REEFER MADNESS

Pierre Werner, 35, stands charged with being a marijuana dealer. He is
currently on trial in Clark County District Court and faces up to
three years, if convicted.

Mr. Werner contends that he is simply involved in providing medical
marijuana to seriously ill patients. "He's not a dealer," his attorney
said. "He's not a threat to society. He's helping sick people."

Mr. Werner was previously convicted in New Jersey of conspiring to
distribute 170 pounds of dope. And the case against him here rests on
the fact that he was found with more pot than the authorities argue is
necessary to be in the medical marijuana business. "Over 26 plants in
the bedroom, 3 or 4 feet tall, and various items used to cultivate,"
was how one police officer described the evidence.

Like residents of a dozen other states, Nevadans have approved the use
of marijuana for medicinal purposes.

Under state law, a licensed patient may possess marijuana to treat
illnesses that a physician has diagnosed. Growers licensed by the
Nevada Department of Agriculture can tend to seven plants at any one
time, but only three may be mature.

As of 2004, Mr. Werner did indeed have a license from the state to
grow and use marijuana. It was later revoked, apparently, but state
offiicials would not discuss his current status.

Jurors on Wednesday were able to examine the boxes of marijuana
confiscated from Mr. Werner's home when he was arrested. But the real
issue they must address is clear: Is Mr. Werner indeed growing this
plant in order to "help sick people"?

The fact this case has gone to trial indicates that the police and
district attorney's office believe the answer to that question is no.

But if the jury determines otherwise, they should honor the will of
Nevada voters and acquit Mr. Werner -- regardless of whether he was
found to be in possesssion of three plants or more than two dozen.

Anything less will only encourage the future harassment of ailing
patients who find comfort and pain relief in the use of medical marijuana.