COURT CURTAILS MEDICAL MARIJUANA

A Puna man who sells "medical" marijuana claims he is exempt from a
U.S. Supreme Court interpretation of a federal law classifying the
drug as illegal with no exception for ill patients.

Jonathan Adler said he is a state - registered minister of the
Religion of Jesus Church which requires the use of marijuana to
"elevate spiritual receptivity and for use in worship, prayer and healing."

According to Adler, preventing him from using and selling marijuana
would be an infringement of his First Amendment right which guarantees
the establishment and exercise of religion.

The high court on Monday unanimously ruled a federal law classifying
marijuana as an illegal drug has no exception for ill patients. The
action does not strike down state laws allowing medical use of
marijuana, but could leave those who distribute it for medicinal
purposes open for prosecution.

But as of Monday, Adler's Hawaii Medical Marijuana Institute and
Cannabis Club is still selling "medical marijuana" on - line for $20 a
gram or $9,080 a pound. In addition, he has ads in local newspapers
offering the product, and said he has "helped hundreds of people" with
his product.

The high court ruling is a major disappointment to many sufferers of
AIDS, cancer, multiple sclerosis and other illnesses. They have said
smoking marijuana helps enormously in combating the devastating
effects of their diseases.

But Adler said the decision does not apply to him and said it would be
against the law for him not to offer marijuana to sick and suffering
people. "If you see someone hurt on the side of the road and you don't
help, you're guilty," he said.

Associate Justice Clarence Thomas, who wrote for the unanimous court,
said "the Controlled Substances Act reflects a determination that
marijuana has no medical benefits worthy of an exception (outside the
confines of a government - approved research project)."

Thomas noted the act states marijuana has "no currently accepted
medical use."

But Adler said the Supreme Court ruling exposes the federal
government's insensitivity to those suffering from debilitating and
terminal illnesses.

"We're the only ones willing to legally and publicly supply the
medical needs of sick and suffering patients," Adler said. "And I'd
like to add that it is an honor and a privilege to assist people in
need."

Adler said he does not know what the reaction of the law enforcement
officials will be, but added "the only crimes being committed are
those by the police who are attacking my church."

Asst. Chief Wendell Paiva of the Hawaii County Police Department said
the department is taking a "wait and see" attitude. "We'll have to see
what develops both at the state level and nationally," he said.

U.S. Attorney Elliott Enoki could not be reached for
comment.

While the court was unanimous in its decision, Justice John Paul
Stevens was joined by Justices David Souter and Ruth Bader Ginsburg in
saying the court majority went too far.

It should have left open the possibility that an individual could
raise a medical necessity defense, especially a patient "for whom
there is no alternative means of avoiding starvation or extraordinary
suffering," Stevens said.

He said the ruling could lead to friction between the federal
government and states that have passed medical marijuana laws.

Voters in Arizona, Alaska, California, Colorado, Maine, Nevada, Oregon
and Washington have approved ballot initiatives allowing the use of
medical marijuana. In Hawaii, the Legislature passed a similar law and
Gov. Ben Cayetano signed it last year.

Under Hawaii law, doctors can obtain a registration certificate for
patients to use marijuana to ease pain caused by debilitating
diseases. State officials had been allowing certified patients to
possess up to three ounces of marijuana and to grow up to seven plants.

County Prosecutor Jay Kimura said he has not seen the Supreme Court
decision, but said his office warned the Legislature prior to the
law's enactment their actions were subject to federal law.

Kimura said the Hawaii law does not speak about the supplier, but
police will contact the Department of Public Safety if a person caught
with marijuana claims they are a registered use.

Simple possession of marijuana in Hawaii is a petty misdemeanor
punishable by as much as a $1,000 fine and 30 days in jail.

Possession of a pound or more or 25 plants or selling in any amount is
a class C felony punishable by five years in jail and a $5,000 fine.
Stiffer fines and jail terms come with possession of more marijuana or
plants.