Nate Diaz halfway to clear after vaping controversy

At the UFC 202 post-fight media scrum, Nate Diaz was vaping what he identified as CBD (Cannabidiol).

CBD is one of the active cannabinoids in cannabis, accounting for up to 40% of the plant’s extract. However, it does not get you high – clinical reports show a lack of psychoactivity, and non-interference with psychomotor learning and psychological functions.

Never the less, it is a cannabinoid, which places it on the WADA prohibited list.

Here's Nate Diaz smoking a vape pen immediately following #UFC202. Says it's CBD oil. (vid by @bokamotoESPN) pic.twitter.com/zf113ej9Gy

— Mike Johnston (@MikeyJ_MMA) August 21, 2016

Diaz was at the time potentially subject to sanction by both the government regulating body (Nevada State Athletic Commission) and the UFC’s designated independent drug test body (United States Anti-Doping Agency).

Both the NSAC and the USADA ban cannabinoids in competition. However, despite the ban, and despite the ingestion of a substance mere minutes following the bout, Diaz’s vaping may not violate the prohibition.

Both the NSAC and USADA generally use World Anti-Doping Agency standards when it comes to the in-competition marijuana ban.

WADA has the following definition of in-competition ingestion:
In-Competition: Unless provided otherwise in the rules of an International Federation or the ruling body of the Event in question, In-Competition means the period commencing twelve hours before a Competition in which the Athlete is scheduled to participate through the end of such Competition and the Sample collection process related to such Competition.USADA uses a similar definition:
In-competition refers to the period commencing twelve hours before a competition in which the athlete is scheduled to participate through the end of the competition and the sample collection process related to the competition.

The NSAC, when debating harsher (and consistent) anti-doping penalties published this document implying they follow (and will continue to follow) the WADA in-competition definition:
We will continue to follow WADA’s definitions, particularly the definition of In‐competition.”

However, the UFC-USADA custom tailored anti-doping contract changes this definition to include a period of up to 6 hours post bout, reading as follows:
In-Competition means the period commencing six hours prior to the commencement of the scheduled weigh-in and ending six hours after the conclusion of the Bout.

In keeping with their policy, USADA will not be seeking to sanction Diaz.

NAC tells me they will not impose a penalty on Nate Diaz for vape-gate, since it happened post-drug test. USADA still looking into it.

— Ariel Helwani (@arielhelwani) September 8, 2016

However, Nate’s choice could still prove problematic with USADA. As Mirko CroCop learned, an admission of drug use is evidence of drug use, even if the test shows nothing, as happened to the great Croatian heavyweight.

So the UFC contract has an unusual definition of in competition, that adds six hours to the ordinary USADA/WADA definition. Diaz admitted to use of a drug that is prohibited within that window. It bears repeating that the drug does not get you high, but Diaz could conceivably face sanction of some sort.

If so, it would be the first time he has ever failed a drug test. And it wouldn’t be just.