Nate Diaz passes post-fight drug test, USADA still investigating

At the UFC 202 post-fight media scrum, Nate Diaz was openly vaping. There are some fighters and boxers who smoke cigarettes, drink alcohol constantly, and fight. Diaz is not one of them, so he was asked about the vape pen.

“It’s CBD,” said Diaz. “It helps with the healing process and inflammation, stuff like that.”

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

Like all fighters in competition, Diaz was at that moment potentially subject to sanction by both the government regulating body (in this case the Nevada State Athletic Commission) and the UFC’s drug testing body (United States Anti-Doping Agency).

The NSAC said they were not going to impose a punishment on Diaz as it happened post fight and post post-fight test. To the NAC a fight is over when it is over, and the post-fight test has been administered. So far, so good, so rational.

While you can’t fight while drunk, you can go get drunk once the fight is over. The same thing is true with other recreational drugs. Or in this case, a not recreational drug.

On Monday night UFC vice president of athlete health and performance Jeff Novitzky told Marc Raimondi for MMA Fighting that Diaz had passed his post-fight test.

Again, so far, so good, so rational.

However, However, USADA spokesperson Ryan Madden says that Diaz’s use of a cannabidiol oil vape pen at the post-fight press conference that night is still being investigated.

Diaz’s punishment, if any, would rest on two stanky legs.

1. The definition of In Competition

USADA has a clear definition of In Competition:
I-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.

So Diaz by that definition is good.

However, the UFC-USADA custom tailored anti-doping contract changes the definition of In Competition to include a period of up to 6 hours post bout:
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.

So Diaz was, in fact, out of competition. He was out of competition as defined by WADA. He was out of competition as defined by the NSAC which defers to WADA. He was out of competition as defined by USADA. But the UFC-USADA contract uses a different definition, and by that one, Diaz was in competition, even though he wasn’t.

2. The “admitted use” clause in the UFC’s USADA-run, anti-doping policy.

Mirko CopCop was given a PED test and immediately confessed that he had taken a small amount of HGH to help heal an injury. The test came back clean, but because the admission of drug use is evidence of drug use under USADA policy, CroCop was suspended for two years, retired, and was released from his contract.

So Diaz was out of competition, and took something that doesn’t get you high, but in theory, he could still face punishment.

Cannabis is a “specified substance” under the UFC’s anti-doping policy, which means it is prohibited, but can be treated differently than a performance enhancing drug. Punishment for violating the prohibition against a “specified substance” can��range from a suspension of up to one year to a public warning.

These rules are in place to stop people from taking PEDs, and to a far lesser extent, to stop them from competing while high. Nate Diaz did not take PEDs and he did not compete while high. That is a fact. He may have violated some weird rules put in place to catch people who are taking drugs illegally, but if he is punished, it is the tail wagging the dog – he didn’t break any rules, but he maybe possibly broke a rule designed to catch someone who might be breaking the rules.

For the sake of USADA’s long-term health, they should tread lightly here.

Fighters at present have little power relative to management, but at some point a player’s association will be formed. Like those in football, baseball, etc, the punishment for drug test failures will be a topic of negotiation. If there is a history of arbitrary and capricious punishments, the anti-PED structure could be substantially weakened, as it is for example in the NFL.

Under the union-negotiated NFL drug policy, testing positive for a diuretic or masking agent results in a two-game suspension. Testing positive for an anabolic agent results in a four-game suspension. Under that policy, given that PEDs help performance, it is rational to use them until you get caught more than once.

The UFC has a tremendous anti-drug program, maybe the best in all of sports. But for its long-term health, they should leave Nate Diaz alone.