Hawaii Court Rejects Free Exercise Defense To Marijuana Use

In State of Hawai'i v. Kimmel, (HI App., Jan. 23, 2009), the Hawaii Intermediate Court of Appeals affirmed defendant's conviction for commercial promotion of marijuana. The court rejected the argument that James Kimmel's use of marijuana for religious purposes was protected by the free exercise clause (Art. I, Sec. 4) of the Hawaii Constitution. It also rejected Kimmel's argument that his right to privacy protected by Art. I, Sec. 6 of the Hawaii Constitution permitted him privately consume marijuana.