Adler insists marijuana
use is religious

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By Rod Thompson
rthompson@starbulletin.com

HILO >> Religious marijuana advocate Jonathan Adler testified yesterday about warning police during a 1998 raid on his home for marijuana that they were trespassing on a religious sanctuary.

Adler, 49, is on trial in Third Circuit Court for commercial promotion of marijuana and possession of drug paraphernalia. On the witness stand, Adler confirmed the 89 plants and four pipes found at his home south of Hilo were his.

The stalk of each plant had a tag on it saying the plant was for religious and medical purposes and that each was legal under Hawaii law HRS 712-1240.1, which permits a defense against prosecution if a person possesses marijuana "pursuant to a lawful prescription, or as a person otherwise authorized by law."

Adler says he is authorized by law because since 1974 he has had a state license to perform weddings, thereby recognizing that he is a minister.

In 1974, Adler attended a divinity school on Kauai, learning the teachings of the Religion of Jesus Church.

An important part of Adler's defense is that his church requires marijuana use, and courts have ruled that if the state limits his religion, it must do so in the least restrictive way possible.

Adler contends that complete prohibition is not the "least restrictive" way open to the state.

The prosecution contends Adler grew the 89 plants simply for money.