DOCTOR RECOMMENDED MEDICAL MARIJUANA TO 200

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.