Tuesday, March 12, 2013
Hawaii Supreme Court to decide whether a medical marijuana user can be stopped at the airport for carrying his medicine
by Larry Geller
Oral arguments will be heard by the Hawaii Supreme Court on Thursday in a case related to whether a person can be arrested for “promoting a detrimental drug” if he is carrying a valid medical marijuana certificate in addition to the weed.
The case is SCWC-11-0000097 and will be heard on Thursday, March 14, 2013, at 9:30 a.m., but not in the usual courtroom. Instead, the case will held at the Moot Courtroom at the William S. Richardson School of Law at UH Manoa.
From the Supreme Court website, a brief description:
Petitioner/Defendant-Appellant Geoffrey Woodhall (“Woodhall”) was charged with, and convicted of, Promoting a Detrimental Drug in the Third Degree, in violation of Hawai`i Revised Statutes (“HRS”) 712-1249(1) after he was stopped at Kona International Airport with 2.12 grams of marijuana and a valid medical marijuana certificate.
Woodhall raised a medical-use-of-marijuana defense under HRS § 712-1240.1(2)(1993 & Supp. 2000), which provides, “It is an affirmative defense to prosecution for any marijuana-related offense defined in this part that the person who possessed or distributed the marijuana was authorized to possess or distribute the marijuana for medical purposes pursuant to part IX of chapter 329 (Hawai`i’s “Medical Use of Marijuana” provisions).”
There’s more to the case than the above. For a more complete description, see the Supreme Court website.
freakin 2 grams?! and a VALID MJ certificate!?
those pressing this charge should be charged with gov intimidation of a legal, 2 years in jail for such an offense.
I think the charge is valid. It is a known fact terrorist who wish to hijack airplanes all carry valid medical marijuana certificates. :/
HE WON!!! May 31, 2013: The Hawaii Supreme Court has overturned the conviction of a Hawaii island medical marijuana user who was found with a small amount of cannabis at Kona Airport. Judgement is here: http://www.courts.state.hi.us/docs/opin_ord/sct/2013/May/SCWC-11-0000097.pdf