Drug Sentence Puts Adler Out of Race 

Drug Sentence Puts Adler Out of Race 
Posted by CN Staff on September 06, 2002 at 12:39:02 PT
By Chris Loos, Tribune-Herald
Source: Hawaii-Tribune Herald 
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.Source: Hawaii-Tribune Herald (HI)Author: Chris Loos, Tribune-HeraldPublished: September 5, 2002Copyright: 2002 Hawaii Tribune HeraldWebsite: editor hawaiitribune-herald.comRelated Articles & Web Site:Hawaii Medical Marijuana Institutehttp://www.medijuana.comAdler Hopes Law’s Wording Keeps Him in Race Return Marijuana to Candidate To Return Pot - Again Hopeful Wins His Pot Back 
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Comment #2 posted by CongressmanSuet on September 06, 2002 at 17:20:16 PT
Oh, and dddd....
 I think its only fair to tell you I will be bringing my Border Collie "Stella Blue" with us, is there maybe an extra dish for her someplace? She has the nicest coat since I started putting all my seeds in her food...
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Comment #1 posted by CongressmanSuet on September 06, 2002 at 16:35:18 PT
Im afraid for all of us....
  Jonathan Adler was a very honorable man, and I can only hope that "the powers that be" dont get some kind of uplift from this ruling and further attack Roger Christie, another of our hardworking brethren from Hawaii. Roger, if you are reading, THANK YOU for the "sanctuary certificate" while I may not be able to use it successfully in a defense here in the land of the pee and the ignorant, I still look to it daily for some semblance of hope. It has an uplifting power to it. And NO plant or stash of mine travels without a certificate. I carry my religious freedom card proudly, and have shocked more than one person with it. Seems, we , while being on the front burner of the DEAths list, are not a priority of the idiots who reside here, the people-sheeple. They, for the most part, are just IGNORANT. It gets tiring being what seems to be the only dissenting voice, If I mention medical M to most people, they kinda agree, but arent sure, they are totally IGNORANT. If it doesnt personally effect them, they dont care. When my wife finishes Nursing school, Im headed to Vancouver. We only have so much time on this earth, why waste it residing with cretins. dddd, if it isnt asking too much, could I sleep on your couch for a day or two on my way to B.C.?
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