BluntKilla
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The trial of a medical marijuana user went up in smoke Monday when the defendant suddenly decided to plead guilty.
After an 11th -hour plea deal, Pierre Werner admitted intentionally breaking the law and pleaded guilty to one felony charge of possession of a controlled substance with intent to sell.
"I walked out of my front door waving a medical marijuana plant with a medical marijuana license in my other hand and I wanted to challenge the medical marijuana laws of the state of Nevada," Werner said.
Werner went on to admit that he knowingly possessed more medical marijuana than allowed by law and that he sold pot for money.
Police found Werner 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.
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 plants.
The 35-year-old now faces a penalty up to four years in prison term at his sentencing Oct. 10, but could receive as little as probation.
Under the terms of the negotiation, prosecutors have agreed to dismiss more serious charges against Werner stemming from another case.
In that 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 was $750,000.
If convicted of all counts in both cases, Werner could have received up to 10 years in prison.
Werner said the prosecutors "made me an offer I couldn't refuse."
Werner's attorney, Ryan Mortier, said the deal was a "win-win situation" for Werner.
Mortier said Werner intends to sue the Nevada Department of Agriculture to challenge the law that says a patient can't serve simultaneously as a caregiver, and that a caregiver cannot serve more than one patient.
Werner's decision to plead guilty may have been based in part on the fact that his attorneys had just learned of a previous felony conviction for possession with intent to sell in New Jersey.
If Werner had testified Monday, as scheduled, prosecutors would have been able to ask him about the conviction.
Although neither Werner nor his attorneys would comment on the previous conviction, Werner said his guilty plea would not affect his licensed medical marijuana use.
"I'm still medicated as of right now and I'm going to be medicating as soon as I leave the courthouse," Werner said.
Werner's doctor testified last week that Werner qualifies for the license because he suffers from "severe nausea" which he contends stems from his bipolar disorder and schizophrenia.
Prosecutor Roy Nelson, however, said he planned to initiate proceedings to revoke Werner's license. But he stressed that he was not opposed to legal medical marijuana use.
"All we are trying to do is maintain the credibility of those who legally use medical marijuana," Nelson said, "and not to criticize those who need and legally use it."
Newshawk: BluntKilla - 420Times
Source: CourtTV
Author: By Matt Pordum, Court TV
Copyright: Copyright © 2006 Courtroom Television Network LLC
Website: Primetime Programming Information on Courttv.com
After an 11th -hour plea deal, Pierre Werner admitted intentionally breaking the law and pleaded guilty to one felony charge of possession of a controlled substance with intent to sell.
"I walked out of my front door waving a medical marijuana plant with a medical marijuana license in my other hand and I wanted to challenge the medical marijuana laws of the state of Nevada," Werner said.
Werner went on to admit that he knowingly possessed more medical marijuana than allowed by law and that he sold pot for money.
Police found Werner 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.
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 plants.
The 35-year-old now faces a penalty up to four years in prison term at his sentencing Oct. 10, but could receive as little as probation.
Under the terms of the negotiation, prosecutors have agreed to dismiss more serious charges against Werner stemming from another case.
In that 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 was $750,000.
If convicted of all counts in both cases, Werner could have received up to 10 years in prison.
Werner said the prosecutors "made me an offer I couldn't refuse."
Werner's attorney, Ryan Mortier, said the deal was a "win-win situation" for Werner.
Mortier said Werner intends to sue the Nevada Department of Agriculture to challenge the law that says a patient can't serve simultaneously as a caregiver, and that a caregiver cannot serve more than one patient.
Werner's decision to plead guilty may have been based in part on the fact that his attorneys had just learned of a previous felony conviction for possession with intent to sell in New Jersey.
If Werner had testified Monday, as scheduled, prosecutors would have been able to ask him about the conviction.
Although neither Werner nor his attorneys would comment on the previous conviction, Werner said his guilty plea would not affect his licensed medical marijuana use.
"I'm still medicated as of right now and I'm going to be medicating as soon as I leave the courthouse," Werner said.
Werner's doctor testified last week that Werner qualifies for the license because he suffers from "severe nausea" which he contends stems from his bipolar disorder and schizophrenia.
Prosecutor Roy Nelson, however, said he planned to initiate proceedings to revoke Werner's license. But he stressed that he was not opposed to legal medical marijuana use.
"All we are trying to do is maintain the credibility of those who legally use medical marijuana," Nelson said, "and not to criticize those who need and legally use it."
Newshawk: BluntKilla - 420Times
Source: CourtTV
Author: By Matt Pordum, Court TV
Copyright: Copyright © 2006 Courtroom Television Network LLC
Website: Primetime Programming Information on Courttv.com
