Medical marijuana user accused of using his health status to sell drugs

[Woodmonkey]

Medical marijuana user accused of using his health status to sell drugs



LAS VEGAS (Court TV) - Is a 35-year-old licensed medical marijuana user a caregiver or a drug dealer?

Prosecutors allege Pierre Werner is nothing more than a pot dealer who police found growing 34 mature and 11 smaller marijuana plants at his home in January 2004.

They also found two ounces of the drug in plastic sandwich baggies inside his garage.

Jurors are expected to hear opening statements Wednesday in Werner's trial for possession of a controlled substance with intent to sell.

Werner contends 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.

At the time of his arrest, Werner operated Primary Caregivers and Consultants, a company that helped severely ill people fill out paperwork, find a doctor and grow the marijuana they seek. In some cases, he has grown the drug for patients and sold it to them for about $100 an ounce.

He currently runs a Web-based organization called Medical Marijuana Referrals that is dedicated to the same purpose.

He 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.

Deputy District Attorney Sam Bateman said Werner and his attorney, Ryan Mortier, are simply making too much out of what he labeled "a standard drug case."

"He's taking a narrow statutory scheme for allowing people with legitimate and severe conditions such as
AIDS, cancer and glaucoma and using it to earn a living selling drugs," Bateman said.

Under Nevada law, a person licensed to use marijuana medically is allowed only to possess, deliver or produce one ounce of usable marijuana, three mature plants and four immature pla nts.

Moreover, Bateman said there is nothing in Nevada law that allows licensed medical-marijuana users to sell what they grow.

Nevada Revised Statutes 453A states that only those suffering from a "chronic or debilitating medical condition" can use marijuana. People suffering from AIDS, cancer and glaucoma meet those guidelines.

Werner, however, has said he qualifies for the license because he suffers from "severe nausea," which he contends stems from his bipolar disorder and schizophrenia.

His attorney, Ryan Mortier, said Werner argues that he is a licensed user of medical marijuana and was growing the "medicine" because as a "patient" he needed it.

The defense attorney says on the average, Werner smokes one ounce of marijuana a week. He said on the average, one pot plant yields three ounces and it takes six months to "get the medicine from seed to smoke."

He said Werner will definitely testify during the trial expected to last three to four days.

Opening statements are expected to begin Tuesday afternoon. The trial is being showed live on Court TV Extra.

In a separate case, Las Vegas police raided Werner's home in June 2005 and found 121 marijuana plants and 10 pounds of cultivated pot. The estimated street value of the marijuana is $750,000.

In that case, Mortier said Werner pleaded not guilty to 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 on all counts, Werner could be sentenced to 8 to 10 years in prison.

No trial date has been scheduled in that case.

The Source

[Bluehawk]

Suhprise, suhprise, suhprise...

Marijuana growing, distribution and use needs to be decriminalized, legalized, monitored and taxed... great source of revenue, almost no victims (except when it is illegal).

[KBay84]

Originally Posted by Bluehawk

Suhprise, suhprise, suhprise...

Marijuana growing, distribution and use needs to be decriminalized, legalized, monitored and taxed... great source of revenue, almost no victims (except when it is illegal).

I'm sorry (and quite suprized, actually) that I have to disagree with you, Sir Blue.

The "gentleman" was allowed by law to mitigate his illness pain with "medicinal" marijuana. This individual decided to take it many steps further and become an illegal grower/ seller.

He did the crime, he gets the time. Cut and dried....no pun intended

[Bluehawk]

Originally Posted by KBay84

I'm sorry (and quite suprized, actually) that I have to disagree with you, Sir Blue.

The "gentleman" was allowed by law to mitigate his illness pain with "medicinal" marijuana. This individual decided to take it many steps further and become an illegal grower/ seller.

He did the crime, he gets the time. Cut and dried....no pun intended

No doubt, he did a crime and will/should do the time.

However, for the life of me, I have yet to notice that the "crime" is really all THAT big a deal!

He grew some pot, more than he needed for personal use, and sold some.

So, make him pay sales tax! That way, our government can finance it's crazy laws that he's breaking!