This fight has been going on so long, I'm not even sure what round it's in.
It's almost irrelevant now, though, because Nick Diaz has lost his latest round in court, according to Sherdog.com. His petition for a review in Nevada District Court was dismissed yesterday (Dec. 14), which means his year-long suspension handed down by the Nevada State Athletic Commission (NSAC), not to mention the 30-percent fine of his fight purse from UFC 143, will stand.
Diaz was popped for marijuana metabolites following his unanimous decision loss to Carlos Condit back in February and as been riding the pine ever since, thanks to the aforementioned suspension.
Said suspension will come up in two short months, nearly rendering all of this battling in court moot, or at least one would think. Despite that, Diaz's lawyers are advising he take this as far as it needs to go.
"Despite expressing misgivings about the vagueness and ambiguity of the Nevada Athletic Commission's prohibition on using marijuana ‘before' a contest, the Nevada District Court today dismissed Nick Diaz's petition for judicial review of the athletic commission's disciplinary order made against him earlier this year. Judge [Joanna] Kishner was obviously troubled about due process concerns engendered by the vagueness of the anti-doping rule. How long before is ‘before' under the regulation? A day? A week? Due process requires that fighters have clear notice of what the rule is, so they can adjust their behavior accordingly. Similar serious concerns relate to the commission's after-the-fact definitions of undefined terms on the pre-fight questionnaire -- and punishing my client for failing to correctly guess how those terms would be defined. Frankly, if I had been filling out the questionnaire, I wouldn't have thought that marijuana was a ‘prescription' drug either -- given that it is illegal under federal law for doctors to ‘prescribe' marijuana. As a matter of law, a ‘physician's statement' is not a prescription. I will be seeking my client's instructions to file an appeal to the Nevada Supreme Court forthwith."
Even if Diaz's team of lawyers got this overturned, his career trajectory likely wouldn't be affected. That's because plans are already reportedly in place for Diaz to headline UFC 158 on March 16, 2013, in a welterweight championship fight against Georges St. Pierre in Montreal, Quebec, Canada.
So maybe he lost the round but it looks like he'll win the war. Or something like that.