Kizer: Nick could have applied for a TUE

[VCURamFan]

From MMATorch.com:

Nick Diaz's failed drug test for marijuana metabolites last week out of his UFC 143 fight with Carlos Condit led to numerous talking points being debated by many sides. One of the issues that was touched on by many parties was Diaz's prescription for medicinal marijuana in his home state of California.

Diaz's camp, along with many other supporters, believe he shouldn't face sanctions for his marijuana use when it's legal for him to do in his personal life; and because there's no way to prove how close to the fight he had actually smoked last.

However, if that was a legitimate argument for the camp to make, there's one thing they did not do: request a therapeutic use exemption from the Nevada State Athletic Commission ahead of the fight.

"I have no idea what [Diaz’s] marijuana situation is,” NSAC executive director Keith Kizer said in an interview with CagePotato.com. “No one from his camp has ever come to me or the commission and tried to explain it... I've never had that - a fighter saying they want to use marijuana for medicinal purposes."

Kizer said Diaz would have had the opportunity to apply for a TUE for his marijuana use, with him and his doctors giving the commission an explanation as to why his marijuana us is necessary. Additionally, they would have had a chance to convince the commission and their doctors that it would not put him at "undue risk" or give him an "unfair advantage" over his competitors.

This isn't to say that Diaz necessarily would have been granted the exemption. The fact that the option was open to him doesn't mean that it would have been an automatic approval, and indeed it's likely that he would have been told in no uncertain terms that he couldn't have it in his system for these drug tests for the fight.

Now, Diaz will have an opportunity to try to make that case after the fact when his case is heard by the commission. For now, a complaint has been levied against him, and he will have the opportunity to respond.

"We've had that with athletes before where they come into their hearings and say that they did this or took that," Kizer stated, "explain mitigating circumstances and argue that they should be allowed to have done so."

Once again, it doesn't mean that his prescribed marijuana use will be considered allowable under the rules as set forth by the commission, but Diaz and his camp also didn't even attempt to find out whether it would be or not prior to UFC 143.

Penick's Analysis: This is one major issue, and why it's not likely that Diaz's arguments will necessarily sway the commission should he fight the findings. There were steps he could have taken to try to say, "I need this medically, this is something that I need to take in order to function." In the unlikely event that the NSAC would have granted him that exemption, this wouldn't have been an issue. However, the fact that he's openly bragged about his ability to flush it out of his system to pass drug tests in the past doesn't make him sympathetic in this position, especially when he's been caught with it before. Again, he, his camp, and those that believe he and other athletes should be allowed to use marijuana without repercussions haven't attempted to make that argument against the rules that are in place. They've retroactively clung to that argument to say that it's wrong, but Diaz again knew what the rules were when he signed on to compete in an event in Nevada. He knew he needed to flush it out of his system prior to the event. The fact of the matter is he failed to do that, and he has no one to blame but himself for that.

[J.B.]

LOL at the idea that Nick would have been approved for a TUE

That's basically like saying, "SURE, a felon can TRY to legally get a gun".....LOL..ridiculous

[rearnakedchoke]

shows you just how much of a moron nick is .....

[J.B.]

Originally Posted by rearnakedchoke

shows you just how much of a moron nick is .....

Do you really think it would have been approved? Wasnt it Kizer who claimed pot helped Diaz beat Gomi?

[rearnakedchoke]

Originally Posted by J.B.

Do you really think it would have been approved? Wasnt it Kizer who claimed pot helped Diaz beat Gomi?

it doesn't really matter ... if he applied and got rejected, at least he tried ... but nick wants to do things his way and he'll be out of this sport sooner than later ... nick thinks he can do whatever he wants, and its gonna screw up his career

[Bonnie]

Originally Posted by rearnakedchoke

it doesn't really matter ... if he applied and got rejected, at least he tried ... but nick wants to do things his way and he'll be out of this sport sooner than later ... nick thinks he can do whatever he wants, and its gonna screw up his career

Does he?

[J.B.]

Originally Posted by rearnakedchoke

it doesn't really matter ... if he applied and got rejected, at least he tried ... but nick wants to do things his way and he'll be out of this sport sooner than later ... nick thinks he can do whatever he wants, and its gonna screw up his career

If I am not mistaken, Nick already tried to get this approved in the past and ran into a roadblock. Why would he think he could apply this time?

Kizer is just throwing that out there to save face over the fact that guys are being granted TUE for testosterone and a lot of fans think its ridiculous. Why didnt Kizer say that after the Gomi fight instead of painting Nick as some kind of stoned zombie who smoked so much weed before the fight that he was numb to the pain Gomi dished out to his eye?

Its a joke, and Im willing to bet that Zuffa pulls strings and we see Diaz sooner than later.

[J.B.]

Chael Sonnen forgets to file for TUE, even though he works for AC, and its an "honest mistake". His fans even tried suggesting the CSAC already knew, so Chael didnt do anything wrong.

Meanwhile, the entire MMA world has known Nick smokes for years, and tried getting it approved in the past but somehow Nick gets painted as this giant villan who is hurting the sport.

I agree that Nick messed up, because he knows the rules. I just dont agree with a lot of the extra hate he is getting.

[JavierDLC]

Originally Posted by J.B.

Chael Sonnen forgets to file for TUE, even though he works for AC, and its an "honest mistake". His fans even tried suggesting the CSAC already knew, so Chael didnt do anything wrong.

Meanwhile, the entire MMA world has known Nick smokes for years, and tried getting it approved in the past but somehow Nick gets painted as this giant villan who is hurting the sport.

I agree that Nick messed up, because he knows the rules. I just dont agree with a lot of the extra hate he is getting.

Im sure his punishment wont be as harsh as Chael's

He will be back later this year to fight GSP.
I can already see it.

Condit is going to take a fight around August because GSP will be recovering and 1 or 2 weeks before Carlos fight GSP will make a miraculous recovery and will be ready to fight a month or two after the announcement which will be to close to Carlos fight therefore he will fight Nick in October.

I can already see it.

[J.B.]

Originally Posted by JavierDLC

Im sure his punishment wont be as harsh as Chael's

He will be back later this year to fight GSP.
I can already see it.

Condit is going to take a fight around August because GSP will be recovering and 1 or 2 weeks before Carlos fight GSP will make a miraculous recovery and will be ready to fight a month or two after the announcement which will be to close to Carlos fight therefore he will fight Nick in October.

I can already see it.

I think Nick will be back later this year too, but Chael was only punished the way he was because they felt he repeatedly lied and he also had the money laundering case. It standard for the AC to take other legal problems into account when licensing or discipling fighters. Mayweather had to answer to NSAC about his domestic violence case before being licensed to fight Cotto.