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By: Jamie Penick, MMATorch Editor-in-Chief
In one of the more asinine, ego-driven moves in the history of the Nevada Athletic Commission, Nick Diaz has been suspended for five years and fined 33% of his $500,000 purse out of UFC 183 over a failed drug test for marijuana.
The decision came after a heated hearing in which Diaz's well-prepared defense poked holes in procedures used by Quest Diagnostics, which found a positive test from Diaz on fight night in January despite two sandwiching tests within hours coming back negative by the SMRTL lab. However, despite the compelling case laid out by Diaz's attorney Lucas Middlebrook, the commission took exception to Diaz's refusal to testify outside of invoking fifth amendment rights, and commissioner Pat Lundvall in particular was on edge in her interactions with Middlebrook and towards Diaz.
Refusing to even entertain the defense presented, Lundvall expressed clear disdain for Diaz and accused him of disrespecting the commission in the sport, initially calling for a lifetime ban in the state of Nevada. Her fellow commissioners talked her down to a five year ban, which in MMA may essentially be a lifetime banishment anyway.
While it was Diaz's third failed test for marijuana in the state, the fact that he had two other negative tests cast doubt on the positive for many; unfortunately for him, the commission wasn't swayed, and the result is a punishment unheard of in combat sports to date.
Penick's Analysis: Let's be clear here - Diaz got five years because he dared challenge the commission and bring doubt to their case. This outcome was clearly decided before the proceeding took place, and the next step for Diaz is to attempt to fight this in an actual court and bring a lawsuit against the commission. They've grossly over-stepped their bounds. To put this in perspective, Chael Sonnen was suspended two years while being fawned over by this commission after he tested positive for numerous performance enhancing drugs. Diaz may or may not have had marijuana in his system, but the testing done cannot at all prove he had used the drug the day of the fight, when it wouldn't have been allowed, and he's been suspended five years. It's a disgusting power trip move on the part of Lundvall, Francisco Aguilar, Skip Avansino, and Anthony Marnell, and a condemnation of the process.
[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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