James Kimmel, 72, of Kula was warned by Circuit Judge Joseph Cardoza that he could face up to 30 years in prison, unless his appeal of Cardoza's earlier ruling succeeds.

Kimmel was arrested Feb. 22 at a Paia house where police said they found more than 2 pounds of processed marijuana. Kimmel has not denied using the drug, maintaining instead that he and others were using the marijuana as part of a service for the Religion of Jesus Church, which he founded in 1969 in Sonoma, Calif.

In July, Kimmel's defense attorney, Michael Glenn, moved to dismiss the charges on the First Amendment grounds of freedom of religion. But Cardoza denied the request, saying a marijuana-use requirement in Kimmel's church appeared to be designed to shield users from prosecution rather than serve as part of a religious belief.

Kimmel's appeal of Cardoza's ruling has not been decided.

Cardoza carefully questioned Kimmel about his understanding of the consequences of his plea. Normally, a no-contest plea precludes any further pretrial motions.

Since this is a conditional plea, an exception is made for the appeal, but otherwise, Cardoza told Kimmel, he'd be eligible for a 10-year sentence on the charge of commercial promotion of a dangerous drug, which could be doubled under extended sentencing guidelines.

The second charge of possessing paraphernalia associated with drug promotion could bring a five-year term, which again could be doubled.

Cardoza said he also could decide to make the sentences consecutive.

He asked Kimmel if he were under the influence of drugs or alcohol.

Kimmel said he had used only his heart medications. Cardoza asked if those affected his judgment.

"Maybe my memory," said Kimmel, who assured the judge that he was clear-headed Monday morning.

Cardoza ordered a pre-sentence report and scheduled sentencing for Nov. 6.

Two people arrested with Kimmel, James Greathouse and Liz O'Garvey, are awaiting their trials on drug charges.

Aside from the processed marijuana, police said they found 137 pot plants at the Ulumalu Place house in Paia.