Hung
Jury
for
Hawaiian
Activist
Charged
with
Buying
Legal
Hempseed
10/11/97
Aaron Anderson is a well-known figure on the big island of Hawaii. In fact, the 60 year-old Anderson is the state's best-known advocate for the legalization of marijuana and industrial hemp. That activism, and the strongly held beliefs behind it, has landed him in trouble with the law. Aaron has officially been charged with the purchase of a 23 lb. Box of sterile hemp seed (used extensively in birdseed) at $.49 per pound from Special Commodities Inc. of Fargo, North Dakota, a legally operating company with a DEA license to sell hemp products. Neither the possession, nor the sale of sterile hemp seed is illegal in Hawaii, nor anywhere else in the U.S. Local authorities argue that after two attempts, they were able to get some of the supposedly sterile seeds to sprout. The defense argues, however, that Aaron could not possibly have been responsible for seeds which were sold to him as "sterile" and which, in any case, never made it into his possession. In addition, the defense introduced the government's own estimates which put the commercial value of non-sterile seeds at over 1,000 times the price at which Anderson bought his seeds, making it unlikely that anyone involved had any indication that some of the seeds might not be sterile. (Special Commodities Inc., was not prosecuted.) During the prosecution, which has dragged on for nearly 6 years, prosecutor Kay Iopa, in a stunning admission which calls into question both the state's case and her own competency and professional conduct, said (on the record) in open court, "Anyone else would not be prosecuted for hemp birdseed, only very vocal hemp activists." A separate three million dollar civil rights lawsuit has been filed by Aaron Anderson against the county and its two top prosecutors in federal court. In that action, Aaron Anderson claims that he is being prosecuted for taking advantage of his right to free speech . The criminal trial ended this week with a hung jury, a mistrial having been declared by Circuit Court Judge Greg Nakamura. The jury had been deadlocked at 9-3 in favor of acquittal. The prosecution must now decide if it wants to instigate a new trial. A national effort is underway to contact state officials as well as the media in Hawaii to express concern over this prosecution. In the event that Hawaii does in fact seek a new trial in this case, a general boycott of that state's tourism-driven economy is being discussed. Of course, THE WEEK ONLINE with DRCNet will keep you informed as the story continues to unfold. DRCNet is urging all of our subscribers to take a moment to email (or, better yet, fax or snail mail) both Hawaiian officials' offices and media outlets to protest this blatant case of persecution and harassment and to urge that prosecutor Kay Iopa be prevailed upon to drop this Drug War inquisition. The right to free speech is "inalienable" and is not subject to the whims of government or the power of its law enforcement apparatus. Below is a list of contact information. As always, we here at DRCNet would appreciate copies of any correspondence sent in response to this alert. But even if you don't cc us, please take a moment today to send a response to this outrage and to let them know that the world is indeed watching. Governor Benjamin J. Cayetano Lt. Gov. Mazie K. Hirono Rep. Cynthia Thielen Hawaii newspapers' email:
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