State v. Sunderland

Opinion of the Court by

NAKAYAMA, J.

Defendant-Appellant, Joseph Sunderland (“Sunderland”), appeals from the third circuit disti'ict court’s1 June 23, 2004 judgment convicting him of the offense of Promoting a Detrimental Drug in the Third Degree, in violation of Hawaii Revised Statutes (“HRS”) § 712-1249.2 Sunderland’s sole *397point of error on appeal asserts that his possession of marijuana at home and for religious purposes was protected by the free exercise clause of the first amendment to the United States Constitution, as well as his right to privacy under article I, section 6 of the Hawai'i…