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NEVADA FOCUS: State's Medical Marijuana Program Works With Some Exceptions
by Ed Vogal | April 14, 2004 | Las Vegas Review


Three years ago, Pierre Werner went to prison in New Jersey after being convicted of conspiring to distribute 170 pounds of marijuana.

He moved to southern Nevada and obtained a registration card from the state Department of Agriculture that permits him to legally grow up to seven marijuana plants.

"I'm bipolar," said Werner, a congenial man who admits he is stoned most of the time. "I'm mental. I'm crazy. I have an illness, and cannabis has always been my medicine."

Don Henderson, the state agriculture director, doesn't think so.

His agency, directed by the Legislature to run the medical marijuana program, revoked Werner's marijuana license in February.

The revocation came after Werner, 32, was arrested by U.S. marshals and charged with attempting to distribute marijuana. Police raided his Las Vegas home Jan. 17 and confiscated 27 marijuana plants.

Werner said prosecutors offered him a deal to plead guilty to a misdemeanor and pay a $500 fine. But before taking the deal, he wants his plants and growing equipment back.

The state's medical marijuana program has 350 participants. As far as officials know, Werner is the only participant to cause concern since the state program began Oct. 1, 2001.

"For the most part, we don't see abuses going on," Las Vegas police Lt. Stan Olsen said. "Are there going to be people who abuse it? Absolutely yes. He is the only one I am aware of with whom we have had problems."

The arrests haven't stopped Werner. He said he still grows marijuana and sells or gives it to about 20 other medical marijuana patients through his enterprise, Primary Caregivers and Consultants. For a fee, he connects people with health problems to doctors willing to recommend that they use marijuana.

Werner's criminal history escaped detection because the state-required fingerprint check only checked records in Western states, according to Jennifer Bartlett, manager of the Nevada medical marijuana program.

With soon-to-be implemented registration fees, the Agriculture Department will conduct national checks through FBI databases and detect people such as Werner before granting them registration cards, Henderson said. Nevada law prohibits people from acquiring a medical marijuana card who have been convicted on charges of selling controlled substances.

Gina Session, the deputy attorney general who advises the Agriculture Department, contends Werner "obviously lied on his application" about the New Jersey arrest or he never would have been granted a Nevada license.

Werner said he was convicted of a "conspiracy," not the actual sale of drugs.

"I believe my criminal history has nothing to do with my health," said Werner, who spent eight months in a New Jersey prison. "I need medical marijuana to be healthy."

Overall, Henderson, Bartlett and police insist the state's program has worked well.

"As in any program, some people stand out," Bartlett said. "The majority of the participants have been great. I am surprised by the large number of people who have said how much they appreciate this program. It has changed my perspective. This program has really helped some people."

Like Werner, southern Nevadan medical marijuana patient Bill Kosinski, 31, has begun a business, Medical Marijuana Consultants of Nevada, to help people acquire marijuana cards.

Unlike Werner, he will not sell marijuana to clients.

"He is a little more radical than I am," Kosinski said. "I am trying to be more professional."

But Kosinski refuses to bad-mouth Werner, who helped him get his medical marijuana card.

"Marijuana is less harmful than alcohol or tobacco," Kosinski said. "People are still scared because they call it a drug."

About 170 different doctors have recommended marijuana for their patients. A few doctors have recommended many people, according to Bartlett. She cannot under law advise patients which doctors to contact.

State law also requires the names of participants to remain confidential. The Agriculture Department cannot share the names of participants who want to talk with other people in the program.

The program was created after voters overwhelmingly passed a constitutional amendment in 1998 and 2000 that allows people with medical problems to use marijuana.

With recommendations from doctors, they can grow marijuana to treat chronic or debilitating medical problems, such as glaucoma and cancer.

The law permits participants to keep no more than an ounce of usable marijuana on hand. They can grow seven plants, but only three can be mature.

The Legislature did not appropriate any money to the Agriculture Department to operate the program, which will begin imposing fees on participants in July.

There will be a $150 annual registration charge and a $50 charge for mailing out applications forms. Five of six people who request applications never return them.

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PullMyBigToe

$50.00 for a form is a little much. Why do they have to mail out the forms? Why are they not available online? If the IRS can do it than so can the state.


"A Fool and his money are soon part of congressw"

Suetaz

Why is this? So that they can't join together to discuss the program? This sounds like typical government BS. Keep the participants separate so they can't talk about it, impose fees on them they can't afford, and make the amounts allowed so low, some wouldn't be able to get by with that small amount. Sounds like the 5 out of 6 applications that aren't being returned is because they realize they are better off taking their chances and doing it illegally. Registering costs $200 and brings attention to the fact that one uses marijuana. If you don't register, you can grow as many as you want as long as you don't get caught. I think I'd rather take my chances than bother to register if I lived in Nevada. Especially if I required more weed than what they allow. With Nevada pushing for full legalization, maybe this will change in the future. For Werner's sake, I hope so.

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Johnyapplseed

I think that the confidential information is fine, It doesn't have to be on public record at the town hall, "these people in your comunity grow POT"
I on't need my name on a public list like that thanks. It doesn't seem that this has stoped those in the program from being in contact with each other, or at least those who wish to be.

I wouldn't be comfortable only having an ounce on hand, It just isn't enough, what if something happens and the plants die or are all male, with only 7 total plants at a time the potential is there.

So if he is the only exception why is the article titled "with SOME exceptions"?
The view is still slanted!

every step forward no matter how small isn't a step back, horay for progress

JohnyA

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Plainsman1963

I agree with the not sharing names part...I would think that somebody could cause a whole lot of trouble if they managed to get the names of participants.

As for 7 plants (1 ounce) not being enough...3 plants that are mature...That would be at least an ounce per plant, timed so you harvest a plant as your last ounce is drying up.
Males??? You never have to get another male in your crop again. You take clones from your mature female plants and the clones would be your 4 "immature" plants (well, they are small anyway. The powers that be would probably go with that), then you have a perpetual harvest going on.

I could handle the restrictions, no problem. It will be the folks who don't abide by the law that will screw it up for all the others (27 plants for instance).

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