Nick Diaz denied request for judicial review - ANALYZED

[DJreplay]

"A Las Vegas judge has denied UFC fighter Nick Diaz's request for a judicial review of his 2012 suspension by the Nevada State Athletic Commission for testing positive for marijuana metabolites."

Here's an attorney that explains what the judge's decision means and how the legalization of marijuana and medicinal marijuana laws may or may not affect the rules of state athletic commissions in the future. [Read More]

 

[iwhoopedbatman]

Can every wannabe Diaz plaintiff's attorney please note that the presence of metabolites is specifically stated to be enough to conclude that he had smoked weed and that the NSAC has broad powers to interpret its own rules.

 

[anesthetized]

i really wish people could just let people worry about their own personal brain chemistry. it nobodies damn business but nicks.

 

[Tankeray]

what the fuck is this

 

[WebbyTheGreat]

i really wish people could just let people worry about their own personal brain chemistry. it nobodies damn business but nicks.

thiis

 

[DJreplay]

what the fuck is this

basically, Nick requested a judge to review the NSAC's suspension/fine of him due to marijuana. and the judge refused to do so -- even though nick had a medical marijuana license.

a lot of it is legalese speak above me head but the lawyer does a pretty good job of breaking it all down and explaining why the legalization of marijuana may or may not affect the athletic commission's stance on marijuana.

 

[emperor]

what the fuck is this

Diaz tried to argue that he didn't actually test positive for marijuana, but metabolites of marijuana. The AC told him that's close enough.

 

[sobermonkey]

Administrative review of a tribunal's decision generally affords a high degree of deference to the judgement of the original tribunal. Short some palpable and overriding error of fact (or error of law) the decision of an administrative tribunal will not be disturbed. This decision is not surprising given this general principle of administrative law andone needs to wonder why Diaz shelled out to press the matter further.

 

[Kryptik]

Seriously, like I've been saying before, legalization by criminal law and legalization in competition were always separate issues, especially since the banned substances list for MMA have long included legal drugs and substances.

 

[The Batman]

Wannabe lawyers up ITT.

 

[RedRackham]

So nick can still fight gsp in march, right???

 

[MortalWombat]

Diaz won on pages 1, 2 and 5

 

[ms4n]

i really wish people could just let people worry about their own personal brain chemistry. it nobodies damn business but nicks.

For the sake of argument....

If you look at #5 The judge is saying Nick uses Marijuana to aid in training. That would somewhat logically presume it somehow gives him an advantage over someone else. Hey, I'm not making up the logic just sayin the judge feels it's not just impacting Nick.

 

[ms4n]

Diaz won on pages 1, 2 and 5

lol

 

[smittaayymma]

lol nicholas diaz.

 

[ABC]

I don't think anybody really had much hope of this getting changed by the courts.

It wasn't like they were denying him a license for using medical marijuana. He was using it and lied on his application.

 

[anesthetized]

For the sake of argument....

If you look at #5 The judge is saying Nick uses Marijuana to aid in training. That would somewhat logically presume it somehow gives him an advantage over someone else. Hey, I'm not making up the logic just sayin the judge feels it's not just impacting Nick.

are you kidding me? thats my point entirely. people will insane things to justify meddling in peoples lives.

 

[ABC]

For the sake of argument....

If you look at #5 The judge is saying Nick uses Marijuana to aid in training. That would somewhat logically presume it somehow gives him an advantage over someone else. Hey, I'm not making up the logic just sayin the judge feels it's not just impacting Nick.

the judge said there was evidence that Nick admitting to using it to help his training. Not the same thing.

 

[ABC]

So nick can still fight gsp in march, right???

yes, this has nothing to do with him getting re-licensed as his suspension will be up by that time

 

[ABC]

Diaz tried to argue that he didn't actually test positive for marijuana, but metabolites of marijuana. The AC told him that's close enough.

He pretty much blew his case anyway when he admitted to having used it 7 days before the fight because he said on his application that he hadn't used it in the last 14 days.

That alone, is cause for his suspension