Pubdate: Tue, 21 Jun 2005
Source: Las Vegas Sun (NV)
Copyright: 2005 Las Vegas Sun, Inc
Contact:  http://www.lasvegassun.com/
Details: http://www.mapinc.org/media/234
Author: Matt Pordum
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

MEDICAL MARIJUANA ACTIVIST RELEASED FROM JAIL

A licensed medical marijuana user who claims it's within his rights to grow 
and sell pot to other licensed users was released on his own recognizance 
Monday after prosecutors failed to file a criminal complaint.

Pierre Werner, 33, was released from Clark County Detention Center on 
Monday afternoon but was ordered to return to court on July 28 by Las Vegas 
Justice of the Peace Joe Bonaventure to face charges from his June 15 arrest.

The fact prosecutors had not filed a criminal complaint is not an unusual 
occurrence, but Werner's attorney, Ryan Mortier, said he was surprised 
because the charges were almost identical to those Werner is currently 
facing before District Judge John McGroarty.

The prosecutors handling Werner's recent charges would not comment on why 
the complaint was not filed prior to Monday's hearing.

Metro officers have said Werner was found in possession of 121 marijuana 
plants and 10 pounds of finished marijuana. The estimated the street value 
of the marijuana at $750,000.

Under Nevada law, in order to escape criminal liability, a person licensed 
to use marijuana medically is allowed only to possess, deliver or produce 1 
ounce of useable marijuana, three mature marijuana plants and four immature 
marijuana plants.

At his next hearing Werner is expected to be formally charged with three 
felony counts of possession of a controlled substance with intent to sell 
and one count of maintaining a place to sell a controlled substance.

If convicted of all counts Werner could be sentenced to 8 to 10 years in 
prison, according to his attorney, Ryan Mortier.

This is not the first time Werner, who runs Primary Caregivers and 
Consultants, and says he uses marijuana to treat symptoms of schizophrenia 
and bipolar disorder and also sells marijuana to others for medicinal 
purposes, has been arrested in connection to marijuana.

He was taken into custody Jan. 17 on charges of possession of a controlled 
substance with intent to sell after his neighbors called 911, saying that 
he was standing outside his house holding a marijuana plant.

Police found evidence that he had been growing 34 mature and 11 smaller 
marijuana plants at his home. They also found 2 ounces of the drug in 
baggies in his garage.

Werner has said he was using the marijuana to treat himself and help other 
licensed users.

When asked whether Werner would continue to grow and use marijuana despite 
his two arrests Mortier answered "most certainly."

"It's been no secret that both before his first arrest a year and a half 
ago and since then he's continued to grow and use marijuana," Mortier said.

The January charges have become the focus for what is expected to be a 
precedent setting ruling in Nevada from District Judge John McGroarty.

McGroarty is expected to determine if Werner was acting within his rights 
as a licensed medical marijuana user when he grew and sold the drug to 
about 50 other licensed users.

At the center of the ruling will be whether Werner's is exempt from 
prosecution because his doctor determined Werner's medical condition 
required more marijuana than allotted by statute. Additionally Mortier says 
Werner was acting as a "care giver" and was acting within the law as he 
provided marijuana to other licensed medical marijuana "patients."

"I don't think he's in the wrong legally or morally," Mortier said. "I'm 
very passionate about this because I believe in the cause. As soon as he 
was arrested some of the patients started calling me asking, 'What's going 
on? We need our medicine' "

Chief Deputy District Attorney Vicki Monroe said Werner's contention that 
he was able to exceed the amounts of pot he could grow and possess because 
his doctor determined he needed more to combat his illness is belied by 
testimony given by Werner's doctor.

Monroe said Dr. James Tinnell testified he recommended the pot increase for 
Werner only after police had arrested Werner.

Monroe also scoffed at the notion of Werner being a "caregiver" She said 
there was nothing to suggest he was growing marijuana for other licensed 
users and giving it to them for free.

"Under the guidelines he's not to be selling it and it was pretty obvious 
that's what he's doing," Monroe said. "He wasn't simply trying to help 
people. A caregiver does not sell dope to pay their bills."

Werner has said in some cases he has grown the drug for patients and sold 
it to them for about $100 an ounce.

Although Mortier contends McGroarty's ruling on the issue could "have a 
direct affect" on the new charges Monroe disagrees.

"Judge McGroarty's decision will only apply to my case, there will be no et 
al or binding affect to new charges," Monroe said. "The new charges will be 
addressed by a new judge, who will have to deal with the question of an 
affirmative defense in their own way."

McGroarty is scheduled to hear arguments on that charge on July 18.

One thing both Monroe and Mortier agree on, however, is that the U.S. 
Supreme Court's recent decision that Congress could change the law to allow 
medical use of marijuana, concluding that state medical marijuana laws 
don't protect users from a federal ban on the drug, had no affect on 
licensed Nevadan medical marijuana users.

Monroe said the nation's high court's ruling was on a federal case and 
dealt with federal law. She said Nevada has a statute in place and "unless 
the Legislature changes things those licensed medical marijuana users in 
Nevada are not breaking state law."

The prosecutor was quick to point out the state law "doesn't mean they 
(licensed users) can't be prosecuted federally."

Mortier said "the Supreme Court just reinforced the already existing 
federal laws. For licensed medical marijuana users it's business as usual."

Under Nevada Revised Statutes 453A, only those suffering from a "chronic or 
debilitating medical condition" can use marijuana for what ails them and be 
exempt from prosecution for certain acts involving marijuana and drug 
paraphernalia.

According to the statute, AIDS, cancer and glaucoma meet the burden 
required for those seeking to be medically licensed users of the drug.

Werner said he qualifies for the license because he suffers from "severe 
nausea" which he contends is a symptom from his bipolar disorder and 
schizophrenia.
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