Pubdate: Tue, 06 Dec 2005
Source: Honolulu Star-Bulletin (HI)
Copyright: 2005 Honolulu Star-Bulletin
Contact:  http://www.starbulletin.com/
Details: http://www.mapinc.org/media/196
Author: Tom Finnegan
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/find?232 (Chronic Pain)
Note: MAP archives articles exactly as published, except that our 
editors may redact the names and addresses of accused persons who 
have not been convicted of a crime, if those named are not otherwise 
public figures or officials.

TERMINAL CANCER PATIENT FINED $2,000 FOR MARIJUANA

TV Official Guilty Of Lesser Drug Charge

LIHUE -- A cancer patient with a medical marijuana license from 
California said he was relieved that he avoided jail time after being 
sentenced last week for promotion of marijuana.

[Name redacted] of Kilauea was instead fined $2,000, despite using 
the marijuana for medical purposes. [Name redacted] has asbestos 
cancer in his stomach and esophagus, according to his lawyer.

[Name redacted] was arrested last year with 1.2 pounds of marijuana 
that was shipped to him from the mainland. That is well above the 
legal amount for someone with a medical marijuana license to legally possess.

Instead, he was charged with first-degree promotion of a detrimental 
drug, a felony that has a imprisonment of up to five years. He 
pleaded guilty to a misdemeanor charge, second-degree promotion, in August.

In [Name redacted] defense, lawyer Daniel Hempey said his client 
"moved to Kauai to die" and should not be treated the same as a 
recreational user.

He used it "to relieve pain and nausea and to allow himself to eat," 
Hempey added. "He ordered a large supply" so he would not have to buy 
it in the street.

[Name redacted] has since sworn off all pain medication and 
marijuana, Hempey continued, and has turned to acupuncture.

While Deputy Prosecutor Rosa Flores argued that [Name redacted] 
admitted smoking marijuana well before his cancer diagnosis, she also 
asked for no jail time.

Circuit Judge George Masuoka agreed but added that if [Name redacted] 
was in his court again, he would have no problem sending him to spend 
his last days in jail.

TV Official Guilty Of Lesser Drug Charge

The managing director of Kauai's public access television station 
pleaded guilty to a petty misdemeanor marijuana charge yesterday.

[Name redacted], 53, who was originally charged with commercial 
promotion of marijuana, had his charges dropped to a petty 
misdemeanor after a plea deal with prosecutors. He paid a $150 fine.

His co-defendants, [Name redacted] and Nathan [Name redacted], also 
received reduced sentences from the original promotion charges. 
Prather pleaded guilty to a petty misdemeanor and paid a $150 fine, 
but [Name redacted] faces up to five years in prison after pleading 
to felony marijuana possession. He is scheduled to be sentenced on Feb. 23.

According to Daniel Hempey, [Name redacted]'s lawyer, the result was 
a bit of vindication for his client, who had been accused of 
harboring 10 pounds of marijuana in his house.

Hempey said that the box containing those drugs were never near his client.

According to police, [Name redacted] received the marijuana via mail, 
in a post office box. Police said he later brought it to [Name 
redacted]'s house and then to [Name redacted]'s Omao residence.

But, Hempey said, those drugs stayed in [Name redacted]'s car, and 
[Name redacted] had no knowledge they were there.
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MAP posted-by: Beth Wehrman