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Marijuana case
nets probation


Associated Press

WAILUKU >> An elderly Maui man with a state permit for medical use of marijuana has received five years' probation for growing nearly 30 cannabis plants.

Gordon Joseph Akina, 65, must forfeit his permit and undergo drug treatment, after pleading no contest to first-degree promotion of a detrimental drug and prohibited acts relating to drug paraphernalia in two separate cases.

"I hope you learned something from this process," Circuit Judge Shackley Raffetto said at Thursday's sentencing. "You could have easily had 20 years in prison."

Deputy Prosecutor Peter Hanano said that on April 6, 2000, police recovered the marijuana plants from around Akina's Kaupo home. Hanano said Akina did not have a certificate to smoke marijuana for medical reasons at the time he was arrested and charged with growing the plants, but he subsequently obtained one.

It was not clear what health problem necessitated Akina's use of marijuana, though he told the court he needed the weed to help ease his pain so he could work.

"The marijuana relaxes me," he said.

Hanano said Akina "has a serious drug problem."

In 1997, Akina was charged with possession of drug paraphernalia.

Hawaii and seven other states -- Alaska, Arizona, California, Colorado, Maine, Oregon and Washington -- allow the sick to receive, possess, grow or smoke marijuana for medical purposes without fear of state prosecution.



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