MEDICAL POT GROWER GETS 30 DAYS

A Fern Acres man who told police that his marijuana was stolen during
a home invasion robbery has been sentenced to 30 days in jail for
growing the plants.

Hilo Circuit Judge Greg Nakamura also sentenced 44-year-old Dennis
Hill to five years probation. Hill will be allowed to serve his jail
time on weekends.

Hill told police that two masked men entered his home on June 16 after
kicking open the front door. Once inside, the robbers threatened Hill
with sticks and demanded money and marijuana. One of the men bound
Hill's wrists with duct tape, and, after finding Hill's marijuana
plants, cut and stole buds from five plants.

According to police, the robbers also made off with an unknown amount
of dried marijuana, as well as some cash and coins. Police issued a
press release on the home invasion but have not found the robbers.

Hill was later indicted for first-degree promotion of a detrimental
drug and possession of drug paraphernalia. Police found 41 plants
between 1 and 3 feet in height at his home.

Deputy Prosecutor Jeff Malate argued for a 90-day jail term, noting
that Hill has a prior drug conviction in California for which he
served 180 days. He added that Hill was also convicted for DUI in
Hawaii in 2001.

Hill's attorney, Deputy Public Defender Neilani Graham, argued for
house arrest instead of jail. She said Hill suffers from cyclic
vomiting syndrome, a disorder she described as physically debilitating
and socially isolating. She said her client was growing marijuana for
his own medical use, although he did so without a permit and grew more
than the allowed number of plants. She said that Hill has since
obtained medical marijuana certification and is now in compliance with
the law.

Hill submitted letters to the court from physicians verifying that he
has CVS and that marijuana is prescribed to treat the symptoms.

Thin and frail-looking, Hill walked with a cane and wore a black
bandage on his right knee, over his khaki trousers. While standing at
the defense table, his right hand shook occasionally as he clutched
his cane.

Nakamura said terms of probation include no use of cannabis, including
medicinal use. Hill asked him to reconsider, saying that marijuana use
has alleviated the nausea associated with his medical condition.

"Would you please allow me to use that, please?" Hill
pleaded.

"Right now, I'm not going to allow it," the judge replied. "I don't
mind looking at your medical marijuana usage (later) if that's
something your probation officer decides you can do, on the
recommendation of your doctors."

Graham said afterward she thought the sentence was
fair.

"I think Judge Nakamura was compassionate in detailing the sentence to
fit the circumstances, not only in the amount of jail given, but that
he made it intermittent so he can continue his treatment, and the fact
that he's even open to considering the medical marijuana usage if his
probation officer recommends it based on information from his
doctors," she said.

Malate was philosophical about the sentence.

"As far as the sentence imposed, I guess my only problem is that he
did have a criminal history of substance abuse," he said. "I was a
little skeptical, I guess, as to the medical marijuana component. But
he had the doctors' letters."