Nick Diaz will have to wait a bit longer to find resolution, as the UFC welterweight has not been placed on the Nevada Athletic Commission’s April 24 agenda. Sherdog.com confirmed Wednesday with Keith Kizer, executive director of the NAC, that the commission plans to hold Diaz’s hearing at a later date.

Diaz -- a medical marijuana patient diagnosed with Attention Deficit Hyperactivity Disorder in his home state of California -- had his UFC 143 drug test flagged for marijuana metabolites after suffering a unanimous decision defeat to Carlos Condit on Feb. 4 at the Mandalay Bay Events Center in Las Vegas. Diaz was suspended by the commission on Feb. 22 pending a disciplinary hearing.

Diaz’s attorney, Ross C. Goodman of Goodman Law Group, wrote a letter last Friday to Nevada Deputy Attorney General Christopher Eccles, seeking confirmation that the NAC would address its complaint against Diaz during its April 24 meeting. Citing the Nevada Revised Statutes (NRS 233B.127), Goodman asserted that Diaz’s suspension should have been addressed within 45 days of its Feb. 22 approval by the commission, meaning the hearing should have taken place by April 6.

“In discussions with Mr. Kizer, following the Summary Suspension Order, Mr. Kizer informed me and others that this matter would be placed on the NAC’s agenda,” Goodman wrote. “Our client was and is confident that there is no basis for disciplinary action against him and therefore did not object to a delay beyond the required 45-day time limit as long as the matter was heard and determined in April.”

Eccles responded to that letter on Monday on behalf of Attorney General Catherine Cortez Masto, informing Goodman that the NAC was still awaiting the delivery of Diaz’s medical marijuana card.

“On several occasions, you told me and Mr. Kizer that Mr. Diaz had a medical marijuana card,” Eccles wrote. “You agreed to produce the card prior to the disciplinary hearing. I’ve waited for more than a month for the card. As a result, I issued a Request for Production for the card and other information regarding Diaz’s case. You have chosen not to provide the requested documents, including Mr. Diaz’s card. If Mr. Diaz does not have the card, simply confirm that in writing. As to the relevance of the of the documents I requested for production, it is the Commission that will ultimately decide what is relevant.”

Eccles went on to dispute Goodman’s claim that the NAC had not acted within the required 45-day time limit as outlined by the NRS, stating that Diaz did not receive a summary suspension, which is issued “when an agency suspends a license, prior to a hearing before a board or commission, due to emergency circumstances which pose a risk to public welfare.”

“No Notice of Summary Suspension was ever served on your client,” Eccles wrote. “In this matter, Mr. Diaz was properly served with a ‘Notice of Hearing on Temporary Suspension,’ and he failed to appear at that hearing. The Commission temporarily suspended Mr. Diaz at the hearing. Neither Mr. Diaz nor you objected in any manner to the temporary suspension.”

Citing the California Health and Safety Code (CHSC), Goodman addressed Eccles’ letter on Thursday morning, telling Sherdog.com that he has already supplied the commission with proper evidence of Diaz’s medical marijuana use in the form of signed statements from Diaz’s physician, Dr. Robert E. Sullivan. Additionally, Goodman has not backed down from his stance that Diaz’s fate should have been decided within 45 days of the temporary suspension’s approval. In an email to Sherdog.com, Goodman wrote:

“Mr. Diaz agreed to produce the required documentation to prove that he is lawfully entitled to use medical marijuana under the laws of California. In a letter dated April 11, 2012, Ross C. Goodman, Esq. responded to the [NAC’s] request for an Identification Card by providing two Physician’s Statements from Dr. Sullivan. As the [NAC] should know, the Physician’s Statements (not an identification card) constitute the “written documentation” required to qualify Mr. Diaz to legally engage in the medical use of marijuana (see CHSC 11362.5). In addition, Dr. Sullivan explained (Exhibit A attached to the Response of the First Amended Complaint) that after examining Mr. Diaz and reviewing medical records as required by California law, he rendered a ‘professional opinion’ evidencing that medical use of marijuana is appropriate to treat ADHD (see CHSC 11362.715(a)(2)).

“It appears that Mr. Kizer mistakenly believes that an identification card is a mandatory requirement. However, the California regulation clearly defines that an identification card is strictly voluntary (see CHSC 11362.7(f) and (g)). The option to obtain an identification card is to assist law enforcement officers in making a prompt identification of qualified patients to avoid unnecessary arrest. It is outrageous that Mr. Kizer would delay a full hearing after providing the best evidence under California law -- the Physician’s Statements -- the dispositive document that qualifies someone to legally use medical marijuana. As a protection against arbitrarily delaying proceedings -- as evidenced in the Diaz matter -- and thereby depriving licensees of the right to earn a living, the [NAC] is required to make a final determination based on the allegations of the complaint within 45 days after a temporary suspension.”

Diaz’s exclusion from the April 24 agenda comes after an extended back-and-forth between the involved parties dating back to the commission’s initial complaint filed against Diaz on Feb. 9. Goodman responded to that complaint on March 7, asserting that Diaz should not be subject to discipline as a legal, out-of-competition user of marijuana. Goodman alleged that the metabolites found were inactive and could not have possibly affected Diaz’s performance in the cage, as the fighter had stopped using marijuana eight days prior to the bout.

On March 28, the NAC amended its complaint, reiterating that Diaz broke the rules by testing positive for marijuana metabolites. The commission also brought forth Diaz’s responses on his medical questionnaire, alleging that he had provided false or misleading information by checking “no” when asked if he had consumed either prescribed or over-the-counter drugs within two weeks of his bout or if he suffered from any serious medical conditions.

Goodman sent another response to the NAC on April 11, stating that the welterweight responded to the questions in good faith, as marijuana is neither a prescription nor an over-the-counter drug in California. Additionally, Goodman alleged that ADHD would not be considered by most to be a “serious medical condition,” attaching a signed letter from Diaz’s physician that echoed the point.

A disciple of Cesar Gracie hailing from Stockton, Calif., Diaz made his return to the Octagon this past October, outpointing B.J. Penn in a bloody three-round contest at UFC 137. The former Strikeforce champion next appeared on Feb. 4, fighting Condit for the interim welterweight title at UFC 143. The rangy southpaw has finished 21 of his 34 career victims and has never been submitted in nearly 11 years as a professional.

view original article >>
Report here if this news is invalid.

Related News

Anderson Silva's NAC hearing deadline changed to June 5

  • 16 days ago
  • 2 views

MMA fans will have to wait longer to find out what fate has in store for Anderson Silva, as the Nevada Athletic Commission hearing concerning his performance enhancing drugs accusation has been delay read news >>

Nevada commission delays Nick Diaz's disciplinary hearing

  • 14 days ago
  • 4 views

Nick Diaz will have to wait a bit longer to meet with the Nevada State Athletic Commission.Filed under: News, UFC read news >>

Video: Nick Diaz balance training in Venice Beach

  • 14 days ago
  • 369 views

Watch as controversial UFC star Nick Diaz trains in California's hotspot, Venice Beach. Despite Nick Diaz's absence from the mixed martial arts realm due to his failed drug test for marijuana metabol read news >>

Video: Nick Diaz TKOs Ralek Gracie with body shot

  • 20 days ago
  • 738 views

Cesar Gracie posted an old training video of Nick Diaz sparring with Ralek Gracie. It didn't go well for Gracie. Everyone loves a good Nick Diaz video, right? Well Cesar Gracie agrees, so he recently read news >>

Watch Nick Diaz TKO Ralek Gracie for throwing spinning s--t while sparring

  • 20 days ago
  • 1248 views

Doesn't Ralek Gracie know that Nick Diaz really hates when his opponents throw spinning shit? Cesar Gracie -- longtime manager of the Diaz brothers -- revealed to the mixed martial arts (MMA) communi read news >>

Nick Diaz rocks Ralek Gracie with body shot

  • 20 days ago
  • 1694 views

Don't throw spinning sh*t when you spar Nick Diaz. In a video released Friday night, Cesar Gracie found an "old tape" showing Diaz rocking Ralek Gracie with a body shot during a training session. Che read news >>

Diego Sanchez interested in Dennis Siver bout for featherweight debut

  • 22 days ago
  • 9 views

10 year UFC veteran Diego Sanchez launches a Twitter campaign to find a worthy opponent for his 145 lb. debut. Will Dennis Siver answer the call? 33-year-old Diego Sanchez embarked on his UFC career read news >>

Nick Diaz wants a rematch with Anderson Silva outside the UFC's 'dog cage'

  • 22 days ago
  • 33 views

UFC 183 was a disappointment for Nick Diaz on a number of levels. Now, he would like another crack at Anderson Silva – under PRIDE rules.Filed under: News, UFC read news >>

Nick Diaz wants to rematch Anderson Silva in a ring ... not UFC's 'dog cage'

  • 23 days ago
  • 41 views

Woof, woof. Nick Diaz still believes he won his fight against Anderson Silva at UFC 183 earlier this year. Even though the Octagon-side judges all came to the conclusion that "The Spider" did enough read news >>

Nick Diaz wants rematch with Silva, Pride yellow cards and ring instead of 'dog cage'

  • 24 days ago
  • 203 views

Nick Diaz takes to Instagram to sound off on Anderson Silva and the UFC's policies. Menacing UFC star Nick Diaz has been long overdue an enticing rant to reclaim his position in the media spotlight. read news >>