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By: Jamie Penick, MMATorch Editor-in-Chief
On the same day the Nevada State Athletic Commission granted Chael Sonnen a therapeutic use exemption for testosterone replacement therapy, taking much of his testimony at face value, they threw the book at Nick Diaz, handing him a one year suspension and fining him 30% of his purse for his positive test for marijuana metabolites at UFC 143 in February.
Despite a strong case by his attorney Ross Goodman, Diaz's arguments fell on deaf ears with the commission, who went on multiple questioning tangents about his marijuana use and seemed to treat cannabis as more of a performance enhancing drug than testosterone.
The hearing lasted for several hours, much of which featured factual inaccuracies repeated by commission members despite refutation in testimony and arguments made by Diaz's camp. Additionally, much of the case made by Goodman only seemed to confuse a couple members of the commission, and at worst much of is was completely ignored.
Ultimately, a motion was made to suspend Diaz a year and hand out the 30% fine. The motion was seconded and upheld on a vote, and Diaz is now officially suspended until February 4, 2013.
Penick's Analysis: This was just an unacceptable punishment given what happened here. Diaz wasn't smoking the day of the fight, and even if it was the day before the fight it doesn't deserve a 30% fine (which will amount to over $60,000 at the least). It's not surprising, and in fact the failure to get an injunction on the suspension all but sealed the deal for Diaz last week. He may have grounds to sue the commission again, to challenge their overarching power as judge, jury, and executioner here, and that might be his next course of action. Regardless, the fact that Alistair Overeem's ridiculous case only amounted in a nine-month denial of a license while this much more reasonable case brought about a year and 30% of his purse is just asinine. This was not a just outcome for this case, as unexpected as it is.
[Nick Diaz art by Grant Gould (c) MMATorch.com]
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Jamie Penick, editor-in-chief
(mmatorcheditor@gmail.com)
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