Several Nevada people accused of illegally operating medical marijuana dispensaries were released by a federal judge Friday, but activist Pierre Werner must scrape up $100,000 in cash or property to get himself out of jail.
Werner, 39, of Las Vegas Nevada appeared before U.S. Magistrate Judge Lawrence Leavitt a day after his arrest. The defendant was one of 14 people, including his Nevada mother and brother, arrested Thursday in connection with marijuana sales at dispensaries.
Federal prosecutors argued that Werner, who has prior felony drug convictions, should be detained pending trial.
"Despite all these convictions, he's still engaged in the illegal distribution of marijuana," Assistant U.S. Attorney Bradley Giles said.
As a career offender, the prosecutor added, Werner "is looking at a significant sentence in this case."
Outside the Lloyd George U.S. Courthouse a handful of people protested throughout the day Friday. They displayed signs with messages such as "Marijuana Is Medicine" and "End the Raids."
This week's arrests followed the September raids of several Las Vegas dispensaries, including Dr. Reefer, a business operated by Werner's mother, Reynalda Barnett, and brother, Clyde Barnett, at 8975 S. Pecos Road. Clark County suspended Dr. Reefer's business license in November.
Storefront marijuana dispensaries are not recognized under Nevada's Medical Marijuana Act, the U.S. attorney's office has said, and it is illegal to sell medical marijuana in Nevada. Medical marijuana patients and caregivers in the state must grow their own.
In court on Friday, Werner was wearing a red "Dr Reefer" T-shirt in the design of a Dr Pepper logo -- a fact not lost on Giles.
"I'm just looking at his shirt right here in court today," the prosecutor told Leavitt.
Giles said the shirt contradicts Werner's lawyer, Conrad Claus, who said Dr. Reefer's business plan was established in a way that kept Werner out of daily operations.
Claus said Werner has been an outspoken advocate for the legalization of marijuana, which he considers an important issue of public health and personal freedom.
The defense lawyer accused the government of trying to lock Werner up and stifle his ability to speak to the news media about the issue.
Leavitt agreed to release Werner on a $100,000 secured bond, meaning the defendant must post that amount in cash or property. If released, Werner must stay in Nevada. He also must refrain from using marijuana or having involvement in marijuana dispensaries while awaiting trial.
The judge released both Reynalda Barnett, 59, and Clyde Barnett, 21, without requiring a bond, but he ordered both defendants to refrain from using marijuana or having involvement with marijuana dispensaries.
All three Nevada defendants must submit to drug testing while under pretrial supervision.
Claus said Werner does not have the resources to get out on bond, but he may be able to raise the money from relatives.
The defense lawyer said Dr. Reefer was established as a referral business, and Werner denies having knowledge of any specific sales.
