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Pub. L. 101–647, title XIX , § 1903, Nov. 29, 1990 , 104 Stat. 4853 , as amended by Pub. L. 108–358 , § 2(c), Oct. 22, 2004 , 118 Stat. 1663 , provided that: “(a) Drugs for Treatment of Rare Diseases.— If the Attorney General finds that a drug listed in paragraph (41) of section 102 of the Controlled Substances Act (as added by section 2  of this Act) is— “(1) approved by the Food and Drug Administration as an accepted treatment for a rare disease or condition, as defined in section 526 of the Federal Food, Drug , and Cosmetic Act ( 21 . 360bb ); and “(2) does not have a significant potential for abuse, the Attorney General may exempt such drug from any production regulations otherwise issued under the Controlled Substances Act as may be necessary to ensure adequate supplies of such drug for medical purposes. “(b) Date of Issuance of Regulations.— The Attorney General shall issue regulations implementing this section not later than 45 days after the date of enactment of this Act [ Nov. 29, 1990 ], except that the regulations required under section 3(a) [former 1903(a)] shall be issued not later than 180 days after the date of enactment of this Act.”
On August 13, after several reschedules, the disciplinary hearing was held to decide on the subject. Silva's defense argued that a tainted sexual enhancement supplement was the root of the two failed tests for drostanolone and also appealed to mistakes in the NSAC testing procedures, pointing to a pair of drug tests, one on Jan. 19 and one after the fight, which Silva passed. He admitted to using both benzodiazepines the night prior to the fight as therapy to control stress and help him sleep. Silva's team was unable to explain the presence of androsterone in the Jan. 9 test. The commission rejected the defense and suspended him for one year retroactive to the date of the fight, as the current guidelines were not in effect at the time of the failed tests. He was also fined his full win bonus, as well as 30% of his show money, totaling $380,000. His victory was overturned to a no contest.  Diaz's hearing was delayed until September.  On September 14, Diaz was suspended for five years and also fined 33% of his show purse totaling $165,000.  Following his appeal four months later in January 2016, the suspension and fine were reduced to 18 months and $100,000 respectively.