Vape pen fiasco worked out fine for Diaz

At the UFC 202 post-fight media scrum, Nate Diaz was openly vaping.

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

That set off a regulatory gauntlet, detailed below the video. Diaz made it through that with just a warning. Diaz reflected on the fuss during a recent appearance on a special episode the Ariel Helwani’s The MMA Hour.

It don’t matter, said Diaz, as transcribed by Marc Raimondi for MMA Fighting. I banked out in the cannabis industry from it. … It was a good move and it was organic.

[The UFC] tried to give me the cold shoulder and hide me out and let me die off. But it’s all good because I’m not gonna die off. I’m still right here in the game. I’m still training harder than anybody. I still got people calling. The f***in’ cannabis industry is f***ing blowing money out of their mind over here.

In April the UFC changed their contract to a rational definition of post fight – fight is over and post-fight drug testing is completed, and in the absence of a post-fight test, one hour after post-fight medical clearance.

Yeah, they changed it, said Diaz. Compliments of your boy here. … Now we could do our thing. I’ve been a game changer. We just ain’t get no credit for it.

Cannabidiol (CBD) is one of the active cannabinoids in cannabis, accounting for up to 40% of the plant’s extract. However clinical reports show a lack of psychoactivity, and non-interference with psychomotor learning and psychological functions. In layman’s terms, it doesn’t get you high.

Never the less, CBD is a cannabinoid, which places it on the WADA prohibited list. Diaz vaping post-fight placed him at the beginning of a regulatory gauntlet. Like all UFC 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 or USADA).

#1. The NSAC: NSAC said they were not going to impose a punishment on Diaz as it happened post fight and post post-fight test.
#2. The Post-Fight Test: UFC vice president of athlete health and performance Jeff Novitzky said that Diaz had passed his post-fight test.
#3. The definition of In Competition: So Diaz was out of competition, as the competition was over and the post-fight test was administered. Diaz was out of competition as defined by WADA. Diaz was out of competition as defined by the NSAC which wisely defers to WADA in this regard. Diaz was out of competition as defined by USADA. But the UFC-USADA contract uses a different definition (6 hours before weigh-ins to 6 hours after the fight), and by that one, Diaz was in competition, even though he wasn’t.
#4. The “Admitted Use” Clause: Diaz’s post-fight test came back clean, but he admitted to taking something that is prohibited, which is actionable.
#5. Specified Substance: 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.
The Outcome: USADA has elected to not punish Nate Diaz beyond a public warning.