ADLER INSISTS MARIJUANA USE IS RELIGIOUS

HILO) Religious marijuana advocate Jonathan Adler testified yesterday about
warning police during a 1998 raid on his home for marijuana that they were
trespassing on a religious sanctuary.

Adler, 49, is on trial in Third Circuit Court for commercial promotion of
marijuana and possession of drug paraphernalia. On the witness stand, Adler
confirmed the 89 plants and four pipes found at his home south of Hilo were
his.

The stalk of each plant had a tag on it saying the plant was for religious
and medical purposes and that each was legal under Hawaii law HRS
712-1240.1, which permits a defense against prosecution if a person
possesses marijuana "pursuant to a lawful prescription, or as a person
otherwise authorized by law."

Adler says he is authorized by law because since 1974 he has had a state
license to perform weddings, thereby recognizing that he is a minister.

In 1974, Adler attended a divinity school on Kauai, learning the teachings
of the Religion of Jesus Church.

An important part of Adler's defense is that his church requires marijuana
use, and courts have ruled that if the state limits his religion, it must
do so in the least restrictive way possible.

Adler contends that complete prohibition is not the "least restrictive" way
open to the state.

The prosecution contends Adler grew the 89 plants simply for money.