MISTRIAL DECLARED IN ADLER POT CASE

A Big Island judge declared a mistrial Wednesday after a jury was unable to
reach a verdict in the felony drug trial of Jonathan Adler.

Adler, 49, was charged with commercial promotion of marijuana and
possession of drug paraphernalia. If convicted, he could have been
sentenced to as many as 15 years in prison.

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 Aug. 25, 1998.

He said the marijuana was a sacrament in his Religion of Jesus 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 Circuit Judge Greg Nakamura declared the mistrial Wednesday
afternoon, prosecutors indicated that they intend to take Adler to trial again.

Adler was all smiles, anyway.

"I'm still innocent until proven guilty, a holder of a medical marijuana
card and the grower of some of the best buds on the planet," Adler told
reporters.

The jury, which began deliberations Monday afternoon, unanimously agreed
that prosecutors had proven that Adler committed the offenses. It was
deadlocked, however, over whether Adler had proven his religious defense.

The judge ordered Adler to return to court Sept. 14 to discuss setting a
new trial date.

Adler's attorney, Michael Glenn, said he hopes to work out an agreement
with prosecutors that would include combining the case with a pending trial
for eight new drug charges. Glenn wants both sides to stipulate that Adler
committed the offenses but that marijuana was an integral part of his
religion and that Adler was sincere about his religious beliefs.

If both sides agree, then the judge will decide the sole remaining issue -
whether Adler's religious rights are outweighed by any state interest in
preventing him from using marijuana.