Pubdate: Sun, 19 Aug 2012
Source: Maui News, The (HI)
Copyright: 2012 The Maui News
Author: Lila Fujimoto


WAILUKU - A Lahaina man was ordered to pay a $1,000 fine on a drug
charge after police seized 23 marijuana plants from his residence
three years ago.

Frederick Bacolini, 69, was given a chance to keep a reduced charge of
first-degree promotion of a detrimental drug off his record if he
follows court requirements for one year.

He was given credit for 12 days he previously spent in

Police seized the marijuana after seeing the plants during a flyover
of the property on Ikaika Place, then obtaining a search warrant, said
Deputy Prosecutor Tracy Jones.

Police reported that a check showed Bacolini had a valid medical
marijuana permit.

But "they found more marijuana in his possession than he was permitted
to have," Jones said.

Hawaii law allows registered patients diagnosed with a "debilitating
medical condition" to have an "adequate supply" of no more than three
mature marijuana plants, four immature marijuana plants and 1 ounce of
usable marijuana for each mature plant.

Deputy Public Defender Wendy Hudson said Bacolini believed others had
medical marijuana "blue cards" for the property.

She said Bacolini was likely to do well on probation, noting he had
been supervised while free for two and a half years while his case was

While Bacolini described himself as a disabled veteran, 2nd Circuit
Judge Richard Bissen said Bacolini's service record indicated he spent
about six months on active duty of the nearly 20 months he was in the

Bissen asked Bacolini why he had smoked marijuana daily for the last
49 years.

"I can sleep. I have no spasms whatsoever and I can walk throughout
the day without any pain," Bacolini said. "My condition is daily. I
have had pain since 1962. It hurts really bad."

As part of his sentence, Bacolini was ordered not to consume alcohol
or illegal drugs.

An unregistered Ruger firearm found in the police search was
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