When UFC star Nick Diaz tested positive for marijuana following his interim title fight with Carlos Condit back in February it was widely anticipated that this would result in a year’s suspension from the sport, but if his lawyer gets his way that may not be the case.

Diaz attorney, Ross Goodman is currently seeking to have any future suspension waived due to the fact that the former Strikeforce welterweight champion has a legal medical license to use marijuana in California to counteract his Attention Deficit Hyperactivity Disorder, while also noting that in Nevada where the fight took place similar laws are in place.

In addition Goodman also notes that marijuana use is allowed out-of-competition by the Nevada State Athletic Commission, and argues that Diaz had in fact stopped taking it 8-days prior to the event.

The validity of that last arguement will lie with whether 8 days is considering “out-of-competition” or not.

It’ll certainly be interesting to see what NSAC’s response to this when an official hearing into Diaz case takes place in April.

However, even if Diaz was to be released from his suspension it’s not clear whether he would return to the sport immediately, if at all, given that he declared after his decision loss to Condit that he was retiring.

Since then both his manager Cesar Gracie and UFC president Dana White have speculated that he would return to the Octagon in time, but the fighter’s brother and fellow UFC star Nate Diaz put the cat amongst the pigeons last week when he stated his belief that the controversial fighter would probably stick to his word.