Pierre Werner has been released from a federal prison facility known as “Terminal Island” just outside of Los Angeles, after 22 months of incarceration, for operating a Medical Marijuana dispensary. Mr. Werner better known as “Dr. Reefer” set up a booming business where Clark County residents would pay between $300-$400 to find an appropriate doctor who would evaluate the patient and create a “referral” for medical marijuana use. In addition to this referral, Dr. Reefer’s company would assist in the paper work and filing for a medical marijuana license here in Nevada. The referral business was legal under Nevada law, but the medical marijuana dispensaries were not. His dispensary among another dozen or so we caught in raids conducted by the Las Vegas Metropolitan Police Department and the Drug Enforcement Agency (DEA) in the fall of 2010. Mr. Werner’s stiff sentence was based on his prior criminal history involving drugs and him being the owner of the business.
Although medical marijuana use, possession and sales are still illegal under Federal law, Mr. Werner may likely be one of the last people prosecuted for running a dispensary out of Nevada. Since his conviction, the legislature has passed laws regulating medical marijuana dispensaries. And although the Las Vegas City Council has put a 6 month hold on accepting application to allow these dispensaries to open and operate, it is only a matter of time before Las Vegans who are medical marijuana patients, will be able to have legal and safe access to marijuana, and the owners of these dispensaries will not be running afoul of local law. And unless the a new presidential administration changes course from the current administration’s position of not enforcing the federal law of prohibiting marijuana, owners and operators will not be looking over their shoulder hoping the feds are coming.
In Las Vegas, it looks as if the legalization of Medical Marijuana and dispensaries are slowly but surely falling into place. Once the city council ends their hold, and begins accepting applications, the 40 dispensaries allowed by law will begin business. Only after they are opened will the city be able to get a full understanding of unanticipated consequences of these new laws. Although many other states have passed similar laws, Las Vegas is a unique city with its own set of unique circumstances; I would imagine we will have a few surprises from the implementation of this law very soon.
Michael A. Troiano, Esq.
Attorney at Law
Source: Review Journal