T
The420Guy
Guest
County prosecutors plan to request prison for Jonathan Adler, who was
convicted of commercial promotion of marijuana and possession of drug
paraphernalia last week.
Circuit Judge Greg Nakamura issued his written decision on Thursday
following a trial without a jury that began in January.
The 50 - year - old Adler, who is a third - party candidate for
governor, went to trial on the same charges last year but the jury was
unable to reach a verdict and the judge declared a mistrial.
At that trial, Adler never denied growing the 82 marijuana plants and
seven seedlings or possessing the four smoking pipes that police found
at his Hawaiian Paradise Park home on Aug. 25, 1998.
He said the marijuana was a sacrament in his church and, therefore,
his right to use it was protected by the Hawaii Constitution, which
forbids the government from passing laws that prohibit the free
exercise of religion.
After the mistrial, Adler and the state agreed to several key points,
and to let the judge decide the remaining issues rather than go
through another jury trial.
In his written decision, Nakamura found that Adler was a reverend in
the Religion of Jesus Church, that the religion was legitimate and
that Adler "sincerely believed his religion required the sacramental
use of marijuana or cannabis" at least once a year.
"Defendant has not shown ... that this use requires possession or
cultivation of 50 or more marijuana plants," Nakamura wrote, or "that
this use requires possession of more than one pipe for consumption of
marijuana."
Nakamura said Hawaii has a "compelling state interest" in enforcing
the marijuana and drug paraphernalia laws.
He ordered Adler to appear for sentencing on Aug. 26.
Deputy Prosecutor Kevin Hashizaki said Adler could be sentenced to as
little as five years probation or as much as 15 years in prison. "I'll
be asking for prison," Hashizaki said. "If the judge sentences him to
jail, then I would request that he be taken into jail
immediately."
Adler's attorney, Michael Glenn, says it's more likely the judge will
sentence his client to probation.
"He's a licensed reverend, a father of five and he's harmed no one,"
Glenn said. "Jail would not really serve anyone's purpose." Glenn said
he plans to appeal the verdict.
Adler filed nomination papers April 1 to run for governor as a
candidate for the Natural Law Party. He previously had sought to run
as a member of the Green Party, but was rejected by party leadership.
"When he is sentenced for that felony crime, he cannot run" for office
under state law, said Rex Quidilla, spokesman for the state Office of
Elections. "Our office will be monitoring the situation."
--
Pubdate: Wed, 26 Jun 2002
Source: Hawaii Tribune Herald (HI)
Copyright: 2002 Hawaii Tribune Herald
Contact: htrib@hawaiitribune-herald.com
Website: https://www.hilohawaiitribune.com/
Details: MapInc
convicted of commercial promotion of marijuana and possession of drug
paraphernalia last week.
Circuit Judge Greg Nakamura issued his written decision on Thursday
following a trial without a jury that began in January.
The 50 - year - old Adler, who is a third - party candidate for
governor, went to trial on the same charges last year but the jury was
unable to reach a verdict and the judge declared a mistrial.
At that trial, Adler never denied growing the 82 marijuana plants and
seven seedlings or possessing the four smoking pipes that police found
at his Hawaiian Paradise Park home on Aug. 25, 1998.
He said the marijuana was a sacrament in his church and, therefore,
his right to use it was protected by the Hawaii Constitution, which
forbids the government from passing laws that prohibit the free
exercise of religion.
After the mistrial, Adler and the state agreed to several key points,
and to let the judge decide the remaining issues rather than go
through another jury trial.
In his written decision, Nakamura found that Adler was a reverend in
the Religion of Jesus Church, that the religion was legitimate and
that Adler "sincerely believed his religion required the sacramental
use of marijuana or cannabis" at least once a year.
"Defendant has not shown ... that this use requires possession or
cultivation of 50 or more marijuana plants," Nakamura wrote, or "that
this use requires possession of more than one pipe for consumption of
marijuana."
Nakamura said Hawaii has a "compelling state interest" in enforcing
the marijuana and drug paraphernalia laws.
He ordered Adler to appear for sentencing on Aug. 26.
Deputy Prosecutor Kevin Hashizaki said Adler could be sentenced to as
little as five years probation or as much as 15 years in prison. "I'll
be asking for prison," Hashizaki said. "If the judge sentences him to
jail, then I would request that he be taken into jail
immediately."
Adler's attorney, Michael Glenn, says it's more likely the judge will
sentence his client to probation.
"He's a licensed reverend, a father of five and he's harmed no one,"
Glenn said. "Jail would not really serve anyone's purpose." Glenn said
he plans to appeal the verdict.
Adler filed nomination papers April 1 to run for governor as a
candidate for the Natural Law Party. He previously had sought to run
as a member of the Green Party, but was rejected by party leadership.
"When he is sentenced for that felony crime, he cannot run" for office
under state law, said Rex Quidilla, spokesman for the state Office of
Elections. "Our office will be monitoring the situation."
--
Pubdate: Wed, 26 Jun 2002
Source: Hawaii Tribune Herald (HI)
Copyright: 2002 Hawaii Tribune Herald
Contact: htrib@hawaiitribune-herald.com
Website: https://www.hilohawaiitribune.com/
Details: MapInc