Doctor recommended medical marijuana to 200 patients

Pepper · Posted: Wed May 18, 2005 3:33 pm Post subject:

Pierre Werner is a THC Minister. His neighbors called 911 when they saw him standing in front of his house with a marijuana plant. When I learned that Pierre was a THC minister, I contacted him and he explained to me that he was helping others get licenses. In Nevada, the Dept of Agriculture distributes the licenses but they don't help patients find doctors or marijuana so Pierre is filling in the gap.

http://www.thc-ministry.org/wwwboard/messages/46.html

http://www.marijuana.org/LasVegasCityLife3-6-03.htm

http://www.reviewjournal.com/lvrj_home/2005/Mar-05-Sat-2005/news/25979864.html

http://www.kvbc.com/Global/story.asp?S=3061604&nav=15MUXMCa

http://www.lasvegassun.com/sunbin/stories/sun/2004/mar/24/516580650.html?bill%20kosinski

Stokes · Posted: Wed May 18, 2005 4:02 pm Post subject:

Did Pierre say if he was going to use the THC religious defense in his upcoming battle with the law?
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Pepper · Posted: Wed May 18, 2005 5:31 pm Post subject:

I don't think so. Nevada amended their state constitution to allow marijuana use for any medical condition. The law also provides for an affirmative defense for amounts above what is allowable by law and distribution to other cardholders.

You can be sure that prosecutors wouldn't offer a plea bargain for possession if they thought they had a case against Pierre. Prosecutors say he was violating the law but what he does is legal. He was prepared when the prosecutors tried to plea bargain. Many times, defendants give up their rights. Fortunately, Pierre did his homework.

The state even has a preamble to the legislation that was passed:

“The state of Nevada as a sovereign state has the duty to carry out the will of the people of this state and regulate the health, medical practices and well-being of those people in a manner that respects their personal decisions concerning the relief of suffering through the medical use of marijuana.”

Pepper

Looks like the Feds are on a mission...

Medical marijuana activist arrested after raid

http://www.lasvegassun.com/sunbin/stories/lv-crime/2005/jun/16/518915104.html

By Jen Lawson
<lawson@lasvegassun.com> and Mary Manning
<manning@lasvegassun.com>
LAS VEGAS SUN

A prominent local medical marijuana activist was arrested on a federal warrant Wednesday night after authorities raided his Green Valley home.

Pierre Werner, 34, runs Primary Caregivers and Consultants and uses marijuana to treat his bipolarity and schizophrenia. He was still being held in custody this morning, his attorney Ryan Mortier said, which worried the lawyer.

"My first reaction was I was concerned because he is a medical marijuana patient and if he doesn't have his medication the symptoms of his bipolar disorder and schizophrenia come out," Mortier said, adding that he planned to see if Werner would be allowed to puff his 10 daily jpint

s while in jail.

"The last time he was taken into custody he was hospitalized," Mortier said.

This time, Werner was arrested by Metro Police on a warrant issued by the U.S. Marshals Service on charges of possession of a controlled substance with intent to sell, authorities said.

The arrest came after the Supreme Court ruled earlier this week that state medical marijuana laws don't protect users from a federal ban on the drug.

The Supreme Court ruled Monday in a 6-3 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.

Authorities showed up at Werner's home in the 2100 block of Mountain Echo Avenue about 5 p.m. and began carrying boxes out of the house and garage and loading them into a van, a neighbor told the Sun.

At 10 p.m. undercover officers were still at the house, its off-white drapes drawn across front windows and the garage door wide open. The officers refused to speak to a Sun reporter.

Werner had been arrested Jan. 17 on charges of possession of a controlled substance with intent to distribute 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 inside his garage.

District Judge John 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.

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

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.

Werner himself was licensed to use the drug to treat his illnesses, which prosecutors are quick to point out doesn't fall under the state's guidelines as an illness for which an individual may use marijuana for medicinal purposes.

Werner operates Primary Caregivers and Consultants, a company that he says helps ill people fill out paperwork, find a doctor and grow the marijuana they need.

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

Werner has also unsuccessfully attempted to obtain a business license to be a pot consultant and is currently attempting to have a "coffee house" where medically licensed users could smoke marijuana.

Mortier said at a May 23 hearing before McGroarty that his client was given authorization to grow and possess more marijuana than the statute allows because of a decision made by Werner's doctor to allow him to grow between 50 to 99 plants at a time.

Dr. James Tinnell said Werner's illnesses cause him to need more marijuana. The doctor said he signed for expanding Werner's marijuana plants without knowing of his arrest.

Prosecutors said that under state law no one has the authority to exceed the law as stated on the books.

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.

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

Almost 600 Nevadans with a doctor's order have permission from the state to use medical marijuana to gain weight, curb anxiety, lower pain or ease a variety of other maladies.

Advocates for medical marijuana feared the Supreme Court might rule against the 11 states, including Nevada, that allow medical marijuana use.

Werner said at the time that he would have "a big frustration" if the high court overturned medical marijuana laws.

Other states that allow medical marijuana use are Alaska, Arizona, Colorado, Hawaii, Maine, Montana, Oregon, Vermont and Washington.

While the states have written laws allowing use of the drug, federal law continues to classify marijuana as an illegal substance, meaning people can get in trouble for growing and possessing it.

**Ferre** · Posted: Fri Jun 17, 2005 3:15 am Post subject:

Yep, the hunt is open. Rolling Eyes

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**aeroplane** · Posted: Sat Jun 18, 2005 11:24 pm Post subject:

Pepper wrote, and I qoute:

Pepper · Posted: Sun Jun 19, 2005 5:15 pm Post subject:

ACTIVIST BUSTED WITH $750,000 WORTH OF POT

http://www.reviewjournal.com/lvrj_home/2005/Jun-17-Fri-2005/news/26735595.html

Medical Marijuana User Faces Drug Charges

Pierre Werner has said he grows marijuana to help the sick.

Authorities believe the medical marijuana activist is more concerned about helping his pocketbook, especially after raiding two houses and seizing $750,000 worth of the drug.

"This is not an operation and an amount ( of marijuana ) you produce for some sick people," said Capt. Stavros Anthony, who heads the Las Vegas police Vice & Narcotics Bureau. "This is a money-making operation."

Detectives arrested Werner, 33, on Wednesday on three counts of possessing a controlled substance with intent to sell and one count of maintaining a residence with intent to distribute narcotics, police said.

Police searched Werner's house on the 5000 block of Calvary Court in Southern Highlands and his uncle's house on the 2100 block of Mountain Echo Avenue in Henderson.

The searches turned up a large, sophisticated marijuana-growing operation where police discovered 121 marijuana plants and 10 pounds of marijuana stored in glass jars, Anthony said.

They also found an expired medical marijuana license, he said.

"As far as we're concerned, this is a drug-trafficking offense," he said.

The investigation was prompted by calls from neighbors reporting suspicious activity, he said.

Werner was booked into Clark County Detention Center.

His lawyer, Ryan Mortier, said his client just wanted to help others like him who depend on marijuana to treat a number of ailments.

Medical marijuana has been legal in Nevada since 2000. Since then, more than 500 state residents have been licensed to smoke it for medical purposes with a doctor's approval.

Werner operates Primary Caregivers and Consultants, which helps people fill out paperwork, find a doctor and grow marijuana plants for personal use.

Mortier said authorities had targeted Werner because of his highly visible stance in support of medical marijuana, including appearances in a number of news articles in the past two years.

"He really does believe in what he's doing," the lawyer said. "It's for the greater good, but I don't want to see him in jail for something like this."

In March, Werner tried to open a coffee shop where medical marijuana smokers could meet and light up, but the Clark County Commission rejected his business license application.

He is also involved in what could be a precedent-setting criminal case involving limits on medical marijuana possession. State regulations limit possession to 1 ounce of marijuana and up to seven plants, of which three can be mature.

Werner, who smokes marijuana to ease his severe nausea and help with his bipolar disorder and schizophrenia, would need to grow 50 plants to keep up with his needs, Mortier said.

The case stems from Werner's arrest in January 2004, when authorities found 45 marijuana plants and more than 2 ounces of marijuana at his house.

Mortier plans to argue in District Court that the medical marijuana law includes what's called an affirmative defense, which allows patients to have more than the limits if their doctors approve.

A decision on the issue is expected next month by District Judge John McGroarty.

Las Vegas Review-Journal (NV)
Copyright: 2005 Las Vegas Review-Journal
Contact: letters@lvrj.com
Website: http://www.lvrj.com/

Pepper · Posted: Wed Jun 22, 2005 1:01 pm Post subject:

http://www.lasvegassun.com/sunbin/stories/sun/2005/jun/21/518936978.html

June 21, 2005

Medical marijuana activist released from jail
By Matt Pordum
<matt.pordum@lasvegassun.com>
LAS VEGAS SUN

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.