StarBulletin.com

Pot growers hid behind medical law, police say


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POSTED: Saturday, November 15, 2008

WAILUKU » Maui County police said seven Maui residents arrested this week were part of a marijuana drug-trafficking ring that used Hawaii's medical marijuana laws as a front for their operation.

But the alleged leader of the ring said he is innocent and that the arrests were in retaliation for him filing a lawsuit against Maui Police Chief Tom Phillips and his department on Oct. 31, asking for the return of seized marijuana and money.

“;I poked a shark in the eye,”; said Brian Murphy, director of the Paia-based Patients Without Time.

In announcing the arrests this week, police said law enforcement officers seized 335 marijuana plants along with 2,300 grams of processed marijuana, 4,830 grams of unprocessed marijuana, 32 grams of hashish, 100 marijuana-laced candies, a vehicle, $14,085 in cash and drug paraphernalia associated with marijuana growing and distribution.

Murphy said the marijuana and money were seized by police last December and January. He said the money had been collected from more than 300 qualified members to be used to purchase medical marijuana and that the marijuana seized was intended for them. “;We don't make a profit from the pot,”; he said.

Murphy said he complained to police about a robbery of his home last November that left him pistol-whipped and requiring medical treatment. But instead of investigating and finding the robbers, police investigated him, he said.

Maui County Deputy Police Chief Gary Yabuta said the Police Department has no personal vendetta against anyone.

“;We're not picking on anybody, except those who are doing things unlawfully,”; he said.

Yabuta said Murphy's allegation that the police would ignore a robbery investigation was “;outrageous.”;

Police have alleged that Murphy's group abused the medical marijuana laws to make a profit and helped people to get high.

Police Capt. Gerald Matsunaga said that under the state law, a physician may make a recommendation for marijuana use for a patient facing a debilitating disease. Matsunaga said the law allows a patient to have only seven marijuana plants, including three mature plants, and to possess only up to three ounces of marijuana.

Murphy, 53, was indicted on 13 charges, including first-degree promotion of a detrimental drug and first-degree promotion of a harmful drug, both felonies punishable by up to 20 years in prison.

Brian Igersheim, 31, of Makawao was indicted on 15 charges, including three counts of first-degree promotion of a detrimental drug and two counts of first-degree promotion of a harmful drug.

William “;Bill”; Cox, 48, was indicted on five charges, including two counts of first-degree promotion of a detrimental drug. Stuart Hirotsu, 48, was indicted on seven charges, including two counts of first-degree promotion of harmful drugs.

Murphy, Igersheim, Cox and Hirotsu pleaded not guilty Wednesday. Their trial is set for Feb. 2 before Maui Circuit Judge Joseph Cardoza.

Also indicted were Robert “;Bobby”; Armitage, 58, of Wailuku; Douglas Kaleikini Sr., 54 of Wailuku; and John Cooper, 40, of Kihei. All seven defendants were charged with criminal conspiracy.