Originally Posted by wavetar
There's a reason the questions & check boxes are on the forms...regardless of whether one thinks weed use is 'right' or 'wrong', the fact Diaz did not state (via the legal, binding, form) that he did indeed smoke weed within 14 days of the fight gives him pretty well zero legal grounds to stand on.
If we are gonna boil it down to the letter of the law in Nevada, he may have more legal ground than you think. Diaz's lawyer is prepared to argue that marijuana is neither a prescribed nor an over the counter medication. According to Nevada state law, "medical marijuana" is not a prescribed medication by doctors but rather a controlled substance. Also, the "marijuana metabolites" they found in Nick's system are not listed as a prohibited substance for people who legally use medical marijuana.
Nick has a medical marijuana card in California, and if he smoked 8 days before the fight it's probably safe to assume he was still at home in Stockton. Of course, medical marijuana laws do vary from state to state but if the NSAC is going to allow marijuana metabolites in a fighter's system in accordance with Nevada medical marijuana laws then why should Nick be singled out? Because he lives in California?
Obviously it's all a bunch of legal maneuvering, and Nick could end up losing the case, but I hope he wins. The whole thing is ridiculous, and everybody knows that smoking weed over a week before a fight is has no effect on the fight or the safety of the fighters. I have said from the beginning that I think he screwed up, simply because he knows how the commissions are and he knew he would be tested. He also knows how to pass the tests, because he has done it multiple times since the Gomi fight. So yeah, Nick definitely should have done things differently, but the commissions, specifically Keith Kizer, are ridiculous about this topic and they need to be knocked down a peg.