LAS VEGAS LOOKS TO CREATE NEVADA'S FIRST CANNABIS CLUB

T

The420Guy

Guest
Pierre Werner has a (hazy) vision. He's a medical marijuana provider,
and wants to create Nevada's first compassion club for the product's
users - and not even the law will get in his way of creating it.

"I've been doing this all my life - providing medical marijuana even
before it was considered medical," he says.

Werner is the president of Primary Caregivers and Consultants, a
company he created to provide medical marijuana to patients and offer
physician-approved recommendations. He also consults attorneys and
physicians on Nevada's Medical Marijuana Program. Currently he
services 15 patients, eight of whom are registered with the
Department of Agriculture's Medical Marijuana Program.

"After seeing so many dying patients in pain, I felt obligated to do
something," he says, adding that he is not considered a caregiver
since the state only allows one patient per caregiver.

One thing Werner can be considered is ballsy. Even though compassion
clubs are prohibited in Nevada, he's going to open shop no matter
what. Through the club, Werner will recommend physicians, caregivers
and recipes for growing medical marijuana, as well as provide the
product. All he needs to get his compassion club started is more
patients, which really means more money.

How he's going to operate his club is what will make it work, Werner
says. Instead of being located in one place, his operation will be
mobile.

When the Nevada Legislature initially envisioned a state medical
marijuana program, it considered using a single state agency to
distribute marijuana to qualified patients (according to Nevada
Lawyer, which is published by the State Bar of Nevada). But after
examining the medical marijuana programs in California and Oregon,
the preferred course of action the state decided on left the supply
and distribution "in the hands of patients," meaning a patient's
plant can be shared with other patients, Werner explains.

The problem California cannabis clubs had with raids by federal
agents discouraged the creation of a single agency. So instead of
taking responsibility for supplying medical pot to patients from a
central location, Nevada just said it's fine to smoke up with a
doctor's note - but where a patient finds this medicine is patient
responsibility. A patient can grow it, but the state can't provide.

That's where Werner comes in.

"Supply and distribution matters are left to us," he says. "So as a
patient, I should be able to provide to my fellow patients. Instead
of the streets, I want to provide a safe environment for these
people."

One of the significant aspects of Nevada's medical marijuana law is
that a person who is legitimately engaged in or assisting in
marijuana's medical use may raise an "affirmative defense" to certain
criminal charges such as possession or distribution, according to
Nevada Lawyer. This applies to any caregiver or patient regardless of
whether that person is registered with the DOA.

And that affirmative defense is what Werner says protects medical
marijuana providers.

"Say I'm not a patient and just an average Joe selling marijuana. If
I sell to a medical marijuana patient, I cannot be charged with
selling to that patient because that is now medical marijuana," he
explains. "The average Joe is protected from certain charges."

A patient has the right to grow marijuana; and Werner says that if a
patient grows too much, that person should be able to sell the
excess. Werner sells his medical marijuana based on stress. Mexican
stress sells for $80 to $100 per ounce and hydroponic stress goes for
$300 to $350 an ounce.

"That's a legitimate use of medical marijuana," Werner says. "I tell
my patients that if they grow too much, they can sell to me and I'll
sell to the other patients."

But Jennifer Bartlett, program manager of Nevada's Medical Marijuana
Program, says there is a limit to how much a patient can grow, and
what is grown can't be sold. Under state law, a patient can have up
to seven marijuana plants, Bartlett says.

"A patient can have four immature plants, three mature plants and an
ounce of smoke-able marijuana under Nevada law," she says, explaining
that a mature plant by the state's definition is a plant whose bud
can be seen with the naked eye. "What a patient grows is just for
their use."

Bartlett made it clear that the DOA is not affiliated with Werner's
operation. And Werner, a registered DOA patient with a bipolar
condition, wanted it made clear that since a patient cannot be a
caregiver, he isn't one. He's simply a provider.

So, what's the difference?

If a DOA-registered patient is extremely sick, the patient can opt to
have a caregiver care for them and their medical marijuana. That
person - usually the spouse or a family member of the patient - must
also register with the DOA.

Successful registration occurs after the patient's physician approves
the applicant, who can never have been convicted of selling a
controlled substance. Also, the person must sign a waiver
acknowledging an understanding of the program and that they won't
hold the state responsible for any delirious outcomes (such as a car
accident while under the influence). Currently, there are 216
patients and 24 caregivers registered in Nevada, says Bartlett.

Werner says DOA registration is unnecessary because of affirmative
defense, which protects anyone distributing to a patient.

"Approval from a medical doctor is all a patient and caregiver needs
to be legally recognized by the state and be afforded the same
protections under affirmative defense," he says.

But there is one thing Werner wants understood - all his clients are
doctor-approved.

"I don't mess with recreational marijuana. I only sell medical marijuana."

Medical marijuana patients can contact Werner at 702-328-4420.

Mike Zigler is a CityLife staff writer. He can be reached at
702-871-6780 ext. 306 or zigler@lvpress.com.



By Mike Zigler
Lasvegascitylife.com
 
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