cannabisnews.com: Marijuana Patient's Settlement Offer Rejected Marijuana Patient's Settlement Offer Rejected Posted by CN Staff on February 06, 2004 at 13:04:26 PT By Tiffany Edwards, West Hawaii Today Source: West Hawaii Today Hilo -- County Councilmembers voted 5 - 2 this week not to settle with a medical marijuana patient who is suing police officers for taking her marijuana plants and arresting her nearly two years ago.North Kona Councilman Curtis Tyler and Bob Jacobson, representing Puna, Ka'u and South Kona, cast the two dissenting votes after an executive session Wednesday. Kea Wells and John and Rhonda Robison lived in Tyler's district when the July 2002 incident occurred. They are suing the police officers involved. Wells wanted to settle with the county for $10,000 to avoid a September trial, said Jack Schweigert, attorney for Wells and the Robisons.Wells and the Robisons maintain their constitutional rights were violated when police seized 20 marijuana plants and 1.5 ounces of dried marijuana from their Kalaoa residence and arrested them. They were released eight hours later without any charges. John Robison, 38, and Wells, 31, are registered with the state Department of Public Safety Narcotics Enforcement Division to use medical marijuana to treat their acute lympho cytic leukemia. Rhonda Robison, 32, is registered to treat her Charco - Marie - Tooth (CMT) muscular dystrophy.In addition, Rhonda Robison in July 2002 was registered with Public Safety as a primary caregiver for Wells, allowing her to grow marijuana for Wells. A medical marijuana cardholder may have up to four immature plants and three mature plants, along with one ounce of usable marijuana per mature plant. A mature plant is defined as having buds or flowers. Police have yet to file charges against Wells and the couple, and a week after the incident returned the dried marijuana at the advice of the county Prosecutor's Office. Police have maintained 11 of the 20 plants seized were mature and Wells and the Robisons should have only had three mature plants each. They also have said Wells and the couple should have put labels on the plants marking which plants belonged to which patient.Schweigert confirmed councilmembers rejected Wells' offer Wednesday after they met with Deputy Corporation Counsel Joe Kamelamela in executive session. Councilmembers' vote was on a motion to take the Corporation Counsel's recommendation, but Kamelamela referred a reporter to Schweigert for an explanation on the motion.Late Thursday, Wells said she will not proceed to trial."Litigation is too stressful for me. I've got too many things going on," she said. "I did not think I was asking too much. Apparently, I was wrong." Schweigert said he expects to receive a letter from Kamelamela stating the county believes his clients don't have a case, but will provide an undisclosed "nuisance" amount.The Robisons still plan to take the case to trial in September.Complete Title: Medical Marijuana Patient's Settlement Offer Rejected Source: West Hawaii Today (HI)Author: Tiffany Edwards, West Hawaii Today Published: Friday, February 06, 2004 Copyright: 2004 West Hawaii TodayContact: wht aloha.netWebsite: http://westhawaiitoday.com/Related Articles:MMJ Case Against Police Set for Septemberhttp://cannabisnews.com/news/thread18269.shtmlMedical Marijuana Patients Seek Settlement http://cannabisnews.com/news/thread17506.shtmlLawsuits Filed in Two Big Island Cases http://cannabisnews.com/news/thread13515.shtml Home Comment Email Register Recent Comments Help Post Comment