Medical marijuana activist released from jail

Tuesday, June 21, 2005 | 9:46 a.m.

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.