Charges Undecided for Marijuana Cardholders

[boulder]

Hilo - No charges have been filed against the three medical marijuana patients arrested six months ago. Police arrested John and Rhonda Robison and their roommate, Kealoha Wells, after seizing 20 marijuana plants and 1.5 ounces of dried marijuana July 8 from their Kalaoa home.

 

The Robisons and Wells were released the same day, pending further investigation. All three are registered with the state Public Safety office to use marijuana for medical purposes.

 

John Robison, 36, and Wells, 31, have acute lymphocytic leukemia, and Rhonda Robison, 31, has a nerve and muscle degenerative disease called Charco Marie Tooth.

 

Deputy Prosecutor Fred Giannini, who is assigned to the case, said he is evaluating whether charges will be pursued against the Robisons and Wells.

 

The Robisons and Wells filed a lawsuit July 24 against arresting officer, Mark Farias, and other unnamed officers involved in the arrest. They are being represented by Honolulu attorney Jack Schweigert.

 

With a medical marijuana card, the Robisons and Wells each may legally possess three mature plants, four immature plants, and no more than one ounce of processed marijuana for each mature plant they own.

 

Police said the Robisons and Wells had too much marijuana. Instead of the allowable nine mature plants, police maintain 11 out of the Robisons' and Wells' 20 plants were mature.

 

Police have also said the Robisons and Wells did not have their plants labeled showing which of the plants belonged to which medical marijuana patient.

 

State Public Safety officials, meanwhile, have said plant labeling is not a requirement of medical marijuana cardholders, but it is recommended.

 

The same week police raided the Robisons' and Wells' home, they returned an 1.5 ounces of dried marijuana taken in the raid.

 

Meanwhile, at its regular meeting Jan. 23, the County Council is expected to take up a resolution authorizing the Corporation Counsel to assign Farias an attorney.

 

The resolution states "it is in the public interest to indemnify (Farias) in this action for all damages that may be assessed, including punitive damages."

 

"The council of the county of Hawaii finds that the acts alleged in the complaint, if occurred, were done in good faith and the probability of punitive damages being adjudged is small," states the resolution.

 

"I don't know how they could make a statement like that without knowing what all the facts are," Schweigert said Wednesday, noting the case is in the discovery phase.

 

"I don't know what all the facts are. I'm just beginning on the case, so I'll know more once they (corporation counsel attorneys) start to answer some of the outstanding questions I have sent to them."

 

"Without knowledge of any of the facts at this juncture, to say there is no chance of punitive damages is reckless," said Schweigert of the county's resolution.

 

The resolution was waived Jan. 7 to full council from Finance Committee.

 

Councilmembers had discussed the matter in a closed executive session Dec. 18.

 

Complete Title: Criminal Charges Undecided for Medical Marijuana Cardholders

 

Source: West Hawaii Today (HI)

Author: Tiffany Edwards, West Hawaii Today

Published: January, 16, 2003

Copyright: 2003 West Hawaii Today

Contact: wht@aloha.net

Website: http://westhawaiitoday.com/