Prosecution of ‘Adult Personal Use’ case by County Prosecutor

[Jim Finnel]

Hawaii - A man with three medical marijuana licenses on his fridge was raided in 2006 by Officer John Weber. This guy has been in court ever since. He had 23 plants and an alleged amount of dried material. Officer Weber denied that there were three marijuana licenses on the fridge but the court has since found that in fact, there were three medical marijuana licenses applicable to the property. Officer Weber also weighed the material that was ‘drying’ but not ‘dry’. When it was weighed, stems and stalks were included. In the specific regulations relating to dried product, ONLY the flowering part of the plant (the buds) are to be counted. What it did back then was allow Weber to arrest our Hawaiian Acres man because in theory he was ‘over’ the limit allowed.Then the person whom this case concerns was indicted by a Grand Jury and has been in court ever since.

The point is this: THREE licenses entitle one to seven plants each which would add up to 21 plants. Even if there was, in addition, some dried Cannabis, the weight of the stems and stalks should never have been counted. And besides .. that case should never have wasted this much time in a court room with all of the costs associated. Three years later and there still hasn’t been a hearing.

It’s just plain wrong. Prosecuting this case is a waste of County money and it’s a waste of time. And it is NOW the LOWEST PRIORITY for the Department of Public Safety in this county to spend money on searching for Cannabis, arresting for Cannabis use or possession or prosecuting for Cannabis use or possession whenever such a case involves 24 or fewer plants for adult personal use.

With three adults on the property, the ordinance would suggest that if they had 60 plants and some dried material (the equivalent of 12 plants), then the police should walk away from that too. The prosecutor needs to go through the books and look at how many more cases like the two already posted here, are about cases involving ‘Adult Personal Use’ as defined by the ordinance.

Here’s that section of the ordinance again for anyone who wants to see just what Mr. Kimura won’t see. According to the law:

Section 14-100. “County Prosecuting Attorneys:”

To the full extent allowed by the Constitution of the State of Hawai‘i, the people, through their county government, request that neither the county prosecuting attorney nor any attorney prosecuting on behalf of the county shall prosecute any violations of the sections of chapter 712-1240 of the Hawai‘i Revised Statutes regarding possession or cultivation of cannabis in a manner inconsistent with the Lowest Law Enforcement Priority, as described in section 14-98 and 14-99 of this article; in cases where the amount possessed or grown is less than twenty four plants or the dried equivalent, possession for adult personal use shall be presumed.

The problem is they need to get it.. It’s the lowest priority. Wake up! The 35,000 voters who passed this ordinance don’t want you prosecuting any more cases of ‘adult personal use’.


NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Peaceful Sky Alliance
Copyright: 2009 Peaceful Sky Alliance
Contact: Contact Us – Peaceful Sky Alliance
Website: Case #2 Prosecution of ‘Adult Personal Use’ case by County Prosecutor – Peaceful Sky Alliance

 

[Cherma]

Then the person whom this case concerns was indicted by a Grand Jury and has been in court ever since.

Yes he has. Officer Webber as it is understood no longer resides in or on Hawaii County. His harsh reprimands for the unethical ways of arresting certain individuals over the many years has many concerned in the courts. His track record of any and all arrests or convictions must be over turned to any one who has been arrested by Office Webber over the last 4 years on Hawaii or in Hawaii County. The Courts and the Judges who refuse to hear testimony from certain Medical Experts on Hawaii or allow any " Truth" defense to be used by any defendant must be removed as soon as they can be.
Any person that were or have been incarcerated because of Office Webbers arrests must be released asap. The ACLU is looking at this case and several others in and on Hawaii, and the ways in whch these people were arrested and by whom.
Yes, there are pictures of this man in this article that shows the officers next to his 15 foot tall plants with his children and the officers. They were not arrested that day. A week later after the Police had researched and found that he had 3 Hawaii Medcial
Cannabis permits and to have 21 plants.Then, this Officer Webber turned the other way and arrested him, took all cash appr 1200.00 never to found.etc etc etc as Yul brynner would say in the "King & I". D, and made off like Scarlett O'Hara in " Gone with the Wind."
The Hawaii police department ought to be ashamed of itslef on this case and many more created by Officer Webber.

 

[surfin365]

Re: Prosecution of 'Adult Personal Use' case by County Prosecutor

The Hawaii police department ought to be ashamed of itslef on this case and many more created by Officer Webber.

The Hawaii Island (or any other) P.D. has no shame!!!

 

[stonedrock]

Well we hope to change that soon as we now have a new research commitee who will recommend changes to the current law which has to many GREY AREAS in it. Hopefully next yr we will see them, plus adding our own disensaries for MM users. WE WANT CHANGES AND SAFE ACCSESS !!!!!!!!!!!!!!!
Mahalo.