BIG ISLAND MARIJUANA CASE ENDS WITH HUNG JURY

The Jurors Could Not Agree On The Role Played By Religion

HILO -- A judge declared a mistrial yesterday in the marijuana case of
Jonathan Adler, charged with possessing 89 marijuana plants in 1998.

Judge Greg Nakamura declared the mistrial after the jury foreman said the
jury agreed that Adler was guilty of possessing the plants but could not
agree on the additional question of the sincerity of Adler's religious
beliefs.

Adler testified he has been a minister since 1974 in the Religion of Jesus
Church, which requires its members to smoke marijuana. He admitted growing
the plants but asserted a constitutional religious right to have them.

Jurors deliberated for a total of about 14 hours before declaring themselves
deadlocked. They left the court building without commenting on how many
believed Adler's sincerity and how many did not.

If jurors had unanimously decided that Adler was not sincere and that his
religion did not require the use of marijuana, the case would have ended
with the guilty verdict.

If they unanimously decided he was sincere and was required to use
marijuana, another phase of the trial would have been triggered.

The judge would have determined whether the state has a "compelling
interest" in limiting Adler's right to freedom of religion. The judge would
also determine whether total prohibition of marijuana is the "least
restrictive means" to satisfy the compelling interest.

Deputy Prosecutor Mel Fujino said he was fairly sure his office would retry
the case.

Nakamura set Sept. 14 for lawyers to meet to set a new trial date.

Defense attorney Michael Glenn said he was unsure whether he would represent
Adler in a retrial. He represented Adler in this trial "pro bono publico,"
meaning for free and for the public good, he said.

"It's not Mr. Adler's rights on trial," he said, "it's every American
citizen in this country's rights."

While the charge relating to the 89 plants remains unsettled, Adler is also
charged with a separate offense of possessing 55 plants in 1999 and
supplying marijuana to an undercover officer who posed as a person needing
marijuana for medical reasons.