Pubdate: Fri, 14 Feb 2003
Source: Maui News, The (HI)
Copyright: 2003 The Maui News
Contact:  http://www.mauinews.com/
Details: http://www.mapinc.org/media/2259
Author: Lila Fujimoto 
Bookmark: http://www.mapinc.org/topics/gateway+theory

MOLOKAI MAN SENTENCED FOR GROWING MARIJUANA PLANTS

WAILUKU -- Acquitted last year of marijuana cultivation charges in one case,
a Molokai man was sent to jail Thursday for growing marijuana at another
location on the island's East End.

"Growing dope and selling it is not OK," 2nd Circuit Judge Shackley Raffetto
said as he sentenced Frank H. Pave Jr. to 90 days in jail as part of five
years' probation on the drug charges.

The judge suspended another three months of jail for the 49-year-old.

Pave had pleaded no contest to second-degree commercial promotion of
marijuana, possessing drug paraphernalia and third-degree promotion of a
detrimental drug.

The charges stemmed from his arrest last May 13 after Molokai police
officers found 78 marijuana plants around Pave's residence in Honouliwai
Valley. Police said the plants ranged in height from 6 inches to 3 feet and
weighed about 20 pounds.

"It was basically grown for him and his friends," said defense attorney
Michelle Drewyer, who argued for no jail time for the defendant.

She said he was living in a shack with no running water and was growing the
marijuana plants on a "minute piece" of the property that was mainly planted
in vegetable gardens.

"He has learned his lesson," Drewyer said. "He's moved his talents for
farming in another direction."

But Deputy Prosecutor J.W. Hupp asked the judge to sentence Pave to a jail
term of six months, the most the prosecution could recommend under terms of
a plea agreement with the defense.

Pave claimed he didn't smoke marijuana, although two marijuana cigarettes
were found in the residence, Hupp said.

He cited the drug's effect on society, saying those who become addicted to
it lose the ability to think and reason.

Raffetto, who also serves as the Maui Drug Court judge, said some people
mistakenly believe marijuana use is acceptable.

"Everybody in the Drug Court today, who basically destroyed their lives,
started with marijuana," Raffetto said. "When you sell drugs, it hurts the
community."

Defendants participating in the Drug Court can have their criminal charges
dismissed if they successfully complete a minimum 15-month treatment
program.

In a trial last October, Pave was found not guilty of drug charges resulting
from a police search on Nov. 24, 2000, of a home in Honouli Maloo Valley
where he had been staying. Police seized marijuana plants weighing more than
30 pounds growing outside and another 30 pounds of marijuana hanging from
the rafters to dry inside the house.
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