Precedent Set in CSAC on Prohibited Substance

Van Nuys, California - June 20, 2011

Re: Iridium Sports Agency appeals Miura - DeJesus results from Tachi Palace Fights 9.

Iridium Sports Agency associate, Ian Whittaker appeared before the commission on behalf of Russ Miura. Executive Officer, George Dodd summarized the written appeal prompting discussion among the commissioners.

Commission members discussed the appropriateness of invoking their authority provided by Section 368 to change the decision of the fight. One member briefly voiced his opinion about the uncertainty of the performance enhancing effects of marijuana however, he immediately followed by emphasizing the importance of the California Code of Regulations. He ultimately expressed his conclusion that under these particular circumstances, it would be appropriate for the CSAC to exercise its discretionary authority to overturn the results.

The issue of precedent rulings were then raised to which it was responded that Section 368 was relatively recently amended and that the amendment explicitly expanded the authority of Section 368 to apply to a bout where the winner had tested positive for a prohibited substance immediately after the fight. It was further raised that precedent existed in an equally esteemed jurisdiction citing the NSAC ruling in Diaz vs Gomi where Diaz's submission victory was overturned because Diaz tested positive for the same prohibited substance (marijuana).

Legal Counsel Anita Scuri concluded the discussion by emphasizing that section 368(d) provides that a decision change is subject "as the commission may direct." It was again emphasized that the particular circumstances of this case were the factors that weighed in favor of exercising the CSAC's discretionary use of Section 368 to change the decision.

Executive Officer Dodd addressed the issue of what what should be the appropriate motion and reasoned that because a contest had in fact occurred, it could not be a ruled a "no contest" but instead that the appropriate ruling should be a "no decision."

The motion was then seconded and carried; thus marking a precedent setting decision by the CSAC to exercise its authority to enforce a strict policy against the use of prohibited substance pursuant to the California Code of Regulations Section 368(a)(4).

uhh...a bit off-topic but wasn't there an appeal about Tim McKensie and Seth Baczynski's bout that was appealed to this Commission a long time ago? still haven't heard about that....

KevinMcAllister - if weed is a PED, so is aspirin, coffee, alcohol, etc.

haha bad argument considering caffeine is on the ban substances list.

Marijuana has a pain-killing effect and a calming effect, both of which are performance enhancing. I wouldn't care if he used pot during his training camp, but no one should be allowed to fight while high.

well you cant prove when it was smoked but you can tell if it was smoked recently depending on the amount of thc in the system at the time of the test

"Marijuana enhances many things; taste, smell, sensations. But you are certainly not f*cking empowered". Robin williams Phone Post

Fucking bullshit.

Roidie McDouchebag - Like, if I smoked it in the morning and fought in the evening, there's no performance enhancement going on.

uh,,, 'at all' is the timeframe not allowed for Marijuana use.

silly argument.

Its not like these guys were fighting over a candy bar or some cheeto's lol I really dont think ol mary jane had anything to do with their fighter getting KO'd. Any positive effects a fighter would get from smoking would be negated by the negative effects on his wind and mental sharpness. The whole argument that weed is a performance enhancer is pretty silly in my book, go ask Overeem what a performance enhancer is, hell tell you, "40 lbs of asswhooping!!!!" lol

That being said, rules are rules, you break them and your going to suffer the consequences, even if theyre pretty ridiculous.

duckhuntgangsta - You wouldn't fight stoned if it had a negative effect. Therefore it must have some positive effect for the fighter. .

Obviously you are an expert in philosophical logic with that idiotic argument. You even used the word "therefore" to make yourself look dumber. That is quite a feat.

a mouth swab test right before the fight would tell if a fighter had smoked right before the fight....

OR, everyone could pull their collective panties up and quit being bitches about PED's.

I thought Tachi Palace fights were on a reservation, do they even use the CSAC?? They never have in the past..

Since when does the CSAC have the authority to overturn events that didn't happen under their supervision??

Didn't Muira get KTFO?

FerrozzoFan - well you cant prove when it was smoked but you can tell if it was smoked recently depending on the amount of thc in the system at the time of the test

Tests don't test for THC levels. They check for metabolites that collect/burn off in the fatty tissues of your bladder if I remember correctly. Some people burn it off faster than others, everyone is different. you can't accurately tell how much or when a person smoked, ate, or vaporized some pot. Plus, it's barely illegal anymore. Not that I'm saying the CSAC is wrong to punish for having it in system. It's a banned substance in MMA, and the fighter knew it, so sucks to be him. What an idiot though. It can take up to 60 days to get out of your system. That's not too smart.

Barely illegal? Schedule I = very illegal. Phone Post

Weed isn't a PED, it's a controlled substance, and that's why it's illegal in MMA. But then again, with many states decriminalizing it and certain others making it legal medicinally, why is marijuana still regarded with such severity? In my opinion, if they don't test for alcohol or tobacco usage, then they shouldn't test for marijuana either.

DPhoenix - uhh...a bit off-topic but wasn't there an appeal about Tim McKensie and Seth Baczynski's bout that was appealed to this Commission a long time ago? still haven't heard about that....

 they denied mckenzie's appeal, decision stands

Gondul - Barely illegal? Schedule I = very illegal. <img src="/images/phone/post_tag.png" alt="Phone Post" border="0" style="vertical-align:middle;"/>

Up to a certain amount in certain states it's a ticket, not VERY illegal(everywhere). Here it's 1oz here I believe you can have on you and not get anything but a small ticket. Might even be 2oz. Schedule 1 drugs means it has no medicinal uses, which everyone knows who really knows that's not true. So that just shows how stupid that the govt. classification is. Again, not that I say don't follow the AC's rules and local laws, but jeez, pot performance enhancing? Not sure about in mma. I'm not an mma fighter.

And on the topic of pot, everyone should watch The Union, a docu about marijuana, with Harvard Doctors/Professors ect telling the truth about it and the lies the govt. have told and how they lied about it's affects ect. Very good docu. I don't smoke(anymore), but think the laws are total bs and like defending the legality issue of it.

Dude I agree with you All the laws are bs. I smoked it for 13 years. Besides doing the actual drug I never did anything else bad while high. While sober, and drunk, I've recieved 4 speeding tickets, a seatbelt ticket, 2 open liquour in public tickets and a night in the drunk tank. To me, that's proof that it should be legalized but it doesn't matter what me or any states say, if the Feds wanna be douchebags they can. Phone Post

definitely not a PED, although I understand that it's considered a controlled substance and is tested for. Sucks that the fighter's victory, which is completely independent of his consumption (the kid could've smoked a month before his fight and tested positive), is tarnished now. damn shame. He should have known better :(

"Vivid Video was headquartered there, Digital Playground is headquartered there, Worldmodeling is headquartered there etc. Van Nuys, in known in the porn industry, as it capital. Just google "Porn" and "Van Nuys". There are plenty of eager people to join the industry on the boulevard." watch more porn than i do haha