CSAC explains Nick Diaz situation

nick-diaz1.jpgThe upcoming bout between Nick Diaz and Jay Hieron on the main portion of the “Strikeforce: Carano vs. Cyborg” event scheduled for August 15 is currently in extreme turmoil.

FiveOuncesOfPain.com recently had the opportunity to get the latest details on this unfolding story from California State Athletic Commission Assistant Executive Officer Bill Douglas. According to him this bout is not currently beyond saving, but it’s getting closer and closer to that point with every passing minute of the day.

For absolute clarity we’ll let Mr. Douglas explain the details and transpirings of the past events that have led us to this point in his own words.

“When we initially made contact with the Diaz camp in regards to acquiring the pre-fight drug testing he was allegedly training in Florida with American Top Team and not available to be in California. No problem. We were trying to be accommodating.

“We knew he was scheduled to be a special guest at a boxing/kickboxing event that was taking place this past Friday evening. So we contacted Cesar Gracie on Wednesday to make the arrangements and let them know that we’ve been trying to arrange this drug test for some time. You know, we were like, ‘Let’s make this happen sooner than later because we want to make sure that we get the test results back in time. Technically we would have to get the test done by Friday to insure that we have enough time to get a drug test processed, it doesn’t take as long as a steroid test. So let’s do this’.

“Well they wanted a clarification on a legal opinion about medicinal marijuana in California because of the deal that was allegedly made between Nick Diaz and Armando Garcia. And I’m sitting here thinking, well Armando hasn’t been here since November. Is that really the policies of a person that we want to emulate at this point in time. So lets disregard that but Cesar asked for a legal opinion and at that point I’m obligated to give it to him. I went back to the department’s legal team, and what they clarified was that the passionate use act in California will protect people from criminal prosecution for the use of medicinal marijuana, but it does not protect them from administrative action against a license. So there is no criminal actions here against Mr. Diaz, it’s a licensing action that still falls in line with our rule 303 prohibiting use of a banned substance, and at this time in regards to athletic competition marijuana is still considered banned. So that’s what we came back to Cesar with.

“On Thursday we actually made arrangements again with Cesar. I set it up on this end for an athletic inspector who was going to be in Sacramento to wait for them and greet them. Cesar made contact with the athletic inspector and agreed that it would be best to do the drug test prior to the Friday evening boxing/kickboxing event, because of the fact that Nick was going to be there anyway. Cesar wanted to do it before anyone got there, we said no problem. We confirmed it with Cesar on behalf of Nick and this inspector. On Friday evening I get a phone call from the inspector saying they no-showed. There’s no Nick Diaz, there’s no Cesar Gracie, there’s nobody. When I reached out to Nick through phone call I was informed that Nick was busy training at Donner Lake. And I’m sitting here thinking that there’s a huge problem because to get to Donner Lake you have to go through Sacramento. So what’s the deal.

“Now Nick Diaz is completely unavailable, so I call the promoter and tell him we have a huge problem. I told him that I was out of options and didn’t know what to do. At this point, without his license, we can’t approve him to fight Jay Hieron. So this is fairly late in the evening on Friday night, about 9 or 10 pm on Friday night. I was on the phone at all hours dealing with this on Friday night, and the promoter said , “How about this as an option? How about we make sure that Nick is in Los Angeles on Monday. That way at least he’s there and we can drive him over to the lab”. I said, ‘You know what. In interest in fairness to Nick, interest of fairness to you and all of the fans that have wanted to see this fight; let’s do that. I’m all for second chances, let’s do whatever we can to get this man licensed. This is the only possible way we could get the test results on Friday. I even went as far as to say that I wouldn’t give a cut off time for the test results. I will take the test results up until seconds before Nick Diaz has to get on the scale. Seriously, I want to get this man licensed. The promoter said, “Excellent, thanks for this opportunity. We appreciate it. He’ll be there.”, and that was the last time we’ve heard from anybody. At least if we could get the test done by 2 pm this afternoon and get it to the lab by 5 pm, we’ll be alright.

“I attempted to contact the promoters of the event on Saturday night as far as what needed to be done, and again at midnight. The inspector has also made attempts to contact them on Saturday night, Sunday morning, Sunday evening, and again this morning, and neither one of us has heard anything from either the promoter or the Diaz camp. I’m sitting here thinking that we’ve done everything we can to try to get ahold of them and if we can’t get a simple phone call back, or some kind of fax, or an email, just one line, something; If they can’t meet us halfway on that, then it’s doomed.”

34 COMMENTS
  • David Andrest says:

    Unbelievable.

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  • ozz_the_powerful says:

    Why am I not surprised by this?

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  • ericfsu says:

    I think i just saw him at taco bell, curing the munchies

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  • David Andrest says:

    My guess is you know a few people who smoke, and realize how irrational they can be about not smoking? I just don’t get it.

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  • fanoftna33 says:

    Maybe he doesnt want to fight Heiron.

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  • RoadsideGraphix says:

    So… long story short. Nick is flushing himself to try and pass a ridiculous pee test for a drug that both Doctors and Government of California have both said is okay.

    My question for Bill Douglas is this: What has to be done to get Marijuana off the banned substance list?

    We all know its not performance enhancing!

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  • edub says:

    That would be my question too. If he already took the performance enhancer test I would say let it go but rules are rules.

    Whos the retard that said He mustve been stoned in the gomi fight because the shots weren effecting him. Or something along those lines.

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  • Gurthee says:

    Re-god-damn-diculous is what it is. I think you hit the nail on the head RoadsideGraphix. He’s trying to flush his system. That in itself is rediculous because marijuana should not even be an issue in this day and age. Especially if he’s got a prescription to use it. BTW, I’d love to hear his excuse for the prescription. “I get depressed alot Doc. Especially when I run out of weed.” Too bad. I love watching this guy fight. Performance enhancing drug….right. Hopefully the fight still happens.

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  • lemonheadzzz says:

    I’ve always been of the opinion that weed is most definitely not a performance enhancer, but I heard a doctor talking about it, with regards to Nick in the Gomi fight, and he said that anything that can mask pain is classified as a performance enhancer.

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  • Rich S. says:

    They don’t need to remove Marijuana from the banned substance list..

    Nick has an obligation as a fighter, and he needs to quit smoking (at least, for certain periods of time) and uphold that obligation..

    He was doing so good there for a while, but Mary Jane reared her ugly head again..

    It’s a shame that we have a fighter so young, with such unbelievable skills, that let’s this drug slow down his career.. prescription or not..

    I’m actually really surprised we haven’t seen this affect Nate yet..

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  • edub says:

    1. Just because theyre brothers doesnt mean they both smoke.

    2. They do need to remove it from the list. It is not a performance enhancer. If you dont believe me roll or spar while your stoned and you can see it actually hurts you more than it does good.

    3. Marijuana can stay in your system for up to 45 days.(WIth Nicks work ethic weight and body fat percentage he can probably get it out in two weeks). So your asking a guy to stop using his medicine that keeps him sane up to a month before the fight. Yea thats a great idea.

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  • metalmulisha says:

    Diaz out, JT Money in vs. Hieron.

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  • ozz_the_powerful says:

    “Medical Prescription”

    Get real. It’s BS. Keeps him sane? What the hell did people do before they lifted the ban? Marijuana is not a medicine. It’s a drug, and it’s classified by the federal government as such. It does need to be on the list. Just like pain killers and even Aderol.

    Just b/c the People’s Republik of Kalifornia says it’s ok, doesn’t make it right. Just like them telling me I can’t own a high capacity magazine for any of my pistols.

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  • ozz_the_powerful says:

    Anyways, this isn’t even about legalization or anything. This is about a fighter that signed a contract to fight other professional fighters, drug free… He is expected to be clean for that. Bottom line.

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  • metalmulisha says:

    Yeah, let’s not get into the whole should this drug be legalized argument because I get enough frustration just dealing with people’s views on MMA here.

    Anyway I know this is going to be a non title fight between Hieron and JT Money, but does anyone know if it’s still going to be televised on the Showtime card?

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  • ozz_the_powerful says:

    I haven’t heard anything different. It should be.

    What the Hell Mulisha!! How are you getting this news before me!?

    Mulisha-2 Ozz-0

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  • edub says:

    You just listed Marijuana in with Aderol and Pain killers. WHy not just add it in with Heroin and Coke.

    So why isnt creatine, xyience products, and every other performance enhancing sopplement a drug.

    ANd If he gets stoned on weed a week or two before the fight your telling me he isnt clean. Thats just stupid.

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  • ozz_the_powerful says:

    No. What’s stupid is not fulfilling your obligations of your contract as a fighter. That’s stupid. That’s childish. That’s what this is about, and this is the second time. Not acceptable.

    edub, I normally agree with you on a lot, but I will go to war about this one. This has nothing to do with lagalization or anything. Politics I will not discuss. The issue here is a written rule that he is fully aware of and has broken once already. Plain and simple.

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  • edub says:

    My issue is with the retarted rule. Its weed same as alcohol IMO. Why was he able to fight with Armandos policy the last 4 fights and has to do something different this time. Its not like its two fights in a row.

    Do you really think he stopped smoking for the last four fights he was in. I actually dont have the fightfinder at work but i know its been at least 4 fights in the US since that GOMI fight, but does anyone know the exact number.

    It seems like the written rule was modified for someone in his situation and has been changed by the new commissioner.

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  • David Andrest says:

    Ozz I know we have different views alot of the time.

    You are spot on. Nick Diaz is a fighter, Knows what is expected of him, end story.

    don’t talk to me about removing pot from the list 5 days before an event. why are we not having this discussion everyday? It’s not an issue until someone is busted.

    Where does everyone have these magical jobs where they can pee positive for drugs with no negative side effects?

    He KNOWS he can’t test positive and get a license, so just don’t test at all.

    Once again MMA is trying to get in the way on Nick smoking weed.

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  • edub says:

    Somebody answer me why they just didnt do it the same way whey did his past couple fights. Why bring up a suprise drug test on a guy you know smokes weed?

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  • ozz_the_powerful says:

    Because Armondo has been gone from the comission since November. 7 fights since the “no contest”

    To me its not a question if he did for the last x amount of fights. It’s what’s right.

    How can you class pot and alchohol in the same category? ITS IN THE RULES!! He’s a professional fighter and should know better. Same as Barnett. Nobody stuck the needle in his ass but him. They both made concious decisions, and now they have to pay for it. Diaz is already out. Jesse Taylor is in

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  • edub says:

    OK ill say alcohol is worse than pot. I dont care what rules say about weed. To me somethings fishy when a commission changes the way they test someone just to catch them for smoking weed when they know he does it.

    Whats not getting said here is Nick Diaz doesnt have to fight at 170 anymore.hahahahahahaha

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  • ozz_the_powerful says:

    “I was gonna fight big Jay, but then I got high……..”

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  • edub says:

    Ok on to the next fight…

    IS JT confirmed? How do you guys see that fight going? My first response would be Hieron by domination but the more i think about it their wrestling credentials are pretty even and Hieron has a history of blowing big fights sooo… thoughts?

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  • mu_shin says:

    Agreed, very unprofessional to sign a contract and then question the terms. If Diaz agreed to it, he should abide by it.

    The nature of our system of governance is founded on questioning authority, and we have a long history of respect for civil disobedience. My personal opinion is that similar to alcohol, where no fighter should ever enter the ring drunk, no fighter should ever enter the ring stoned. If a fighter uses weed even the night before a fight however, it would have no bearing on the ability of the athlete to defend himself.

    Marijuana is illegal by federal law, hence the current prohibition. As California allows medical marijuana, then the CSAC should either change their rules to accommodate that reality, or clarify the current stipulations regarding a fighter’s use of marijuana outside the ring. It sounds like some kind of arrangement was made for Diaz previously, which CSAC no longer feels they should honor, due to a change in personnel. Clarification is in order, but Nick should honor the contract he agreed to in pursuit of his professional career as an MMA fighter.

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  • edub says:

    Damn good post Mu shin.

    Except how would nick honor a contract if he thought it had certain stipulations which it turned out not to have.

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  • edub says:

    hmmmmmmmmm…

    As of right now Im gonna go with Hieron by tko. But, my mind might change before next week so who knows.

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  • ozz_the_powerful says:

    It was confirmed by Coker. As far as the fight, I have to go with Taylor. He’s riding a 7 fight win streak, perhaps not all against quality, but that’s steam heading into this none-the-less. I see it ending on the ground with a submission by JT.

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  • [...] Hieron’s previous opponent Nick Diaz was scratched from the bout after failing to submit to a drug test requested by the California State Athletic Commission. [...]

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  • CMT says:

    These comments are not really about marijuana, they are about fighters not getting paid. I have read between the lines and I am damn sick of hearing about fighters not getting paid. Hold on coffee is ready. Ok, sorry I am back. Anyway, these fighters have signed a contract and know the stipulations. Hold on my Aderol is kicking in, WTF these comments were about weed. I thought there was some conspiracy in every comment about fighters not getting paid. Damn Nick puff, puff give.

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  • madheartmma says:

    Dude if he uses “weed” what’s the big deal? he knows when he is SUPPOSED to leave a urine, then he plans accordingly, but they spring this EARLY TEST on him, knowing he uses the MEDICAL MARIJUANA. and yes “uzz da purrful” it is MEDICAL, have you researched it? do you live in Cali? do you know?(prop#215) are you a Dr.? EDUB:”So why isnt creatine, xyience products, and every other performance enhancing supplement a drug.” GREAT POINT !!! CMT : ON POINT !! Diaz has helped out so many fighter w/ $$ for so many thing so they could fight ! and they pull this early urine thing? WTF?? FOR REAL?? DIAZ IS A GREAT FIGTHER, THAT’S WHO I WANNA SEE FIGHT!! AND uzz da purrful..weed(DIAZ) & steroids(Barnett)…comparable??? Really?? sounds like you need to tap more often,, to many naps for you.. comparable are your opinions, and the guys who CHANGED the urine test time. what’s the difference: if i fight at 185 in a month, but tomorrow, they come to my house, early, and say “step on the scale, make weight, so what,your a professional”. Diaz doesnt smoke either, he eat’s weed, and it’s FAR from enhancing one’s FIGHTING ability.LET’S ALL NOT GET…..IG-NO-RANT (lacking in knowledge or training; unlearned:) man, i need some herbal enhancement..HA! HA! And ozz- your cool dude, just bustin chops, this one eurked me a little, LET DIAZ FIGHT! HATERS! PEACE (or lose teeth). later

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  • JollyDV says:

    This is a lot more of just Nick missing a testing. Where is his manager? his agent? his teammates? His entire team failed him. What a mess.

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  • ozz_the_powerful says:

    madheartmma says:…….. What?

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