LIHU‘E — A Hanalei man with a little more than four years left to go on his five-year probation sentence was in court Tuesday to request that the terms of his probation be modified for medical marijuana use. Fifth Circuit
LIHU‘E — A Hanalei man with a little more than four years left to go on his five-year probation sentence was in court Tuesday to request that the terms of his probation be modified for medical marijuana use.
Fifth Circuit Court Judge Kathleen Watanabe said she would approve a medical marijuana exemption for Howard T. Yokotake III, 32, provided there is clinical approval, license, adequate testing and a thorough understanding of the penalties for misuse.
Yokotake’s attorney Craig De Costa filed the motion and County Second Prosecuting Attorney Samuel Jajich deferred to the court and took no opposition.
County Probation Officer Summer McCallum appeared in court to note that the probation office drug testing can distinguish between marijuana and other illegal drugs. The office would not object to the motion provided the exemption was stipulated in the terms, and that the probationer could show proof of a medical marijuana license from the Hawai‘i Narcotics Enforcement Division.
Watanabe noted that Yokotake’s physician stated in a letter that medical marijuana was the safest and most effective treatment for his condition. She approved the motion based on the letter and upon approval of a license from the NED.
Jajich noted there is a six-month backlog on license applications at NED. There was discussion of whether to approve it in the interim with some reassurance from NED.
Judge Watanabe concluded with concern about implementation of medical marijuana exemptions. She said it was up to the defendant to provide copies of his annual medical marijuana license renewal to his probation officer.
Watanabe cautioned Yokotake that he must educate himself thoroughly on the stipulations of his license and how it relates to his probation and the doctor’s prescription. She said he must be aware of the amount of plants he can legally grow for personal use and not grow excess for commercial use or to give out to other people.
Yokotake pleaded guilty May 23 to a reduced charge of second-degree promotion of a dangerous drug, a Class B felony, and an amended charge of possession of a firearm while committing a drug offense. Remaining drug and electric gun charges were dropped.
• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or by emailing tlaventure@thegardenisland.com.
