CSAC: Diaz Never Provided Marijuana Card
Posted by Chad Edward on April 2nd, 2008California State Athletic Commission Executive Director Armando Garcia has fired back at my “Let Nick test!” email campaign and ProElite President Gary Shaw and Nick Diaz’s (15-7) accusations of unfairness.
“Respectfully, here are some facts,” Garcia began an email describing a catch-22 in which Diaz was required to divulge his use of medical marijuana during a licensing medical exam, rendering him ineligible for a license; and, without a license, the CSAC could not legally test Diaz for marijuana.
“The promoter asked me to ‘test’ the fighter. I advised him that I could not test someone who wasn’t licensed,” Garcia explained.
On 27 March, Shaw announced Diaz was denied a license to fight on last weekend’s Strikeforce card in San Jose, in his estimation, due to Diaz’s use of medical marijuana under California’s Compassionate Use Act of 1996.
Garcia confirmed, “[Diaz] disclosed that he was using marijuana for medicinal purposes and had been using it that same week.”
Diaz claimed he has a card issued by the State; but, Garcia countered, “He did not have the card with him [during the medical exam] and it was noted that it would be provided.” Garcia claimed the card was never provided.
However, the entire incident is moot as Garcia also stated, “Both the fighter and the promoter’s plea to allow or legalize marijuana, etc. in combative sports will not happen in California until the laws and rules are changed.”
Garcia’s account of the situation verbatim is below:
The licensee was apparently notified by the promotional company that he would be fighting on Saturday March 29 over one month prior.
On Thursday March 13, 2008 he went to a well known Doctor who has the ability to oversee all licensing medicals to begin his examinations. He completed all of the examinations on that same date.
On that same date the fighter disclosed that he was using marijuana for medicinal purposes and had been using it that same week. He also stated that he had a ‘card’ to prove it. He did not have the card with him on that date and it was noted that it would be provided. He was specifically and clearly instructed to contact the Commission, specifically, me. Along with the fighter during this process was an employee of the promoter whose sole duty with the fighters was licensing.
The employee was told by the Doctor’s office that the actual medical examination reports would be ready on Monday March 17, 2008. He advised the Doctor’s office that he would return with another fighter on that date and would pick them up then.
There is absolutely no doubt that both the employee and the fighter were given the necessary instructions.
On March 17 the promoter’s employee went back to the Doctor’s office with another fighter and was given the medical examinations for the previous fighter.
Early in the business day on Tuesday March 25, 2008 (eight days later and three days from the fight) the promoter’s employee called our office and asked a series of ‘hypothetical’ questions regarding the use of marijuana by a fighter, medicinal marijuana, having or not having a marijuana card, etc.
Later we identified the fighter and the exact information and discussed the actual fighter’s situation.
At that point, based on the exact situation, and new information that the fighter and the promoter were disclosing, which was not disclosed to the Doctor, I felt that it was highly unlikely that the matter could be resolved by the fight date on Saturday March 29, 2008.
Early on Wednesday March 26 I asked the Legal team for an opinion on the Compassionate Use Act of 1996 as it relates to licenses/contestants.
On the same day I spoke with both the fighter and the promoter.
The promoter asked me to ‘test’ the fighter. I advised him that I could not test someone who wasn’t licensed. In this case not only did I need additional medical information for licensing, but I had no ‘card’ and no application. Please note that even if I did, and could legally test him, the test results would not be back in time for the fight.
Please also note that the fighter previously tested positive in another state in a high profile case. In that case he tested positive for marijuana and the nanogram level was the highest known in combative sports history. I have the minutes of his hearing and he stated that he used marijuana ‘recreationally’ and he promised never to do it again. He never disclosed any medical condition that would require the use of marijuana and he never contended that he had a ‘card’. He has never fought in that state again. Now, he states that he has a condition which is helped by smoking marijuana yet he provides no evidence, or no evidence has been provided.
On Thursday March 27, 2008 I received the legal opinion. Please note that it essentially states that even though one may legally have a marijuana recommendation (it is not a prescription) the Compassionate Use Act of 1996 does not shield a licensee/contestant from our rules. The applicable rule, California Code of Regulations section 303, states:
The administration or use of any drugs, alcohol or stimulants, or injections in any part of the body, either before or during a match, to or by any boxer is prohibited.
Moreover, even though the Act decriminalizes behaviors associated with the use of marijuana, actions taken against a licensee by the Commission are not a criminal prosecution according to State law. Thus, the Commission must enforce the prohibition against the administration or use of drugs by a licensee and must have policies in place to assure that the playing field is as drug free as possible.
Additionally, as a side story, a recent California Supreme Court ruling has stated that employers can fire employees who test positive for drugs even if they have a marijuana ‘card’. There’s also the fact that it is against the federal law.
Therefore, both the fighter and the promoter’s plea to allow or legalize marijuana, etc. in combative sports will not happen in California until the laws and rules are changed.
Both the fighter and the promoter have contended that a Doctor’s office employee ‘coerced’ the fighter into admitting the marijuana use, card, etc. The promoter if not the fighter is experienced. He knows that this is preposterous because it is mandatory that all questions on a physical examination be answered and one of them is:
When was the last time you took any type of medication or drug? (State what type and when and be specific):
If we receive this question or any other question or section blank on a form, we consider that the examination is incomplete.
The last bit of information is that of the profanity laced radio interview by the fighter on a popular internet site. In it he stated when asked …’what is your need for medicinal marijuana’? He responded he had none. He was also asked …’what is more important to you, your MMA career or marijuana’? He responded that he didn’t know.
He also stated …’other athletes in the event had a card… everyone has one…, etc.
Perhaps one, some, or maybe even all fighters in the event do have a card and use marijuana. I don’t know, but please note that every fighter was tested for drugs of abuse and all fighters were negative.
I hope that at some point the fighter continues with the licensing process in our state as I am concerned that with the medical information that was disclosed by the fighter and his promoter and his known drug use he will have a difficult time getting licensed anywhere in the country if he does not clear this matter up.
I personally called the fighter and set up a meeting with him and his trainer on March 29. I then asked each of the promoters for the event to meet with all of us. It never happened. Frankly, the fighter and his trainer avoided me. Perhaps we can move forward in the future.
joesmailer said:
It just gets better and better with Nick.