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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.

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King Mo’ Pinpoints FDA Banned ‘Supplement’ As the Cause of Positive Drug Test

(“This? This is Crystal Pepsi. I saved a case from when I was a kid.”)

Muhammed “King Mo” Lawal was on the MMA Hour with Ariel Helwani today and he (sort of) came clean about what the cause of his positive drug test was.

According to Lawal, he was taking a supplement called “S-Mass,” which contains the active ingredient 4-Chloro-17a-Methyl-a-andro4-ene3 – a methylated form of the steroid he tested positive for following his win over Lorenz Larkin earlier this month at the Strikeforce: Rockhold vs. Jardine event in Las Vegas.

The supplement, which was also sold by other companies under the names “Superdrol” and “Halodrol-50” among others, is well known in bodybuilding circles as a “designer steroid” as it tok a while for the government to realize what the compound was. The problem is, the supplement isn’t readily available in your typical GNC, so either Mo had some lying around the house since it was pulled from the shelves a five years ago following an FDA ban, or he ordered the pills from a shady internet site that sells banned supplements. Either that or the supplement was simply an excuse that was a step up from saying, “Yeah, I took steroids, but I screwed up my cycle and got caught.” The difference is, taking the latter approach wouldn’t allow you to barter for a lesser suspension like ignorance does.

(“This? This is Crystal Pepsi. I saved a case from when I was a kid.”)

Muhammed “King Mo” Lawal was on the MMA Hour with Ariel Helwani today and he *sort of* came clean about what the cause of his positive drug test was.

The supplement, which was also sold by other companies under the names “Superdrol” and “Halodrol-50″ among others, is well known in bodybuilding circles as a “designer steroid” as it tok a while for the government to realize what the compound was. The problem is, the supplement isn’t readily available in your typical GNC, so either Mo had some lying around the house since it was pulled from the shelves a five years ago following an FDA ban, or he ordered the pills from a shady internet site that sells banned supplements. Either that or the supplement was simply an excuse that was a step up from saying, “Yeah, I took steroids, but I screwed up my cycle and got caught.” The difference is, taking the latter approach wouldn’t allow you to barter for a lesser suspension like ignorance does.

I wonder if NSAC will ask to see a receipt and the bottle of pills when Lawal appeal’s his suspension or when he reapplies for his license if he decides not to challenge his punishment.

Whatever the case may be, you would think that a guy like Mo who spends countless hours on the Internet studying MMA and boxing matches could have Googled the pills he claims he was taking.

Overeem Granted ‘Conditional License’ by NSAC After Completing Random Drug Tests Three Weeks Late

(“Who nearly f*cked up our end-of-year show main event? This f*cking guy, that’s who.”)

During a scheduled Nevada State Athletic Commission meeting Monday, NSAC announced that Alistair Overeem failed to undergo a random drug test ahead of his UFC 141 heavyweight bout with Brock Lesnar and as a result he was granted a “conditional license” by the governing body.

According to commission records, Lesnar attended a hospital within one day of being told to do so on November 17, where blood and urine samples were taken and the results came back negative for both drugs of abuse and anabolic agents. Overeem did not comply with its request to submit specimens on that date, but instead had one of the two requested samples taken one week later.

Prior to the agenda item, the announcement was foreshadowed as NSAC representatives spoke candidly about all of the issues that have arisen in the past when it comes to testing out of competition outside of North America for various reasons.

Props to @LayzietheSavage for the UStream feed of the proceedings.

Check out the timeline of what went down the past month after the jump.

(“Who nearly f*cked up our end-of-year show main event? This f*cking guy, that’s who.”)

Props to @LayzietheSavage for the UStream feed of the proceedings.

Here is the timeline of what went down the past month.

• On the November 17 NSAC executive director Keith Kizer called and requested the testing of both fighters.

• Lesnar’s manager immediately called back and asked if it was okay to have the samples taken at a local hospital and was given the green light to do so.

• Overeem’s manager did not return Kizer’s call until the 21st and informed Kizer that Alistair had returned to Holland between the time of the original call and the call from his manager.

• By the time Alistair went to his physician and had a sample taken, it was the 23rd of November, but when the results came back one week later it was discovered that he failed to undergo a required urine test.

• By the timeline given NSAC, concluded that Alistair did not duck the test as he would have been on his way to the airport for his flight home when his manager was called about the test.

• Overeem failed to drop off a urine sample by the date requested (December 2) and finally gave one five days later.

• Alistair blamed the issue on his mother becoming ill and the difference of testing procedures used in the U.S.

• He admitted that the samples were taken by Overeem’s own “sports doctor.”

• Overeem decided to return to Holland after he filmed the UFC 141 Countdown show.

• He claims that he didn’t know about the drug testing request until two or three days after Kizer called his manager, which he clarified is actually his assistant, and that he was not told that he needed to do a urine sample.

• He says he was confused about what the requirements were and that his doctor needed to call around to find a place to have the tests done.

• He bought his plane ticket two days prior to the day he left to go home.

• Alistair said he has given a urine test before when randomly tested and tested after past bouts.

• Assistant Jacob Lamb says they did nothing deceitful and that they thought they were submitting the proper testing protocols.

When all was said and done, NSAC officials after deliberating briefly, granted Overeem’s special “conditional license,” as they collectively felt it was “inappropriate” to deny his license request because of the incident. The main condition, besides that his outstanding urine sample come back clean, are that he submit two random drug tests within the next six months as requested by the commission.

Alistair and the UFC dodged a bullet with this one. Hopefully he doesn’t screw up one of his conditions.

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Nevada to Re-Launch Out-of-Competition Drug Testing for Combat Sports

(Steroids: You’re doing it wrong. Bizarre photo-illustration via SportsNickel)

Last Wednesday, Nevada Governor Brian Sandoval signed a bill that will provide more funds for out-of-competition steroid testing of MMA fighters, boxers, and kickboxers. The money will come from an existing ticket fee, and will pay for random drug screenings at any time, including training periods. The new law goes into effect July 1st.

Currently, the Nevada State Athletic Commission gets $1 per ticket sold for large MMA/boxing events, and 50 cents for smaller events that gross less than $500,000. Some of that money will now be diverted to year-round testing of performance enhancing drugs, both at a professional and amateur level.

It’s not the first time that Nevada has tried to do this. MMAFighting passes along some history:

(Steroids: You’re doing it wrong. Bizarre photo-illustration via SportsNickel)

It’s not the first time that Nevada has tried to do this. MMAFighting passes along some history:

…Nevada can randomly test any licensed fighter at any time. The state’s commission has had that power since early 2008 but often lacked the funds to employ it. UFC 84 fighters Sean Sherk and B.J. Penn were among the first to be tested out of competition, but within two years, the program was unfunded and unused. By February 2011, the program was out of money after legislators withdrew its funding, effectively rendering it useless as a weapon to catch drug cheats.

Immediately afterward, commission executive director Keith Kizer requested the state find a new source of revenue to fund the program, and the newly signed bill is the compromise.

Keep in mind that funds from the dollar-per-ticket fee won’t lead to a dramatic windfall for the NSAC:

Last year, for example, the UFC held six events in Nevada that drew a total of over 40,000 paid fans. It included four pay-per-view events that drew $1 million-plus gates, and two smaller Ultimate Fighter Finales that drew less than $500,000 each. Those ticket sales resulted in Nevada earning $39,189.50 in fees.

Still, it’ll be enough to keep the program alive, and keep Nevada-licensed fighters somewhat honest. (California has also effectively used out-of-competition testing in the past, as Josh Barnett found out the hard way in 2009.) Anyway, if you’re a fan of healthy fighters and a level playing field, it’s a positive step forward. “Cycling” won’t be as easy to pull off when a little man in a white lab-coat could show up at your gym on any random afternoon, without warning.

Previously: MMA Steroid Busts: The Definitive Timeline