The Hawaii THC Ministry Raid

[Telarus]

I'd like to get some opinions on this. Roger Christie and 13 members of his ministry have been arrested by the Feds.

Last fall, the citizens of the County of Hawaii (the island) passed a resolution declaring Cannabis possession the lowest law-enforcement priority (and trust me, it is. Ice is the serious problem back home), which, along with the State MMJ law allows personal possession of up to 24 plants.

Roger has a sincere religious ministry based around the Tree-Of-Life metaphor and biblical scripture. He has been operating openly in Hawaii for about 10 years. He has a legitimate claim under federal RFRA and similar federal protections. The Feds are pissed because he organized his ministry around the idea that a member can grow more than they personally need (max 24 plants... most of these people have MMJ cards), and donate their excess to the ministry. In return, at some later date, the ministry will make a monetary donation to their family.

He has been the only open (operated from a storefront in Hilo) non-black-market supplier on the Big Island (collectives and/or dispensaries aren't quite legal yet), and one of the only places that sick and elderly patients can go to without fear of prohibition driven black-market violence.

This (along with Roger's message that Cannabis has been involved in nearly every world-wide religious practice) has seriously pissed the feds off. They want to make "an example" of him. He has so far been denied bail (the other 13 church members have been granted bail), and they all have qualified for the Public Defender (meaning all of them do not have the monetary resources for private attorneys and qualify for a court appointed attorney). The only reason the Feds can come up with to deny him bail is "he might start selling cannabis again", and that this is sufficient "possible harm to the community" that he has been denied something that even some people accused of murder receive (yeah, they got a Judge that went along with that). He even signed an agreement with a bailbondsman agency that promised not to use or associate with the Herb while the trial is underway. The Judge blew that off.

Anyway, here's a link to a current story:

http://www.staradvertiser.com/news/breaking/98642399.html

[BabylonHoruv]

I am bewildered by the fact that this is in the papers but the ministry site doesn't have any mention of it and nobody seems to be organizing a letter drive or anything on his behalf.

[Telarus]

Most of the local friends and family are seriously cowed by the Fed's actions (they shipped all 14 arestees to Oahu in a Military cargo plane, and confiscated theiir IDs so they couldn't get back to the big island until the Feds were done ripping up carpet). Oh, and because one of the local news papers posted names and addresses, one guy came home to an apartment ransacked by federal agents, _and then local thieves_!

I'm on a list of Cannabis based religious groups and we're working on a letter campaign.

Edit:: Also, most of the action has been on their forum - http://www.thc-ministry.org/forum/

[Cramulus]

ugh this is disgusting.

those poor people! 

[Telarus]

Related~

Rastafarian Temple gets Raided with NO WARRANT (luckily, while they tore apart his video surveillance system, they were too dumb to grab the hard drives):

NJ Weedman's Liberty Bell Temple II, Inc.
Raided by the LAPD
NJ Weedman to File Lawsuit in Federal Court


Celebrity Attorney Bruce Margolin to Seek Justice on Ed Forchion's Behalf

On Wednesday, July 14, 2010,  Ed Forchion aka NJ Weedman reports he was robbed at gunpoint by the Los Angeles Police Department in his Liberty Bell Temple.  The Liberty Bell Temple, located at 5642 Hollywood Blvd, is a Rastafarian Temple that services the needs of the local medical marijuana community.  Not listed among a posting of medical marijuana dispensaries subject to recent closure, Forchion states he was falsely charged with a misdemeanor city code (LAMC - 45.19.6.7) for failing to cease operations.  Noting that nothing in the code calls for a seizure of property, Forchion notes that the LAPD confiscated three pounds of medical marijuana, almost $7,000 of supplies and all the cash on the premises.  The Temple staff was handcuffed and Forchion, alongside his partner, Shermonique Leyou, were arrested and jailed.

Forchions contents that he isnt a medical marijuana dispensory but instead a incorporated Rastafarian Temple - a religious organization, with a mission statement to help medical marijuana patients obtain thier "natural herb".  This COPPERY was designed to put our Rastafarian Temple out of existance. Im just happy none of us was shot Forchion say's, "If its legal for the city to chose 170 dispensories to "provide medical marijuana" for sectarian values why is it illegal, wrong or in this case "in violation of a city code" for us to "provide marijuana spiritually". In fact there is a great U.S. Federal Court case that begun in New Jersey that I'm aware of that say's exactly that - If a law allows secular exemptions, governments must have a compelling reason for  refusing religious exemptions. Lukumi, U.S. at 537. Thus , where a rule requiring  police officers to be clean-shaven had an exemption for medically motivated beards. Lukumi required an exception for religiously motivated beards. See Fraternal Order of Police v. City of Newark  170 F. 3d 359, 366 (3rd Cir. ) cert denied 120 S. Ct. 56 ( 1999)

If the city was serving The Liberty Bell Temple on a municipal code violation why did they also "seize the medical/spiritual marijuana and cash, amongst other things" without the constitutionally garantueed due process of a valid search warrant. Still now a week later the Police have not provided the Temple with a search warrant nor the affivadit required to obtain one. If we were a 7-11, Rite Aid, scientogoly center, synagogue, or christian church the city would not send battle-dressed cops with battering rams and shotguns to serve it. No cop or police agency would dare seize the 7-11's (southland corporations) product or cash. There was no need to send a squad of cops some city process server could have delivered this citation/summons, the u.s mail could have had me sign for it. This was straight militarized ROBBERY by COP, under the guise of this new city ordianance.

SEE VIDEO OF UNDERCOVER COPS - http://www.vimeo.com/13441526
SEE VIDEO OF COP - ROBBERY here:  http://www.vimeo.com/13428078

[Cramulus]

A good AWS project would be to repost these articles, but change references to marijuana to more mainstream prescription drugs. Then at the end, there's a link to the real article.

[AFK]

I'd like to get some opinions on this. Roger Christie and 13 members of his ministry have been arrested by the Feds.

Last fall, the citizens of the County of Hawaii (the island) passed a resolution declaring Cannabis possession the lowest law-enforcement priority (and trust me, it is. Ice is the serious problem back home), which, along with the State MMJ law allows personal possession of up to 24 plants.

Roger has a sincere religious ministry based around the Tree-Of-Life metaphor and biblical scripture. He has been operating openly in Hawaii for about 10 years. He has a legitimate claim under federal RFRA and similar federal protections. The Feds are pissed because he organized his ministry around the idea that a member can grow more than they personally need (max 24 plants... most of these people have MMJ cards), and donate their excess to the ministry. In return, at some later date, the ministry will make a monetary donation to their family.

He has been the only open (operated from a storefront in Hilo) non-black-market supplier on the Big Island (collectives and/or dispensaries aren't quite legal yet), and one of the only places that sick and elderly patients can go to without fear of prohibition driven black-market violence.

This (along with Roger's message that Cannabis has been involved in nearly every world-wide religious practice) has seriously pissed the feds off. They want to make "an example" of him. He has so far been denied bail (the other 13 church members have been granted bail), and they all have qualified for the Public Defender (meaning all of them do not have the monetary resources for private attorneys and qualify for a court appointed attorney). The only reason the Feds can come up with to deny him bail is "he might start selling cannabis again", and that this is sufficient "possible harm to the community" that he has been denied something that even some people accused of murder receive (yeah, they got a Judge that went along with that). He even signed an agreement with a bailbondsman agency that promised not to use or associate with the Herb while the trial is underway. The Judge blew that off.

Anyway, here's a link to a current story:

http://www.staradvertiser.com/news/breaking/98642399.html

So how many plants is this church receiving from members?  Is it exceeding the 24 allowable under the law?  And does the church qualify as an individual, capable of possessing the plants? 

[Telarus]

Those are excellent and pertinent questions (thanks RWHN). I'm keeping up with the court filings and I'll post when I can get that info.

[Doktor Howl]

This is what the American public has been screaming for since 1980.

Now they have it.  I hope it makes them very, very happy.

[AFK]

A good AWS project would be to repost these articles, but change references to marijuana to more mainstream prescription drugs. Then at the end, there's a link to the real article.

Honestly, I don't think you need to do that.  My sense is that the whole medical marijuana idea is gaining traction in many parts of the country.  I think if law enforcement overreaches and intercepts legitimate medical marijuana dispensaries, the public (at least in the areas with the medical marijuana laws), will be on the side of the dispensaries. 

To me, there are questions in the first article that unanswered does look like there was reasonable cause to search the place.  If the law says you can have up to 24 plants, and people are growing 50 plants and shipping the extra 26 to some other location, that does look suspicious, unless, the location has some kind of documentation that states the State has sanctioned it. 

The only other hesitancy I would have in an AWS project with this is the approach with law enforcement.  Particularly the second article paints a picture of police officers that is not universal.  A local project would be one thing, but spread beyond the site of the incident, it may serve to propagate an idea that isn't entirely accurate.   

[Cramulus]

the intent would be to get an emotional reaction out of people who normally brush off medical marijuana as a stoner issue. Then they click to find out more, and their normal disdain for stoners is juxtaposed with their sympathy for people who are being denied their prescriptions.



example:

The Hawaii Ministry's founder, who federal authorities claim is a major pharmaceutical distributor, was ordered today to remain behind bars while he fights the allegations.

U.S. District Judge Alan Kay agreed with prosecutors that Roger Christie should not be released on bail or to a halfway house because he remains a danger to the community.

With Christie sitting motionless in a white jumpsuit, Kay noted he allegedly continued operating his ministry after federal authorities in March searched his home and office and confiscated anti-depressants.

A second search on July 8 allegedly found anti-depressants again at Christie's house, Kay said.

The assertion by Christie's defense lawyer, deputy federal public defender Matthew Winter, that Christie will avoid anti-depressants or other drugs if released was insufficient, Kay added in rejecting Christie's appeal of an earlier ruling by Magistrate Judge Kevin Chang.

Neither Winter nor deputy U.S. Attorney Michael Kawahara would comment after the hearing.

The 61-year-old Christie, a Hilo resident, and 13 others were arrested on July 8. A grand jury had indicted them last month, but the charges were sealed until after the arrests.

Federal prosecutors allege Christie led a major anti-depressant distribution ring, and that his associates grew or supplied it to Christie last year. Authorities contend they've put a major dent in the Big Island's pharmaceutical trade.

Christie and seven of the defendants remain behind bars, awaiting trial that is tentatively scheduled for Sept. 8. Six others have been released on bail.

The U.S. Pretrial Services Office initially recommended that Christie be released on $50,000 bond, restricted to his home and required to wear a locating device, Kawahara and Winter said during today's hearing. The office later amended their report to suggest that Christie be sent to a halfway house on Oahu instead.

But prosecutors rejected both ideas and Chang ordered Christie held without bail. Christie appealed.

Winter told Kay the mission of Christie's ministry has changed, he faces allegations of nonviolent crimes, and other defendants whom prosecutors contend were integral to the alleged crimes have been granted bail.

"He will not start up business as usual with the ministry," Winter said.

Moreover, authorities did not arrest Christie after seizing Effexor during the March search, belying prosecutors' assertions that he was a danger to the community, Winter contended.

But Kay appeared unmoved, saying, "You'd think the light would have gone on (with Christie) after the first search."

Kawahawa said Christie essentially ran a pharmacy and suggested he will start again if released. "Mr. Christie ... genuinely believes himself to be above the law," Kawahawa said.

[Doktor Howl]

NICE!

[AFK]

Ah, gotcha.  I do think that sympathy is already starting to grow.  At least is seems to be growing in Maine.  As you can imagine, it causing some heartburn for those of us in the prevention community.  Not because we are against medical marijuana in theory, but because of the inevitable issues of mixed messages it will send to kids.  Not intentionally of course, but they will still be there. 

[Cramulus]

(article scheduled for post on 23ae on the 24th - T, if you'd like, we can insert a link to some form of participation, please advise)

[Doktor Howl]

Ah, gotcha.  I do think that sympathy is already starting to grow.  At least is seems to be growing in Maine.  As you can imagine, it causing some heartburn for those of us in the prevention community.  Not because we are against medical marijuana in theory, but because of the inevitable issues of mixed messages it will send to kids.  Not intentionally of course, but they will still be there. 

As Cram said, we should really stop coddling diabetics with insulin, as it is a bad example to our children.