Before Nick Diaz takes on Georges St Pierre in March, he’ll continue his fight with the Nevada State Athletic Commission over his 2012 pot smoking suspension.
Ross Goodman, Diaz’s Nevada attorney, released the following statement to Sherdog.com on Friday through Diaz’s legal adviser, Jonathan Tweedale:
“Despite expressing misgivings about the vagueness and ambiguity of the Nevada Athletic Commission’s prohibition on using marijuana ‘before’ a contest, the Nevada District Court today dismissed Nick Diaz’s petition for judicial review of the athletic commission’s disciplinary order made against him earlier this year.
“Judge [Joanna] Kishner was obviously troubled about due process concerns engendered by the vagueness of the anti-doping rule. How long before is ‘before’ under the regulation? A day? A week? Due process requires that fighters have clear notice of what the rule is, so they can adjust their behavior accordingly. Similar serious concerns relate to the commission’s after-the-fact definitions of undefined terms on the pre-fight questionnaire — and punishing my client for failing to correctly guess how those terms would be defined.
“Frankly, if I had been filling out the questionnaire, I wouldn’t have thought that marijuana was a ‘prescription’ drug either — given that it is illegal under federal law for doctors to ‘prescribe’ marijuana. As a matter of law, a ‘physician’s statement’ is not a prescription. I will be seeking my client’s instructions to file an appeal to the Nevada Supreme Court forthwith.”
When Nick’s quest to overturn his pot suspension and possibly change the way marijuana was treated by athletic commissions began, you couldn’t throw an e-rock without hitting a website talking about it. This latest announcement from Nick’s lawyer is getting significantly less attention, even with the huge news that Diaz will be facing Georges St Pierre in a couple of months. Maybe that fight is sucking up all the oxygen? Or maybe people have given up on the hope that Nevada will heed Nick’s argument regarding out of competition use and stop persecuting fighters for toking up. I know, throw that dream in the bin alongside ending the farce that is testosterone replacement therapy.