision in the infamous Nick Diaz/Takanori Gomi debacle, was one of the first to put forth the sentiment that marijuana was considered a performance enhancer. NSAC Executive Director Keith Kizer, when questioned about the issue immediately following the incident, had this to say:

The main issue with marijuana is it slows the reflexes, putting the fighter at much greater risk. We would not let a fighter compete who is coming off arm surgery and has not fully recovered his reflexes, or who is under the influence of alcohol because of the same issue. Additionally, it may also deaden some pain. That could hurt the fighter… he may not tap out when he should and he suffers broken bones or torn ligaments as a result… or that could unfairly help him if he can trade punches more easily with his opponent.

Herein lies the issue; can marijuana significantly alter a fighter’s performance on the same level as a true PED like steroids, or should fighters that test positive for the substance be given a lighter sentence? And if marijuana were legally allowed for rehabilitative purposes, what kind of restrictions would have to be instilled (ie. time a fighter would be allowed to consume marijuana before a given fight) in order to ensure the fighter’s safety?

I ask you, Potato Nation, to stake your claim on the issue in the comments section, using as much profane language as necessary, of course.

-Danga