DRUG SENTENCE PUTS ADLER OUT OF RACE

Gubernatorial candidate Jonathan Adler was sentenced to at least six months
in jail Wednesday for convictions on five drug charges.

The state's chief election officer said the felony convictions make Adler, a
Natural Law candidate, ineligible to hold office.

Adler, 50, was sentenced after being convicted of promoting a detrimental
drug, two counts of commercial promotion of marijuana and two counts of
possessing drug paraphernalia.

The charges stemmed from two incidents. The first, in 1998, followed a
marijuana eradication mission in which officers spotted marijuana growing on
Adler's property.

At a trial last year, Adler never denied growing the 82 marijuana plants and
seven seedlings or possessing the four smoking pipes that police found Aug.
25, 1998, at his Hawaiian Paradise Park home.

He said the marijuana was a sacrament in his church and, therefore, his
right to use it was protected by the Hawaii Constitution, which forbids the
government from passing laws that prohibit the free exercise of religion.

Adler also testified that he later obtained a state permit to use the drug
for medical reasons.

In that case, the jury was unable to reach a verdict. After Circuit Judge
Greg Nakamura declared a mistrial, Adler and the state agreed to several key
points, and to let the judge decide the remaining issues rather than go
through another jury trial.

Earlier this year, Nakamura determined that Adler "sincerely believed his
religion required the sacramental use of marijuana or cannabis" but found
him guilty, saying that Hawaii has a "compelling state interest" in
enforcing the drug laws.

The second set of charges against Adler were for a 1999 incident in which
Adler sold marijuana to an undercover police officer.

In that case, Adler pleaded guilty last week to a reduced number of counts
in a plea bargain in which prosecutors agreed to five years' probation for
all the charges in both incidents. Under terms of the agreement, prosecutors
were free to ask for a jail term as a condition of Adler's probation.

At a sentencing hearing Wednesday, Deputy Prosecutor Kevin Hashizaki asked
Nakamura to impose the maximum one - year jail term. "The defendant had an
ulterior motive for his possession," Hashizaki said. "He was in it to make
money."

Adler's lawyer in the 1998 case, Michael Glenn, called his client "a
casualty of the war on drugs" and argued for no jail time. "A year in jail
is more harmful to Rev. Adler than an ounce of marijuana," Glenn said.

Attorney Harry Eliason, who represented Adler in the 1999 case, suggested
that the judge sentence Adler to 60 days in jail but then "stay" the
sentence - or hold it in abeyance - as long as Adler complied with the terms
of his probation.

"Mr. Adler recognizes that he needs to continue his advocacy within the
confines of the law," Eliason said. "This plea agreement reflects that."

When Judge Nakamura gave Adler one last chance to address the court before
sentencing, Adler made a 45 - minute speech and occasionally broke down in
tears.

Adler said he "helped thousands" through his ministry in exchange for
donations. He told the judge he carefully researched the religious and
medical marijuana laws and never tried to hide what he was doing because he
believed it was legal.

"I was hoping for you to be proud of me, sir," he said.

After Adler's speech, Judge Nakamura sentenced him to five years' probation
and a year in jail. But he said after Adler serves six months, he would take
the remaining six months "under advisement."

Nakamura also ordered Adler to pay $2,350 in fines and fees but said he
won't have to start making payments until 30 days after his release from
jail.

The judge also ordered Adler to stay away from illegal drugs. He said he
would hold a hearing later to determine if Adler can use his medical
marijuana while on probation. "You are not to use marijuana for any purpose
for the immediate time," Nakamura said.

A state sheriff took Adler into custody immediately following his
sentencing. Earlier, Adler told the Tribune - Herald that he didn't pack a
toothbrush but had his "medicine" and a smoking pipe.