Helping medical marijuana patients acquire an adequate supply of their medicine is a "calling," not a crime. Brian has helped thousands of Maui's most seriously ill medical marijuana patients. Now let's help him get out of jail. FREE BRIAN!
On Dec. 6, 2014, Brian Murphy, Director of Patients Without Time, was sentenced to 1 year in jail for a “criminal conspiracy” to sell marijuana, from charges filed in 2008. during Maui Police Department's "OPERATION WEEDKILLER."
Judge Cardoza, stated these two reasons, while trying to justify his harsh sentence:
1) The Judge stated that the Hawai'i Legislature has provided a "way" for medical marijuana (MMJ) patients to use ("Medical use" means the acquisition, possession, cultivation, use, distribution, or transportation ~ Â§ 329-121 : Hawaii Statutes - Section 329-121: Definitions) medical marijuana "within the bounds of the law." This is NOT true! "State law is silent on how a patient obtains his/her marijuana." ~ Hawaii Medical Use of Marijuana, [Physician and Patient Information], State of Hawai'i, page 8, paragraph 4. The judge had previously denied Director Murphy's Necessity Motion.
2) Judge Cardoza stated that medical marijuana patients, who came through his court, did not complain about difficulties acquiring their medical marijuana. However, Judge Cardoza avoids the issue of where the anonymous defendants did acquire their medical marijuana, and whether their acquisition was in compliance with the Statutes.
Director Brian Murphy, and Patients Without Time, helped medical marijuana patients maintain safe access to an adequate supply of their medical marijuana from 2004 to 2008. Unfortunately Maui's patients lost this safe access when the Maui Police arrested Director Murphy and his staff, in November of 2008, during the Maui Police Department's "OPERATION WEEDKILLER."
As a result, for the last six years, Maui's medical marijuana patients have not had safe access to an adequate supply of their medical marijuana, and now Director Murphy is locked in jail. Is the outcome worth the million+ dollars spent for "OPERATION WEEDKILLER?" What justice is this?
Watch the video of Judge Cardoza attempting to justify his stiff sentence with erroneous statements.
Judge Cardoza states that Hawai'i Statutes provide a way for Hawai'i's medical marijuana patients to use their medicine "within the bounds of the law." However, numeous Hawai'i State reports, and Hawai'i news broadcasts state that Hawai'i's medical marijuana patients do NOT have a legal way to use their medicine "within the bounds of the law," which is the heartbreaking truth, that Director Murphy has been trying to remedy.
Hawai'i's medical marijuana Statutes force medcial marijuana patients to be criminals, because the Statutes force patients to break the law, if they want to use the law.
Patients still can't legally buy pot, 14 years after medical marijuana law took effect, Hawaii News Now, Sept, 27, 2014.
"In 2000, the Legislature enacted the Medical Use of Marijuana law, which has been codified as Part IX of Chapter 329, HRS, the Uniform Controlled Substances Act. The law allows for the medical use of marijuana by qualifying individuals under certain conditions and includes registration requirements for medical marijuana patients and their caregivers, administered by the Department of Public Safety (PSD). However, the law does not provide a legal method of obtaining marijuana." STATE of Hawai'i, Sunrise Analysis: Regulation of Medical, Marijuana Dispensaries, Report No. 14-12, December 2014, by The Auditor, State of Hawai'i.
"We have a medical marijuana system but you have to begin in the illegal market. How do you get your first seed? You can't buy it legally. That's the strangest part." ~ Susan Chandler, director of the University of Hawaii's Public Policy Center, The assoiciated Press, Dec. 21, 2014.