MEDICAL MARIJUANA DEFENDANTS SUE POLICE

The Suit Contends The Big Isle Officers Lacked Probable Cause

HILO - Three Kona residents have sued Kona police officers for false
arrest, alleging that police did not have probable cause when they
apprehended the medical marijuana users earlier this month.

Attorney Jack Schweigert filed the suit in Kona Circuit Court this week on
behalf of Kealoha Wells and John and Rhonda Robison, who have state permits
to use marijuana as medicine.

Police arrested the three July 8. Police are seen on a videotape of the
arrest, made by Rhonda Robison, saying the medical supplies of the three
must be "definitively separated" from each other.

State officials later said there is no legal requirement for separating
medical marijuana supplies. Police then said Wells and the Robisons are
under investigation for having more mature plants than allowed by law. The
three were released without charges.

The lawsuit names as defendants officer Mark Farias, others identified only
as John and Jane Does and "Doe Partnerships and Corporations" but does not
name Hawaii County or the Police Department. The suit says the arrests were
done "without probable cause" but does not give details.

In a separate matter, residents of Puna Beach Palisades subdivision on the
other side of the island yesterday delivered a petition to county officials
asking police to limit the use of helicopters for marijuana eradication.
The 47 signers, about 90 percent of the residents in Palisades, objected to
helicopters landing on a private lot last Thursday. The signers ask that if
officers conduct a further "incursion" in the subdivision that it be done
"on the ground."

Police Capt. James Day said, "We're going to continue doing what we're
doing now."