Binky
05-18-2005, 10:11 AM
His Patient Is Charged With Possession of Marijuana With Intent To Sell the Drug
Testifying in what could be a precedent setting case related to the state's medical marijuana law, Dr. James Tinnell said in court Monday he has recommended medical marijuana to nearly 200 patients despite not being familiar with state law governing the drug's medical use.
The doctor's comments came during a pretrial hearing in a criminal case against Tinnell's patient, Pierre Werner, who is charged with possession of marijuana with intent to sell the drug.
When Werner, a licensed medical marijuana patient, went to Tinnell to get a doctor's recommendation for marijuana, Tinnell didn't base his decision on past records, medical tests or a history of treating Werner's bipolar disorder, the doctor said.
Just as physicians do with pain killers and other prescription drugs, Tinnell testified that he recommended more marijuana for Werner based on Werner's claim that he needed it to treat his emotional problem.
"I can only take their word that they need more," Tinnell said.
Police in January 2004 found at Werner's Las Vegas home 34 mature marijuana plants, 11 immature marijuana plants and more than two ounces of marijuana leaves, which prosecutors said is more than state-licensed patients are allowed to grow.
Werner, 33, argued Monday before District Judge John McGroarty that he was allowed under state law to have all the plants as long as his doctor recommended more marijuana than the amount permitted by state law.
But prosecutors said Werner violated the law by exceeding the amount allowed and by admittedly growing marijuana for other licensed patients.
Werner's lawyers, Ryan and Ray Mortier, called Tinnell and other witnesses in hopes of proving Werner was operating within the law.
"It's a very important decision because we're setting precedent for future medical marijuana users," Ryan Mortier said after the hearing.
Deputy District Attorneys Vicki Monroe and Roy Nelson agreed the judge's ruling will be significant because McGroarty is the first to rule on the state's medical marijuana law in a criminal case.
"Perhaps this law needs to be looked at and tighter controls imposed if a doctor, based on a patient's comments, will give a recommendation for medical marijuana," Monroe said referring to Tinnell's testimony.
Tinnell insisted in court that Werner is far better off now than he was before he smoked marijuana as often as 15 times a day.
Werner said he has been committed to mental institutions in Nevada, California, New York and Amsterdam after his bipolar condition sparked bizarre behavior. Other prescribed drugs, such as Lithium, didn't work for him and had unpleasant side effects, he said.
Tinnell said he wouldn't change his recommendation.
"I was amazed. I have never seen anything like it," Tinnell said. "It smoothed him right out. To my knowledge, he hasn't had to go back to the hospital."
Ryan Mortier said prosecutors offered to plead down Werner's charges to misdemeanor possession of marijuana, which likely would have resulted in Werner receiving only probation.
Werner rejected the offer because he believes in his fight to make marijuana more accessible to patients who need it, his attorney said.
McGroarty instructed the attorneys to submit their closing arguments in writing by the end of next month.
Las Vegas Review-Journal
Contact: letters@lvrj.com
Website: http://www.lvrj.com/
Testifying in what could be a precedent setting case related to the state's medical marijuana law, Dr. James Tinnell said in court Monday he has recommended medical marijuana to nearly 200 patients despite not being familiar with state law governing the drug's medical use.
The doctor's comments came during a pretrial hearing in a criminal case against Tinnell's patient, Pierre Werner, who is charged with possession of marijuana with intent to sell the drug.
When Werner, a licensed medical marijuana patient, went to Tinnell to get a doctor's recommendation for marijuana, Tinnell didn't base his decision on past records, medical tests or a history of treating Werner's bipolar disorder, the doctor said.
Just as physicians do with pain killers and other prescription drugs, Tinnell testified that he recommended more marijuana for Werner based on Werner's claim that he needed it to treat his emotional problem.
"I can only take their word that they need more," Tinnell said.
Police in January 2004 found at Werner's Las Vegas home 34 mature marijuana plants, 11 immature marijuana plants and more than two ounces of marijuana leaves, which prosecutors said is more than state-licensed patients are allowed to grow.
Werner, 33, argued Monday before District Judge John McGroarty that he was allowed under state law to have all the plants as long as his doctor recommended more marijuana than the amount permitted by state law.
But prosecutors said Werner violated the law by exceeding the amount allowed and by admittedly growing marijuana for other licensed patients.
Werner's lawyers, Ryan and Ray Mortier, called Tinnell and other witnesses in hopes of proving Werner was operating within the law.
"It's a very important decision because we're setting precedent for future medical marijuana users," Ryan Mortier said after the hearing.
Deputy District Attorneys Vicki Monroe and Roy Nelson agreed the judge's ruling will be significant because McGroarty is the first to rule on the state's medical marijuana law in a criminal case.
"Perhaps this law needs to be looked at and tighter controls imposed if a doctor, based on a patient's comments, will give a recommendation for medical marijuana," Monroe said referring to Tinnell's testimony.
Tinnell insisted in court that Werner is far better off now than he was before he smoked marijuana as often as 15 times a day.
Werner said he has been committed to mental institutions in Nevada, California, New York and Amsterdam after his bipolar condition sparked bizarre behavior. Other prescribed drugs, such as Lithium, didn't work for him and had unpleasant side effects, he said.
Tinnell said he wouldn't change his recommendation.
"I was amazed. I have never seen anything like it," Tinnell said. "It smoothed him right out. To my knowledge, he hasn't had to go back to the hospital."
Ryan Mortier said prosecutors offered to plead down Werner's charges to misdemeanor possession of marijuana, which likely would have resulted in Werner receiving only probation.
Werner rejected the offer because he believes in his fight to make marijuana more accessible to patients who need it, his attorney said.
McGroarty instructed the attorneys to submit their closing arguments in writing by the end of next month.
Las Vegas Review-Journal
Contact: letters@lvrj.com
Website: http://www.lvrj.com/