Pubdate: Fri, 30 Jan 2004
Source: West Hawaii Today (HI)
Copyright: 2004 West Hawaii Today
Contact:  http://westhawaiitoday.com/
Details: http://www.mapinc.org/media/644
Author: Tiffany Edwards
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

MEDICAL MARIJUANA CASE AGAINST POLICE SET FOR SEPTEMBER

HILO - A May civil trial against police officers who seized three medical 
marijuana patients' plants more than one year ago has been postponed until 
September, the plaintiffs attorney said.

Honolulu attorney Jack Schweigert said Kealoha Wells has made a settlement 
offer with the county, while John and Rhonda Robison are expected to take 
their case to trial Sept. 6.

The County Council has Wells' case on its Feb. 4 agenda to discuss in 
executive session. Deputy Corporation Counsel Joe Kamelamela, who is 
defending the police officers, could not be reached Thursday to confirm 
councilmembers will decide on the settlement offer.

The Robisons and Wells were living together in July 2002 when police 
arrested them and seized 20 marijuana plants and 1.5 ounces of dried 
marijuana from their Kalaoa residence.

Police detained Wells and the Robison couple for eight hours July 8 before 
releasing them "pending investigation" and, to date have not charged them 
with a crime. On July 16, 2002, police reportedly returned the dried 
marijuana to Wells and the couple.

John Robison, 38, and Wells, 31, are registered with the state Department 
of Public Safety Narcotics Enforcement Division to use medical marijuana to 
treat their acute lympho cytic leukemia. Rhonda Robison, 32, is registered 
to treat her Charco - Marie - Tooth (CMT) muscular dystrophy. In addition, 
Rhonda Robison in July 2002 was registered with Public Safety as a primary 
caregiver for Wells, allowing her to grow marijuana for Wells.

According to state law, a medical marijuana cardholder may have up to four 
immature plants and three mature plants, along with one ounce of usable 
marijuana per mature plant. A plant is considered mature when it has buds 
or flowers.

Police have maintained 11 of the 20 plants seized were mature and Wells and 
the Robisons should have only had three mature plants each. They also have 
said Wells and the couple should have put labels on the plants identifying 
which plants belonged to which medical marijuana patient.
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