Judge to decide status of man who sold pot

Tuesday, May 17, 2005 | 11:08 a.m.

When the smoke clears, a judge will have to decide if a licensed medicinal marijuana user was acting as a "care giver" or a drug dealer as he grew and sold pot to other medically licensed users in Clark County.

District Judge John McGroarty heard testimony on Monday that will serve as the focus to determine if 34-year-old Pierre Werner can use the defense theory that he was acting within his rights as a licensed medical marijuana user when he grew and sold the drug to about 50 other licensed users.

Werner operates Primary Caregivers and Consultants, a company that helps severely 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. Werner has also unsuccessfully attempted to have a business license to be a pot consultant and is currently attempting to have a "coffee house" where medically licensed users could smoke the drug.

Werner is charged with one count of possession of a controlled substance with intent to sell after police found him growing 34 mature and 11 premature marijuana plants at his home. He was also found with 2 ounces of the drug "in baggies" inside his garage, authorities said.

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 usable marijuana, three mature marijuana plants and four immature marijuana plants.

Werner's attorney, Ryan Mortier, said 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 because of Werner's illnesses he "needs more (marijuana) than the usual Joe Blow."

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

Making matters worse for Werner was the fact Tinnell said he recommended the increase after police had arrested Werner. The doctor said he hadn't been told of Werner's arrest at that time and made the expanded recommendation without knowing Nevada law didn't allow him to do so.

Tinnell said he agreed recommending Werner could grow 50 to 99 plants based on representations made by Werner.

Werner and his attorneys claim he was "acting as a caregiver and providing (marijuana) for patients" who suffered from diseases such as cancer and glaucoma. Tinnell said Werner never told him he was growing the drug and selling it.

State law, however, makes no exception for the amount one person grows or possesses even if they are selling the drug to other licensed users.

Werner himself was licensed to use the drug to treat his bi-polar disorder and schizophrenia, 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.

As per 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 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 they contend is a symptom from his bi-polar and schizophrenia.

During testimony Monday, Werner admitted to Monroe he was "under the influence" of marijuana as he answered her questions. He said had been hospitalized in California and in Nevada for his disorders and said without marijuana he would not be able to eat, sleep or be able to avoid the hallucinations he formerly experienced when he wasn't smoking.

Werner said if were to stop using the drug, he "would be hospitalized." After Werner admitted he had started smoking the drug at the age of 14 but was never hospitalized during those 13 previous years, he said he had simply been suffering from "an undiagnosed form of bi-polar."

McGroarty will hear arguments on July 18.