MAN CLAIMS POLICE ILLEGALLY CONFISCATED HIS PAKALOLO

HILO -- The policy and procedures manual for the Hawaii County Police
Department includes six pages covering investigations involving the
medical and religious use of marijuana.

Local attorney Brian De Lima, who often represents drug defendants in
court, said he's never heard of police arresting registered medical
marijuana users if they're following the law.

"If people are in compliance with the medical marijuana law, they
aren't arrested, in my experience," De Lima said. "If they have too
many plants, they get arrested. If they're driving under the
influence, they're arrested."

But a Mountain View man claims those procedures, drafted in 2002, were
violated when vice officers arrested him and confiscated his marijuana
supply and money in 2007.

Michael Ruggles, 53, has filed a civil lawsuit against the county,
seeking $4.5 million for "monetary damages and personal duress." His
lawsuit names 10 county officials, but Ruggles lays special blame at
the feet of former vice officer John Weber.

"Officer John Weber did violate my constitutional rights by illegally
arresting me, charging me with a false crime and depriving me of my
medical marijuana and money," Ruggles wrote in an April 8 complaint.

Weber has since left the force and moved out of state. Ruggles called
the vice officer a "rogue cop," and said he has about 30 declarations
written by other marijuana users about Weber's actions.

The Hawaii County Police Department administration did not return a
telephone call Friday seeking information on whether Weber left the
force of his own accord. Prosecuting Attorney Jay Kimura also didn't
return a phone call seeking comment on medical marijuana
prosecutions.

County prosecutors in court documents contend Ruggles had more than
the "adequate supply" allowed by state law of no more than three
mature marijuana plants, four immature marijuana plants, and one ounce
of usable marijuana per each mature plant.

Users having more than the amount allowed by state law are subject to
having the entire supply confiscated by county police under the
county's procedures manual.

In addition, the county manual states the medical use authorization
doesn't apply to the medical use of marijuana "that endangers the
health or well-being of another person; in a school bus, public bus or
any moving vehicle; in the workplace of one's employment; on any
school grounds; at any public park, public beach, public recreation
center, recreation or youth center; or any other place open to the
public."

"The medical marijuana law places a substantial burden on law
enforcement officers to anticipate potential medical use claims in the
initial stages of the investigation," the manual concludes.

But Judge Glenn Hara said in a Nov. 3 hearing that "the court's
position in terms of probable cause in marijuana right now, even with
the medical marijuana certificate is even if there is one plant and
even if there is a valid medical marijuana certificate, there is
probable cause to get the search done," according to a transcript
provided by Ruggles. "My ruling is basically if you've got one permit
and one plant, that's enough to get a search warrant."

Ruggles, who said he's had a medical marijuana card for five years for
arthritis and gout, faces an Aug. 9 trial on the drug charge. He said
prosecutors offered him a "sweet deal" of a maximum of 30 days, but he
declined it because he wants to bring public awareness to the county's
marijuana policies, especially in light of the 2008 ballot initiative
making marijuana the lowest law enforcement priority for the county.

"I wasn't one plant over. They like to put their thumb on the scale of
justice," Ruggles said. "I'm going to try to prove it with a County of
Hawaii jury."

It's not the first time Ruggles has been arrested for pot possession.
Before getting his medical marijuana card, he pleaded no contest to
several charges and served six months of work release.

The first hearing on the civil case is scheduled for May 19. Hara at
that hearing will consider a motion to dismiss the case by Deputy
Corporation Counsel Michael Udovic.

Ruggles is acting as his own attorney. The first complaint in the
case, filed Oct. 8, was handwritten on lined notebook paper and he
sought $1 million in damages. His April 8 amended complaint was
typewritten and the price went up to $4.5 million.

"The complaint filed by plaintiff Michael Doyle Ruggles fails to
follow the rules of pleading and is so vague and ambiguous that a
responsive pleading can't be filed at this time," Udovic said in a
court filing Thursday. He couldn't be reached for further comment.