Medical pot patients grounded
Marijuana advocates arrested at airports, state law notwithstanding
by Nancy Cook Lauer Stephens Media
Published: Sunday, October 31, 2010 8:20 AM HST
Big Island medical marijuana patients trying to take their pakalolo on interisland flights are increasingly finding themselves in court, despite a state law protecting them from prosecution.
Donna Goldsworthy, a nurse and well-known Red Cross volunteer, was one of two medical marijuana patients appearing Thursday in District Court in Hilo, responding to warrants stemming from marijuana possession at Hilo International Airport. Both Goldsworthy and the other defendant, Alan R. Lee, are fighting second-degree misdemeanor charges of promoting a dangerous drug.
Another defendant who was arrested at Kona International Airport is scheduled for court in Kona on Dec. 7.
Belinda Hill, the public defender representing Goldsworthy and Lee, filed motions to dismiss the charges, although both defendants signed stipulations admitting they were in possession of marijuana. Deputy Prosecuting Attorney Andrew Son stipulated the two had valid medical marijuana certificates, known as "blue cards," when they were charged and their marijuana confiscated.
District Judge Barbara Takase said she'd take the motions under advisement and issue written findings at a Dec. 15 hearing.
The Transportation Security Administration, the federal agency that screens passengers at airports, doesn't arrest passengers on drug charges, a spokesman said Friday. Instead, the agency turns the passengers over to local law enforcement.
"Our mission is to keep explosives off planes," said TSA spokesman Nico Melendez. "Drug enforcement is not in our mission."
A half-dozen members of marijuana advocacy group Friends for Justice sat though the hearings in a show of support.
"We're here for moral support and because evil doesn't function well under the light," said the Rev. Nancy Harris, of Sacred Truth Mission.
The group has also planned a "Light Up the Vote" candidate forum and rally at 2 p.m. today at the Mooheau Park Bandstand on Hilo's Bayfront.
Advocate Matt Rifkin, a member of the Medical Cannabis Working Group set up by the state Legislature, said medical marijuana patients often report problems when they attempt to board planes for interisland travel. Many testified during legislative hearings on medical marijuana bills over the past four years.
He said at least 5,000 of the approximately 8,000 registered medical marijuana users in the state live on the Big Island. They often need to travel to Honolulu for medical care, he said.
"I think this happens a fair bit, but people just pay the fine and be done with it," Rifkin said.
Last year, more than 400 people were arrested for possession of less than an ounce of marijuana, he said, although it's not known how many of them had blue cards. Bench warrants are issued for simple possession, and defendants can avoid the charge by paying a $50 fine and $350 in court fees, he said.
Goldsworthy, who was in a wheelchair with a broken leg, was detained at the Hilo airport Dec. 12, 2008, after a pat-down search found 10.2 grams of marijuana in a plastic bag in her waistband, according to the stipulation. Lee was carrying 2.97 ounces in his checked-in luggage when he was stopped Nov. 6.
State law allows registered medical-marijuana patients to possess up to three ounces of marijuana. The patients aren't allowed to use the pakalolo in a public setting but "transportation of marijuana for medical use is specifically protected," according to a manual put out by the state Department of Public Safety Narcotics Enforcement Division.
Medical marijuana confiscated by the county Police Department is to be returned "immediately upon the determination by a court that the qualifying patient or primary caregiver is entitled to the protection offered by the Medical use of Marijuana Law," although HPD will not be responsible for the care and maintenance of seized live marijuana plants, according to HPD's Rules and Regulations Governing Investigations Involving the Medical and Religious Use of Marijuana.
Another defendant in court the same day, Robin Brian Young, was arrested Nov. 6 at Mooheau Park near the bus station in Hilo. Young's trial was postponed until Feb. 25 because Young, apparently suffering from stroke-like symptoms of slurred speech, poor motor control and confusion, stated he didn't understand the proceedings.
"What part of it didn't you understand?" asked Takase. "Were you listening?"
"I'm not feeling well," Young said. "I don't understand what's going on ... I'm a little confused today ... I have my license and I have three ounces."
Copyright © 2010 - Hawaii Tribune-Herald
Hawaii Tribune-Herald :: Hilo, Hawaii > Local News
Marijuana advocates arrested at airports, state law notwithstanding
by Nancy Cook Lauer Stephens Media
Published: Sunday, October 31, 2010 8:20 AM HST
Big Island medical marijuana patients trying to take their pakalolo on interisland flights are increasingly finding themselves in court, despite a state law protecting them from prosecution.
Donna Goldsworthy, a nurse and well-known Red Cross volunteer, was one of two medical marijuana patients appearing Thursday in District Court in Hilo, responding to warrants stemming from marijuana possession at Hilo International Airport. Both Goldsworthy and the other defendant, Alan R. Lee, are fighting second-degree misdemeanor charges of promoting a dangerous drug.
Another defendant who was arrested at Kona International Airport is scheduled for court in Kona on Dec. 7.
Belinda Hill, the public defender representing Goldsworthy and Lee, filed motions to dismiss the charges, although both defendants signed stipulations admitting they were in possession of marijuana. Deputy Prosecuting Attorney Andrew Son stipulated the two had valid medical marijuana certificates, known as "blue cards," when they were charged and their marijuana confiscated.
District Judge Barbara Takase said she'd take the motions under advisement and issue written findings at a Dec. 15 hearing.
The Transportation Security Administration, the federal agency that screens passengers at airports, doesn't arrest passengers on drug charges, a spokesman said Friday. Instead, the agency turns the passengers over to local law enforcement.
"Our mission is to keep explosives off planes," said TSA spokesman Nico Melendez. "Drug enforcement is not in our mission."
A half-dozen members of marijuana advocacy group Friends for Justice sat though the hearings in a show of support.
"We're here for moral support and because evil doesn't function well under the light," said the Rev. Nancy Harris, of Sacred Truth Mission.
The group has also planned a "Light Up the Vote" candidate forum and rally at 2 p.m. today at the Mooheau Park Bandstand on Hilo's Bayfront.
Advocate Matt Rifkin, a member of the Medical Cannabis Working Group set up by the state Legislature, said medical marijuana patients often report problems when they attempt to board planes for interisland travel. Many testified during legislative hearings on medical marijuana bills over the past four years.
He said at least 5,000 of the approximately 8,000 registered medical marijuana users in the state live on the Big Island. They often need to travel to Honolulu for medical care, he said.
"I think this happens a fair bit, but people just pay the fine and be done with it," Rifkin said.
Last year, more than 400 people were arrested for possession of less than an ounce of marijuana, he said, although it's not known how many of them had blue cards. Bench warrants are issued for simple possession, and defendants can avoid the charge by paying a $50 fine and $350 in court fees, he said.
Goldsworthy, who was in a wheelchair with a broken leg, was detained at the Hilo airport Dec. 12, 2008, after a pat-down search found 10.2 grams of marijuana in a plastic bag in her waistband, according to the stipulation. Lee was carrying 2.97 ounces in his checked-in luggage when he was stopped Nov. 6.
State law allows registered medical-marijuana patients to possess up to three ounces of marijuana. The patients aren't allowed to use the pakalolo in a public setting but "transportation of marijuana for medical use is specifically protected," according to a manual put out by the state Department of Public Safety Narcotics Enforcement Division.
Medical marijuana confiscated by the county Police Department is to be returned "immediately upon the determination by a court that the qualifying patient or primary caregiver is entitled to the protection offered by the Medical use of Marijuana Law," although HPD will not be responsible for the care and maintenance of seized live marijuana plants, according to HPD's Rules and Regulations Governing Investigations Involving the Medical and Religious Use of Marijuana.
Another defendant in court the same day, Robin Brian Young, was arrested Nov. 6 at Mooheau Park near the bus station in Hilo. Young's trial was postponed until Feb. 25 because Young, apparently suffering from stroke-like symptoms of slurred speech, poor motor control and confusion, stated he didn't understand the proceedings.
"What part of it didn't you understand?" asked Takase. "Were you listening?"
"I'm not feeling well," Young said. "I don't understand what's going on ... I'm a little confused today ... I have my license and I have three ounces."
Copyright © 2010 - Hawaii Tribune-Herald
Hawaii Tribune-Herald :: Hilo, Hawaii > Local News
