Big Island pays $5,000 in marijuana settlement

By Kevin Dayton
Advertiser Big Island Bureau

HILO, Hawai'i — County officials paid $5,000 to settle a lawsuit by a man who uses cannabis under the state's medical marijuana law after Big Island police seized some of the man's plants in a raid.

Guy Shepard, 61, sued the county after the July 18, 2002, raid last year, saying police had no right to take the plants.

Shepard said Monday that police rappelled from a helicopter into his yard at Leilani Estates in Puna and cut down three of his seven marijuana plants. When Shepard showed an officer proof he is registered with the state to use marijuana, she put one of the plants back, but took two with her.

"The woman cop said, 'We're taking these two, because it's against the law to have them, and against the law to give them back to you,' " Shepard said. "I freaked out. I called the police to report a theft."

Jack Schweigert, Shepard's lawyer, said state rules allowed Shepard to have seven plants, including no more than three mature plants.

Police said Shepard had five mature plants, and therefore took two. Schweigert contends that police erred, that none of the plants was actually mature.

Schweigert said the settlement is the first of its kind in Hawai'i, and called the decision to settle "noble."

"It's important that you can rise above your prejudice and recognize that a guy is treating his problem in a way that works," Schweigert said.

Deputy Corporation Counsel Joseph Kamelamela said the county agreed to settle the case because there was a question as to whether police should have obtained a search warrant before seizing the plants. "I believe the officer did what she believed was appropriate, and I've never wavered from that, but you never know how the jury's going to look at this kind of stuff," Kamelamela said.

The settlement was reached last week.

Reach Kevin Dayton at kdayton@honoluluadvertiser.com or (808) 935-3916.