Pubdate: Tue, 29 Apr 2014
Source: Honolulu Star-Advertiser (HI)
Copyright: 2014 Star Advertiser
Contact: 
http://www.staradvertiser.com/info/Star-Advertiser_Letter_to_the_Editor.html
Website: http://www.staradvertiser.com/
Details: http://www.mapinc.org/media/5154
Author: Nelson Daranciang
Page: B1

POT ADVOCATE GETS 5-YEAR SENTENCE

Roger Christie Pleads Guilty in a Deal That Allows Him to Appeal

A federal judge sentenced marijuana advocate Roger Christie to five 
years in prison Monday for marijuana trafficking and for failing to 
file income tax returns for 2008 and 2009.

Christie, 64, handed out marijuana at his The Hawaii Cannabis 
Ministry in downtown Hilo in exchange for donations. He maintains 
that the marijuana is a sacrament but pleaded guilty in September as 
part of a conditional plea deal with the prosecutor.

U.S. District Judge Leslie E. Kobayashi, who handed down the 
sentence, had earlier denied Christie's bid to have marijuana 
conspiracy, manufacture, possession and distribution charges against 
him dismissed under the Religious Freedom Restoration Act.

The deal allows Christie to appeal the ruling. If he wins, he will be 
allowed to withdraw his guilty pleas and have his convictions overturned.

Five years was the mandatory minimum amount of prison time Christie 
was facing for conspiring to manufacture and possess with intent to 
distribute 100 or more marijuana plants.

Kobayashi also ordered Christie to pay the government $13,944 in unpaid taxes.

"What a very strange experience this has been for the last 45 
months," Christie told Kobayashi.

He has remained in custody since his arrest in 2010, with the court 
rejecting his multiple requests for bail.

Because of that, defense lawyer Tommy Otake said Christie has already 
served nearly all of his prison term and could be released in the 
next month or two.

The Bureau of Prisons can reduce an inmate's period of incarceration 
by up to 15 percent for good behavior and release the inmate to a 
halfway house for the last six months.

Christie's wife, Sherryanne, 62, pleaded guilty in September to 
trafficking 50 or more marijuana plants under the same plea deal as 
her husband.

Kobayashi sentenced her Monday to 27 months in prison but suspended 
the start of the sentence until after the appeal is over.

"I already feel like I've been in prison. I really miss my husband," 
Christie said.

She was not facing a mandatory minimum. The 27-month term is what 
prosecutor Michael Kawahara and the court's probation office recommended.

"She was second in command," Kawahara told Kobayashi. "After all, she 
was the first lady of the ministry."

Christie married her husband in a visitor waiting area at the Federal 
Detention Center in 2011, she said, because that was the only way she 
could see him.

Otake said Roger Christie is grateful for the opportunity to appeal 
his convictions. But he said federal marijuana laws are antiquated 
and the recommended sentences for them are excessive.

"In a day and age in which 19 states have legalized marijuana for 
medical use, two for recreational use, it seems absurd that there 
would be a mandatory minimum of five years for Roger and that Sher 
would have to be sentenced to 27 months." Otake said.

Sherryanne's lawyer, Lynn Panagakos, told Kobayashi Sherryanne 
Christie walked into federal court Monday for her sentencing. that 
the federal marijuana laws were written before what was believed to 
have been dangerous about the drug was disproved. She asked Kobayashi 
to sentence Christie to just the four days she was in custody 
following her arrest in 2010.

"Of course, she's disappointed," Panagakos said of her client. "But 
she's got bond pending appeal, and we're grateful to the court for that."

After they complete their prison terms, the Christies will be under 
court-supervised release for four and three years, respectively.

Kobayashi said the Christies will not be prohibited from advocating 
their religious beliefs but that they will be prohibited from 
possessing or consuming illegal drugs and substances, including 
marijuana, and will have to undergo regular drug testing. They will 
not be prohibited from associating with THC Ministry members, but 
they cannot knowingly be in the presence of people who possess or who 
are using marijuana.

There were 12 other people who were indicted with the Christies in 
2010. They either grew marijuana for the ministry or worked at the 
ministry. Eleven have pleaded guilty.

Five of them have been sentenced and have already completed their 
prison terms. The 12th defendant was scheduled to stand trial in 
October but failed to show.
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