Haw. Sup. Ct. finds little trouble in rejecting pot smoking in the name of religion, splits on privacy and plain error.
State v. Sunderland (HSC Sept. 21, 2007) Background. A Big-Island police officer looking for a missing child went to Sunderland's home, a known hang-out spot of the child. The officer saw in plain view a pipe used to smoke marijuana, and inquired about it. Sunderland told the officer that the pipe was his and that he smokes marijuana for religious purposes. Sunderland even produced his "Cannabis Ministry" identification card to the officer. Sunderland was arrested on the spot. In the district court Sunderland was charged with Promoting a Dangerous Drug in the Third Degree (HRS § 712-1243). Sunderland filed a motion to dismiss on the grounds that smoking marijuana as a member of the Cannabis Ministry was a constitutionally-protected activity related to the First Amendment. The motion was denied and the district court found him guilty as charged, and fined $150. On appeal, Sunderland argued that the prosecution for possessing drugs in his own home for religious purposes vi...