Medical Marijuana on Trial

[User]

The legal boundaries of medical marijuana use on Molokai were tested at the Molokai District Court in Kaunakakai last Tuesday. Based on her legal medicinal use of the drug, Gloria Molica is facing possible eviction from Home Pumehana, the senior living center where she resides.

“It is dangerous to the health and safety of the residents,” said Home Pumehana Housing Manager Jersula Manaba, explaining reasons why the living facility does not allow marijuana on its grounds.

Medical use of marijuana is controversial because it is a federal offense, yet since 2000 has been legal in the state of Hawaii. Sixty-two-year-old Gloria Molica said she has suffered from severe depression and post traumatic stress disorder, so much so that her doctor has prescribed her to use marijuana to treat her symptoms. Molica holds a “blue card,” the certificate that allows Hawaii patients to grow, transport and possess marijuana for personal medical purposes with a physician’s approval.

Judge Barclay MacDonald heard the Home Pumehana versus Gloria Molica case. Attorney Maria Sullivan represented plaintiff Manaba. Defendant Molica attended the trial without an attorney.

“I don’t buy, I don’t sell, I do not smoke,” said Molica at the trial. “I vaporize at my own discretion because of my health,” she said.

Self-described as a member of the Kingdom of Heaven: The Religion of Jesus Church, Molica said she also uses marijuana for religious purposes.

“We use it spiritually as a sacrament,” said Molica, describing her religious practices. “We are recognized legally in the state of Hawaii.”

Manaba explained that Molica has resided at Home Pumehana for more than one year. The lease she signed before moving into the facility prohibits drug-related criminal activity, and Home Pumehana has a zero-tolerance policy for violations, according to Manaba. As a result of Home Pumehana being a federally subsidized facility, Manaba said the center’s regulations override state of Hawaii exceptions, including Molica’s medical marijuana card.

“The card does not hold any ground,” said Manaba.

Although Manaba said Home Pumehana has no problem with Molica using marijuana for medical purposes away from the facility, she said it is still illegal to use marijuana on Home Pumehana property.

“I am not a criminal,” said Molica. “I need legal advice and help.”

Because Molica uses marijuana legally for medical purposes, MacDonald did not find probable cause that Molica is a criminal under federal law.

“If she has a medical marijuana card, she is not engaging in criminal activity,” said MacDonald.

MacDonald ordered Home Pumehana to submit a written statement by July 28 explaining why they classify Molica’s legal use of marijuana under the drug-related criminal activity clause in her lease.

“The question is whether or not her activity under a card granted to her violates your lease,” said MacDonald.

For the case, Home Pumehana sought to evict Molica in 30 days. Molica said she wants to move out of Home Pumehana, but requested 120 days to find a new place to live. After Home Pumehana submits the written analysis, Molica will have until August 17 to respond in writing. Home Pumehana will have a second opportunity to respond in writing by September 1. MacDonald said he will make a ruling on the case by September 8, at which time he will decide if and for how long Molica can remain at Home Pumehana.



News Hawk: User: http://www.420magazine.com/
Source: THE MOLOKAI DISPATCH
Author: Melissa Kelsey
Copyright: 2009 THE MOLOKAI DISPATCH
Contact: Contact Us | The Molokai Dispatch
Website: Medical Marijuana on Trial | The Molokai Dispatch

Thanks to Vaping for pointing me to this article.

[Caber1]

To be so callous and then to hide behind what you interpret to be the law is so disgusting it makes me sick.
Was this woman hurting anyone or causing any trouble?
What possess another human to want or need to make my life harder so that they can feel what? I say what because I don't understand the motivation or reward of these actions.
They seem so like the bully attitude that mainstream likes to preach that they hate.

[vaping]

thank you for bringing this news story to everyone's attention.
i have just written a letter to the editor about my views on this which will hopefully go into the next friday's Dispatch:

With dismay i am following the case of possible eviction of a nice older lady from home pumehana.
i never thought that this witch hunt against a person using a herb to control her pain in the privacy of her own four walls would cause anyone concern in the 21. century. this herb (medical marijuana) was prescribed by the lady's physician because her previous prescription made her sick. she has our state's permission to use it and it has to be renewed annually.
the plaintiff in the court case, home pumehana, made a statement in court that it is "dangerous to the health and safety of the other residents". this is ludicrous because there is no smoke from the vaporizer which the patient uses to inhale it.
President Obama himself announced that the feds will stop interfering in the states' medical marijuana laws, yet the plaintiff maintains that the medical permit given by the state is meaningless because home pumehana is federally funded.
Here comes my question: can anyone who operates in our state, even with federal funds, overrride the laws of the state?
Another question: what is the difference between using prescription tranquilizers, anti-depressants and strong pain relievers or cannabis when it is prescribed by a doctor to help his patient to the best of his knowledge?
To even mention in court that the defendant did "criminal activity" by taking her medication, and this way trying to render her homeless is to wrongly destroy the person's integrity and repute in this community and further do harm to her deterrioating health.
The lady should have been defended by a good lawyer which would have changed the outcome, but as usual, the poor don't win.
For the sake of sanity, fairness and compassion, my hope is for home pumehana to retract this witch-hunt.
sincerely, kalae.