Erin Bucknell over at MMACalifornia.net got the goods from Armando Garcia involving his side of the story in this entire saga that was Nick Diaz being pulled from Saturday’s Strikeforce card. Erin posted an email that she received from Armando Garcia explaining the entire situation from his side of the lines. These are some of the pieces of the email that strike me as potentially damaging for Nick Diaz.
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.
In the paragraphs before this excerpt, it was determined that Diaz completed his medicals on March 13, 2008. Diaz disclosed that he did use marijuana for medicinal purposes and had used it in the same week as the examination. He stated that he had a card to prove it, but did not have the card with him at that time. He told the office that it would be provided.
The hypothetical questions are bit mysterious. Also, the medicals were in fact turned in only three days prior to the event. In any case, the CSAC FAQ does state that if you have prescription drugs disclosed on your medicals, you should not wait until the week of the fight to turn those papers into the CSAC. It warns that it could very well lead to the participant not being able to compete.
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.
Garcia contends that since new information was provided at a time period of three days before the event. The new information was not disclosed in the first round of medicals on the 13th of March according to the quote. As I stated above, turning in medicals the week of the event with prescription drug disclosure is not a smart idea, and Garcia has the right to stop the fight from happening.
Interestingly enough, the issue regarding Diaz trying to be tested makes sense. Garcia isn’t allowed to test an unlicensed fighter. The whole purpose of the medicals was to get Diaz licensed. Since Garcia states he had no medical card on file for Diaz, it’s pretty much a cut and dry case from that point forward. Garcia makes a good point about Diaz’s history as well, which I knew would eventually hurt Diaz in the end. His history of marijuana use is now rearing its ugly head.
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.
As I stated in my previous article, Garcia brings up federal law and the fact that California did pass a ruling stating employers could fire employees for use of marijuana even if they have a “card”. The commission’s rules apply because the actions taken by the commission do not charge fighters with a crime. Garcia is basically hinting at the fact that a marijuana card is no grounds to blatantly use marijuana while being a fighter in combative sports in the state.
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."
Interestingly enough, Garcia sources Sherdog’s interview with Diaz in the email. He makes good points in refuting Diaz’s statements. Diaz did in fact respond that he didn’t need medicinal marijuana, yet he has a marijuana card in the state of California. He also contended in the interview that he did not believe in ADD or ADHD, which is what the prescription was apparently for.
My previous article pointed out that Diaz could win his legal battle, but if Garcia’s statements are close to true, Nick Diaz is in for a long wait for a fight. It really comes down to the paperwork however, and Garcia claims that the new information provided in the short time span was the culprit. Diaz would have needed to complete it in a timely manner to be licensed, and he failed to do so. If he had been licensed, he could have tested clean and been allowed to fight, period.