Posted on: Wednesday, December 1, 2004

Big Island pays $30,000 to medical marijuana users to settle arrest suit

Associated Press

KAILUA, KONA, Hawai'i — Two Big Island medical marijuana users have received $30,000 from Hawai'i County in a settlement of a wrongful arrest lawsuit.

John and Rhonda Robison, along with their houseguest, Kealoha Wells, were arrested in July 2002 after marijuana was discovered growing in a greenhouse at their Kailua, Kona home.

Rhonda Robison said she is certified to use marijuana for a form of muscular dystrophy while her husband uses it as follow-up treatment for leukemia. Wells used it while receiving treatment for leukemia.

State law allows patients with state medical marijuana cards to have three mature and four immature marijuana plants each, plus three ounces of dried marijuana each.

During the arrest, police seized 20 plants, one less than the Robisons and Wells were allowed in total, and one ounce of dried marijuana.

The Robisons and Wells were released without charges. Police returned their dried marijuana to them but refused to return the plants because of a disagreement about when a plant is mature.

Wells originally joined the Robisons in the lawsuit but later dropped out because she felt it was causing added stress that she did not want to endure while fighting cancer.

Meanwhile, the Robisons continue to grow and use medical marijuana. "We have not had any problems," Rhonda Robison said.

The Robisons received the check on Monday following court approval of the settlement.

The settlement comes as U.S. Supreme Court justices are ruling on the power of federal agents to go after sick people who use homegrown cannabis with their doctors' permission and their states' approval.

Hawai'i and 10 other states have passed medical marijuana laws since 1996 including California, Alaska, Arizona, Colorado, Maine, Montana, Nevada, Oregon, Vermont and Washington.