Recently a lawyer for former Strikeforce welterweight champion Nick Diaz outlined his strategy for getting his client’s suspension ended. Lawyer Ross Goodman outlined a defense based on the technicality that the marijuana metabolites his client tested positive for are not explicitly named as banned substances. The creative defense may not matter however, as Diaz did not list his prescription on his pre-fight medical questionnaire according to a statement from NSAC to Yahoo Sports.
This is a key element in the case since Diaz has admitted to being prescribed marijuana for attention deficit hyperactivity disorder and admitted use within the two-week period the questionnaire asks about.
Goodman planned to argue that Diaz was not guilty of any wrong-doing due to the specific marijuana metabolites Diaz tested positive for not being explicitly named on the list of banned substances. The argument was a long shot due to a few factors including: a) despite the marijuana metabolites not being listed as illegal, if they are not approved they still fall under the non-approved substances section of the WADA code b) despite being given a prescription for marijuana in California, Diaz failed to list it on his pre-fight medicals and also he failed to register for a therapeutic use exemption c) the failure to list prescribed marijuana on his pre-fight medicals would still be a penalty d) Diaz is previous offender.
Diaz is expected to appeal the test in April if neither side files for an extension.