The legal pissing match between Nick Diaz and the NSAC continues. Last we heard, Nick’s lawyer Ross Goodman was demanding his client’s case be heard at the upcoming April 24th NSAC meeting, and he had a Nevada statute that backed up his demand. So how did the NSAC respond? By saying the statute doesn’t apply:
No Notice of Summary Suspension was ever served on your client,” Eccles wrote. “In this matter, Mr. Diaz was properly served with a ‘Notice of Hearing on Temporary Suspension,’ and he failed to appear at that hearing.
Live by the legal nitpick, die by the legal nitpick. As for why this whole thing is being delayed in the first place, the NSAC’s official position:
On several occasions you told me and Mr. Kizer that Mr Diaz had a medical marijuana card and that you would produce it. On one of those occasions, you stated that Cesar Gracie was getting the card from Mr Diaz and that you would produce the card shortly. In any event, you agreed to produce the card prior to the disciplinary hearing.
Regarding the date of the disciplinary hearing, Mr Kizer and I both told you that the Chairman of the Commission determines the matters to be heard on each agenda. Mr Kizer said that Mr Diaz’s case could be on the April agenda. Again, you have not produced Mr Diaz’s card as you repeatedly stated you would.
Did that back Ross Goodman down? Hells to the no:
It appears that Mr. Kizer mistakenly believes that an identification card is a mandatory requirement. However, the California regulation clearly defines that an identification card is strictly voluntary (see CHSC 11362.7(f) and (g)). The option to obtain an identification card is to assist law enforcement officers in making a prompt identification of qualified patients to avoid unnecessary arrest.
It is outrageous that Mr. Kizer would delay a full hearing after providing the best evidence under California law — the Physician’s Statements — the dispositive document that qualifies someone to legally use medical marijuana. As a protection against arbitrarily delaying proceedings — as evidenced in the Diaz matter — and thereby depriving licensees of the right to earn a living, the [NAC] is required to make a final determination based on the allegations of the complaint within 45 days after a temporary suspension.
The fun thing about all this legal dick swinging is any mis-step could leave the NSAC in some hot water. Ross Goodman isn’t some socks and sandals dope handling this case on the side. Not only is he a legit high-profile hot shot lawyer, he’s also the son of Oscar Goodman, who was the mayor of Las Vegas for 12 years, which is the max you can serve due to term limits. Who replaced him as mayor afterwards? Ross Goodman’s mom Carolyne Goodman. Safe to say he’s got a few connections he can turn to if he feels the NSAC is stepping out of line.
So enjoy 4/20, smoke a doob, and get settled in because the legal fight for the rights of fighters to enjoy some ganja out of competition is just starting to heat up!
*Update* We have no business grammar-checking anyone about anything.