Pubdate: Wed, 17 Jul 2002
Source: Honolulu Star-Bulletin (HI)
Copyright: 2002 Honolulu Star-Bulletin
Contact:  http://www.starbulletin.com/
Details: http://www.mapinc.org/media/196
Author: Rod Thompson

KONA POLICE RETURN CONFISCATED PAKALOLO

It Had Been Taken From 3 Approved Users Of Medical Marijuana

KAILUA-KONA) Kona police have returned 1.5 ounces of marijuana to three 
state-approved medical marijuana users after confiscating the substance 
from them last week.

In a room at the main Kealakehe station yesterday, a police officer 
returned the marijuana belonging to John and Rhonda Robison and their house 
guest, Kea Wells.

But police say an investigation is continuing and charges are still possible.

Honolulu attorney Jack Schweigert, who represents the three, said this is 
the first instance in Hawaii of police returning marijuana to people.

"I'm happy for them," Schweigert said. "They were really sick."

The Rev. Dennis Shields, who is pastor for the three and whose ministry 
includes the use of marijuana, said he believes this is the first instance 
in the nation of police returning marijuana to people.

Wells is under treatment for leukemia and recently received radiation and 
chemotherapy. Schweigert said she was vomiting repeatedly over the weekend 
because she lacked marijuana, which helps people tolerate chemotherapy.

John Robison was diagnosed with leukemia 10 years ago and attributes his 
long-term survival to anti-cancer properties of substances in marijuana. 
Rhonda Robison uses marijuana to treat pain from a form of muscular dystrophy.

All three have state medical marijuana certificates that allow them to have 
up to three mature and four immature marijuana plants each, plus one ounce 
of dried marijuana each.

Police searched their home July 8, seized their marijuana, arrested and 
held them for eight hours before releasing them without charges.

Vice Lt. Robert Hickcox said the dried marijuana was returned yesterday 
because the total seized by police, 1.5 ounces, was less than the total of 
3 ounces that the three were allowed to have.

Hickcox said the decision to return the marijuana was made after police 
consulted with the Narcotics Enforcement Division of the state Department 
of Public Safety and the Hawaii County Prosecutor's Office.

Police also seized 20 plants, one fewer than the total of 21 the three were 
allowed to have, he said.

The plants were not returned because 11 were mature, but the three medical 
marijuana users are allowed to have no more than a total of nine mature 
plants, according to Hickcox.

Shields said he was at the Robison home the night before the police search 
and only one of the 20 plants was mature, as evidenced by the presence of 
flowers or buds on the plants.
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