KONA POLICE RETURN CONFISCATED PAKALOLO

It Had Been Taken From 3 Approved Users Of Medical Marijuana

KAILUA-KONA) Kona police have returned 1.5 ounces of marijuana to three
state-approved medical marijuana users after confiscating the substance
from them last week.

In a room at the main Kealakehe station yesterday, a police officer
returned the marijuana belonging to John and Rhonda Robison and their house
guest, Kea Wells.

But police say an investigation is continuing and charges are still possible.

Honolulu attorney Jack Schweigert, who represents the three, said this is
the first instance in Hawaii of police returning marijuana to people.

"I'm happy for them," Schweigert said. "They were really sick."

The Rev. Dennis Shields, who is pastor for the three and whose ministry
includes the use of marijuana, said he believes this is the first instance
in the nation of police returning marijuana to people.

Wells is under treatment for leukemia and recently received radiation and
chemotherapy. Schweigert said she was vomiting repeatedly over the weekend
because she lacked marijuana, which helps people tolerate chemotherapy.

John Robison was diagnosed with leukemia 10 years ago and attributes his
long-term survival to anti-cancer properties of substances in marijuana.
Rhonda Robison uses marijuana to treat pain from a form of muscular dystrophy.

All three have state medical marijuana certificates that allow them to have
up to three mature and four immature marijuana plants each, plus one ounce
of dried marijuana each.

Police searched their home July 8, seized their marijuana, arrested and
held them for eight hours before releasing them without charges.

Vice Lt. Robert Hickcox said the dried marijuana was returned yesterday
because the total seized by police, 1.5 ounces, was less than the total of
3 ounces that the three were allowed to have.

Hickcox said the decision to return the marijuana was made after police
consulted with the Narcotics Enforcement Division of the state Department
of Public Safety and the Hawaii County Prosecutor's Office.

Police also seized 20 plants, one fewer than the total of 21 the three were
allowed to have, he said.

The plants were not returned because 11 were mature, but the three medical
marijuana users are allowed to have no more than a total of nine mature
plants, according to Hickcox.

Shields said he was at the Robison home the night before the police search
and only one of the 20 plants was mature, as evidenced by the presence of
flowers or buds on the plants.