The long-running case of Nick Diaz’s issues surrounding UFC 183 will finally be resolved early next week. The UFC welterweight will finally go in front of the Nevada State Athletic Commission on Tuesday, September 14th to try to resolve an issue over a positive drug test for marijuana metabolites. It may sound pretty cut and dry at first glance, especially since Diaz has been suspended for the same thing before, but the issues surrounding the case are actually pretty interesting (and complicated).
First, there is the actual test that he failed for. Three drug tests were administered by NAC. Diaz passed the first and last one, which were screened by the WADA-accredited Sports Medicine Research and Testing Laboratory. The second test is the one he failed, and it was screened by a different agency – Quest Diagnostics.
In documents obtained by MMA Junkie, Diaz actually took several pre-fight tests at UFC offices as well. This was because he had to submit a clean sample before the fight due to the terms of his 2012 weed suspension by the commission. It seems that Diaz was having trouble obtaining a clean sample, which led his manager to inquire about a marijuana therapeutic-use exemption (TUE) “on or about Jan 23rd”. In the end, Diaz submitted a clean sample on January 28th, three days before the fight. So he was apparently good to go.
The problem is that those tests, which according to Diaz’s camp were supposed to remain confidential, were subpoenaed by NAC in early August. Nick’s camp filed a “motion to quash” the subpoena earlier this week, which they argue will unfairly influence the commission when it comes time to hear his case.
“Through its representative, UFC assured Mr. Pierson — and thus Mr. Diaz — that all UFC-arranged out-of-competition urine specimen collections, tests, and corresponding results were to be strictly confidential and to remain undisclosed unless Mr. Diaz consented otherwise.”
“The disclosure of such tests could adversely affect his professional reputation, damaging his income. Moreover, the commission has no claim on such tests that were out-of-competition, conducted by utilizing collection procedures and testing methodology inconsistent with applicable WADA standards, and undertaken by Mr. Diaz in the good faith belief that they would remain confidential.”
They also deny that Diaz failed the Quest-screened test.
As expected, NAC responded by filing a motion in opposition, claiming that the testing was disclosed by his manager to the commission beforehand so the results should be relevant to the case.
“And now, Diaz blithely argues that these results are confidential. He even asserts a commercial interest in preserving the confidentiality of failed urine tests disclosed by his own manager as part of the commission’s application process.
“In fact, Diaz was desperate to get licensed for the biggest of his life. But he waited and waited until the 11th hour to apply because he could not obtain the required clean drug test result.”
Were you able to follow all that? I wrote it and I’m still barely able to. Regardless, we should get a lot more clarity on the whole situation on Tuesday.
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