Nick Diaz
The lifetime ban suggested for Nick Diaz during a hearing Monday into his third alleged marijuana infraction came as a shock to the MMA community, but it did not come out of nowhere.
A bill to revise to Nevada’s laws on unarmed combat, passed on June 1, gave the Nevada State Athletic Commission the authority to issue a lifetime ban in disciplinary proceedings – less than a month after a district judge overturned the punishment issued to UFC middleweight Wanderlei Silva for evading a drug test in connection with UFC 175.
“In addition to any other disciplinary action that is taken against a person by the Commission pursuant to this chapter, the Commission may impose a ban from participation in unarmed combat in this State for a certain period, including a lifetime ban from participation in unarmed combat in this state,” reads bill AB476, which was introduced to the Nevada assembly in March.
The same week a Nevada district court judge ordered Silva’s case back to the NSAC, the commission approved a series of new rules designed to crack down on performance-enhancing drugs. Under those rules, Diaz’s third offense would have drawn a three-year suspension and a fine between 60 percent and 75 percent of the fighter’s purse for a contest.
It initially was reported that the policy changes would take effect on Sept. 1. But NSAC Chairman Francisco Aguilar today told MMAjunkie that details are still being ironed out. “Hopefully, they will be passed and finalized in December,” Aguilar said.
Diaz (26-10 MMA, 7-7 UFC), who tested positive for marijuana following a decision loss to Anderson Silva at January’s UFC 183, eventually was suspended for five years and fined 33 percent of his purse, or $165,000, after a unanimous vote. NSAC commissioner Pat Lundvall first broached the idea of a lifetime ban, arguing Diaz’s repeated marijuana infractions and behavior toward the commission – the fighter invoked his 5th amendment right against self-incrimination – justified the decision.
After NSAC commissioners Anthony Marnell and Raymond “Skip” Avansino expressed reservations about the severity of the term, a five-year ban was suggested and quickly approved.
The punishment, however, was nonetheless the most severe punishment ever issued to a professional MMA fighter. In response, one UFC fighter and another’s manager called to boycott fights in Nevada.
Minutes from the legislature’s June 1 discussion of bill AB476, which included raising a surcharge on ticket sales from 6 percent to 8 percent and a credit against event license fees for drug test funding, reflect the NSAC’s toughening stance on drug failures.
“These requests needed to be implemented into the bill to strengthen the drug-testing program for the state and the ability to issue fines,” said Bruce Breslow, director of Nevada’s Department of Business and Industry, which oversees the NSAC.
The bill passed the Nevada state senate unanimously with 20 votes.
Silva’s lawyer is challenging the commission’s authority to discipline fighters who are unlicensed, as was Silva when he evaded the test. A supreme court appeal was initiated this month.
Related stories:
- NSAC suspends Nick Diaz five years, issues $165k fine
- Nick Diaz reacts to five-year suspension: NSAC was ‘way the f-ck out of line’
- MMA community reacts to Nick Diaz’s NSAC hearing, five-year suspension
- Nick Diaz’s team plans further legal action after ‘kangaroo court’ suspension
- How Nick Diaz, of all people, exposed the NSAC’s flaws
- Headline Hunting: Confusing decisions and mixed messages abound with Nick Diaz
- While support for Nick Diaz continues to swell, lessons to be learned in his mistakes
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