HSC Resolves Medical Marijuana Loophole in Favor of Defendant
State v. Woodhall (HSC May 31, 2013) Background. Geoffrey Woodhall was charged with a single count of knowingly possessing marijuana in violation of promoting a detrimental drug in the third degree. HRS § 712-1249(1). Apparently, Woodhall was arrested after marijuana was found in a plastic baggie at the airport in Kona even though Woodhall had a medical marijuana registry card. Woodhall filed a motion to dismiss on the grounds that the medical marijuana laws protected him from transporting the marijuana. According to Woodhall, the only prohibited use was ingesting the drug in public. The prosecution objected and urged the court to strictly construe the statutes. Just before trial, the parties stipulated a number of facts: Woodhall knowingly possessed 2.12 grams of marijuana at the Kona airport in a clear, plastic baggie. The airport is a public place. Woodhall had a valid medical marijuana certificate. The marijuana was discovered at the TSA checkpoint. Woodhall was not ingesti...