KONA POLICE RETURN MEDICAL MARIJUANA TO PATIENTS

Kona police have returned 1 1/2 ounces of processed marijuana to three
people who hold state permits to possess marijuana for medical purposes.

Honolulu attorney Jack Schweigert, who represents the three, says this is
the first instance in Hawaii of police returning marijuana to users or
growers.

But 20 marijuana plants that were seized July 8 from the trio at a home in
Kalaoa, North Kona, were not returned. Police said 11 of the plants were
mature - two more than allowed for three people under the medical marijuana
law.

The investigation was continuing and police say charges are still possible
against John and Rhonda Robison and their house guest, Kealoha Wells.

The Robisons and Wells were arrested and held for eight hours earlier this
month before they were released without charges. John Robison and Wells have
leukemia and Rhonda Robison has a form of muscular dystrophy.

Police Lt. Robert Hickcox said the marijuana was returned after
consultations with the Narcotics Enforcement Division of the state
Department of Public Safety and the Hawaii County prosecutor's office.

The medical marijuana law allows individuals to possess one ounce of
processed marijuana and seven marijuana plants, including no more than three
mature plants.

Hickcox said the dried marijuana was returned because it was under the three
ounces total the three were allowed.

However, 11 of the plants showed signs of flowering, which under the law
constitutes "mature" plants, he said.

Rhonda Robison told the Tribune - Herald that one of the 11 plants would
have been ready for harvesting within two weeks. The other 10 were in the
"very early flowering stage" and therefore had significantly less potency,
she said.

The remaining plants seized were seedlings, she said.

Hickcox said the law makes no distinction between degrees of ripeness.

"We're going according to the definition," he said. "It doesn't say ready
for harvesting."

Robison said the marijuana was returned to them in a brown paper bag at the
Kona police station. She said the three appreciated the return of the dried
marijuana.

"It was very nice of them to do that for us - it's something we need," she
said. But the loss of the plants was hard, she said, because the three were
trying to establish a steady source of pot. She said a friend has since
donated three more plants to them.

Robison said the law needs to be amended to accurately reflect the "botany"
of marijuana plants.

Hickcox declined to comment on that aspect of the law.

"It's not for me to say," he said.

"I understand where they're coming from," he said. "We're not against their
growing marijuana per se, they just need to stay within the guidelines."

According to Rhonda Robison, police told them at the time of their arrest
that there would have been no arrests if each person's supply had been
separated from the others or if each plant had been labeled with the owner's
name.

State Public Safety Director Ted Sakai, however, said earlier there is no
requirement for separate storage or labeling of plants when more than one
medical user lives in a house.

Hickcox said Wednesday that while the three were advised to keep the plants
marked or separate, it's not a legal requirement.

"It's not written into the law," he said.

He said the raid on the Kalaoa home was the result of a "citizen complaint."
He said police officers following up on the complaint observed a number of
plants that appeared to exceed the quantity allowed.

Hickcox said the plants will be kept as evidence. He said it will be up to
county prosecutors to decide if the three will be charged with any crimes.

Hickcox said he believes this is the first test of its kind in the state of
the medical marijuana law approved in 2000.

Hawaii was the first state to establish such a law legislatively; eight
other states have approved medical marijuana laws through voter initiatives,
according to the National Organization for the Reform of Marijuana Laws.