HIGH AND DRY

Out of Options, Medical Marijuana Patient Pierre Werner Files Suit Against
the Department of Agriculture

For five years, Pierre Werner has fought defiantly to open Nevada's first
legal cannabis club. He has fought anti-pot activists, Metro Police and
conservative politicians. He has fought Clark County, the state and even
the feds. In short, the diminutive Las Vegan has taken on all comers --
regardless of their size, power and influence.

And now, he's really getting dirty.

On May 11, Werner -- a medical marijuana patient -- filed a lawsuit against
the Nevada Department of Agriculture in Clark County District Court. The
suit alleges the department, which oversees the state's medical marijuana
program, wrongfully interfered with Werner's plan to open a cannabis (or
"compassion") club in Clark County and unlawfully disclosed patient
information to the media.

The lawsuit seeks to change state law, recoup all costs related to the
suit, and get Department of Agriculture employees Jennifer Bartlett and Don
Henderson terminated or transferred.

Werner seems particularly concerned with Nevada Administrative Code
453A.150, which says patients cannot supply marijuana to other patients and
that licensed suppliers (known as "caregivers") can only provide to one
patient.

"This [lawsuit] was one of the only ways I could start a club," said
Werner, explaining that his goal is to provide a safe and reliable place
for patients to get medication. "There are actually two ways to repeal this
administrative code [453A.150]. One is to have the department investigate
how it contradicts the statute and have them withdraw the code. Two, a
private party can file a complaint to have it repealed."

Werner, who said he uses marijuana to combat insomnia and nausea possibly
related to a bipolar disorder, insisted the lawsuit was a last resort.

"I called Don Henderson, the head of the Department of Agriculture, and I
explained to him that he could repeal this code or I'm going to file a
lawsuit," said Werner. "Mr. Henderson told me to move to California [where
cannabis clubs are legal]. I called my attorney right away and told him to
file the lawsuit."

Added Ryan Mortier, Werner's attorney: "I really think this case has a
great chance. The statutes are clear. And what they [the Department of
Agriculture] have done is in direct violation of the statutes. It's really
black and white."

In 2000, Nevada voters granted the Department of Agriculture (in
cooperation with the Department of Motor Vehicles) the right to prepare and
issue medical marijuana cards to citizens with chronic or debilitating
conditions and diseases. By law, these cardholders can possess up to 1
ounce of marijuana, three mature marijuana plants and four immature plants
at a time. They can grow their own marijuana or get it from one of the
state's 63 licensed caregivers.

The Department of Agriculture, however, does not advise the 600 or so
patients on how to get the medication.

Gina Session, senior deputy attorney general, reviewed the lawsuit shortly
after it was filed. Speaking on behalf of the Department of Agriculture,
Session characterized the action as frivolous.

"I really don't see that there's a real basis for any kind of liability on
the part of the department," she said. "It appears to me that Mr. Werner
wants to open a cannabis club. He is saying that our regulation that
restricts the number of patients to caregivers is beyond the scope of our
authority under the statute. But the statute gives us really broad
authority to regulate the program and to pass regulations."

Nevada Revised Statute 453A.700 was also referenced in the lawsuit. It says
that the Department of Agriculture must maintain the confidentiality of
patients who have applied for or been issued a medical marijuana card. The
suit alleges the department breached the confidentiality requirements when
Bartlett and Henderson spoke to a Review-Journal reporter in April 2004.

"I want the resignations of Mr. Henderson and Mrs. Bartlett," Werner said.
"I find them both to be incompetent bureaucrats with their own agendas."

Session replied: "I believe they are both very competent. And I think the
evidence will bear that out."

Once the attorney general's office receives the lawsuit, it has 30 days to
respond. Depositions, trial dates and court proceedings will follow. The
suit, Mortier explained, will probably not be resolved for a couple of years.

"I've had enough," said Werner. "I got the lawsuit filed and now I'll just
wait. I'm ready to move to California and open up a shop there. And then
once this code is repealed, I'll move back [to Nevada] and open up my club."