Religion complicates
Hilo drug trial

The judge must decide if
there is a constitutional issue

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By Rod Thompson
rthompson@starbulletin.com

HILO >> Jonathan Adler, 49, former Big Island mayoral candidate, would-be 2002 gubernatorial candidate and marijuana advocate, admits he grew and possessed 89 marijuana plants in 1998.

Adler's trial for commercial promotion of marijuana began yesterday with Deputy Prosecutor Kevin Hashizaki telling a jury that Adler grew the plants for money.

Adler's attorney, Michael Glenn, told the jury that Adler grew the plants for use in his religion. Adler is protected by the religious freedom clause of the U.S. Constitution, Glenn said.

Drug business or religious sacrament? Some aspects of the question are so complicated that the two sides plan a meeting with Circuit Judge Greg Nakamura today to decide how to conduct parts of the trial.

For Hashizaki, the issue is clear. In 1999, Adler told a secretary in the prosecutor's office that he wanted $89,000 for the 89 plants confiscated by police.

Glenn paints a more complicated picture. First, the prosecution must refute -- but can't, Glenn said -- that Adler is a sincere minister in a real religion, called the Religion of Jesus Church.

For example, Adler has performed state-approved wedding ceremonies, Glenn said.

"It's not some scam created by some hippies," he said.

If the prosecution is unable to refute Adler's sincerity, then the prosecution must show that the state has a "compelling interest" in restricting Adler's religious practices, Glenn said. Furthermore, he said, the state has to use the least restrictive means of limiting those practices.

If state law doesn't meet those tests, Adler's constitutional protection remains intact, Glenn said.

It will be up to Nakamura to decide what testimony the jury will hear. The issue will be discussed at today's meeting.