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Attorney To NSAC: Nick Diaz Did Not Lie On UFC 143 Pre-Fight Questionnaire

Nick Diaz’s attorney, Ross Goodman, didn’t take too kindly to the NSAC calling his client a liar yesterday.

Speaking to MMA Junkie, Goodman refuted that Diaz “lied” about not taking any medical prescriptions two weeks prior to the Carlos Condit fight on his UFC 143 pre-fight questionnaire. He claims Diaz never lied because he wasn’t making an official sworn statement on that document and moreover, medical marijuana is not actually “prescribed” by a doctor like other medications are despite the fact that Diaz’s manager Cesar Gracie has said Diaz has a prescription for medical marijuana.

“In order for you to have a false official statement, it has to be sworn to,” Goodman said. “It has to be under oath. If you found something contradictory in an affidavit that is sworn to under penalties of perjury, then that’s where you really have a claim of false official statement. Here, you have none of that. You have a one-page, pre-printed questionnaire that was simply signed. There was no witness to attest to it, it wasn’t done under penalty of perjury, (and) it wasn’t sworn to.

“The second issue, which is really the main issue, is that he was truthful in responding to that question. He didn’t take prescription medications in the last two weeks (prior to the fight).”

“The way that you become a medical marijuana patient is … that you have a doctor,” Goodman said. “A doctor doesn’t prescribe to you marijuana. A doctor recommends that that would be an approved use for whatever diagnosis somebody has. In [Diaz’s] case, [attention deficit hyperactivity disorder]. So nowhere is there an actual prescription for marijuana. It would be illegal for any doctor to prescribe marijuana.”

So basically we’re talking technicalities at this point and it only got more confusing as Keith Kizer and Goodman argued about whether or not it’s a safety issue further down in the story.

Regarding the NSAC’s official response from yesterday though, Goodman believes the NSAC can’t refute his point about marijuana metabolites not being a banned substance, and therefore they’re merely just trying to attack Diaz from another angle.

“So what are we talking about? I don’t think the Nevada State Athletic Commission knows how to address that issue now because we brought the actual rules to light. So now I think that they’re first reaction was, ‘Well, shoot, we do have some potential issues,’ so what else can we say was wrong here? Oh, there was a pre-fight medical questionnaire that’s asking for prescription medication? That was untruthful.’

“Maybe instead of attacking him and blaming him for something that’s completely ridiculous, they should have a special category (on the questionnaire) that says, ‘Are you a medical-marijuana patient?'”

If only it could be that simple.

It will be interesting to see how this plays out for Diaz now that his lawyer and the NSAC are essentially engaging in a public pissing match. I don’t know if it was ever their intention from the outset, but putting public pressure on the NSAC like they seem to be now is a risky move that could ultimately backfire on them.

Image via Esther Lin for Strikeforce/Showtime

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