Pubdate: Tue, 07 Oct 2003 Source: West Hawaii Today (HI) Contact: 2003 West Hawaii Today Website: http://westhawaiitoday.com/ Details: http://www.mapinc.org/media/644 Author: Tiffany Edwards, West Hawaii Today Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) Bookmark: http://www.mapinc.org/topic/Green+Harvest MEDICAL MARIJUANA PATIENTS SEEK SETTLEMENT HILO - Two medical marijuana patients suing police officers who seized their marijuana are seeking a settlement with the county, their attorney said. The County Council is expected to discuss in executive session during its meeting Wednesday a settlement offer made by Puna resident Guy Shepherd, attorney Jack Schweigert said. He said he and Shepherd made the good faith and damage offer in August. He would not discuss details of the offer. Shepherd in July 2002 filed a lawsuit against the county and the police officer who rappelled into his yard and cut two of his marijuana plants earlier that month. Police on a Green Harvest mission spotted plants growing outside Shepherd's residence in the Leilani Estates subdivision. Shepherd is registered with the state Department of Public Safety Narcotics Enforcement Division to use marijuana for chronic pain in his shoulder and left hip. Schweigert said another one of his clients, Kona resident Kealoha "Kea" Wells wants to make a settlement offer to the county, but he hasn't had time to make a formal pitch to county attorneys. John and Rhonda Robison, a couple who Schweigert is also representing, aren't expected to reach a settlement with the county, however, he said. "It's a thorny issue because you're talking about paying money for taking somebody's marijuana," Schweigert said. "For Guy Shepherd, I'm optimistic. For Kea Wells, I'm optimistic. For the Robisons, I think we're going to have to go to trial. "Maybe the county will turn around and get more realistic," Schweigert added. "I don't think people on the Big Island are so against marijuana that they can't understand the medical use of marijuana. I don't think a jury after they hear the Robisons' case will feel sympathetic for police." The Robisons and their roommate, Wells, were arrested July 8, 2002 after police seized 20 marijuana plants and 1.5 ounces of dried marijuana from their Kalaoa residence. Police released the Robisons and Wells "pending further investigation" the same day, and criminal charges were never filed. Police returned marijuana more than one month later, after reportedly consulting with the prosecutors and the state Department of Public Safety. Like Shepherd, the Robisons and Wells are registered with the state to possess and grow marijuana medically. John Robison and Wells suffer from acute lymphocytic leukemia, and Rhona Robison has Charco - Marie - Tooth (CMT) muscular dystrophy. State law allows registered medical marijuana patients to have four immature plants and three mature plants, along with one ounce of usable marijuana per mature plant. A mature plant, according to the law, is flowered or has buds that are readily observed by "unaided visual examination." Police, initially after arresting the Robisons and Wells, maintained the three medical marijuana cardholders had violated the law by not labeling which plants belonged to which cardholder. The Department of Public Safety has since recommended the state's 600 - plus patients label their plants. The Robisons declined comment Monday. Neither Shepherd nor Wells could be reached Monday. - --- MAP posted-by: Doc-Hawk