Hawaii island cannabis advocate Roger Christie is scheduled to plead guilty Friday to marijuana trafficking, charges that have kept him behind bars for more than three years awaiting trial.
Christie’s wife, Sherryanne, is also scheduled to plead guilty, the two having reached a plea agreement in the case.
The Christies had been scheduled for trial next month. Details of their agreement have not been made public, but the two are expected to withdraw their not-guilty pleas and instead plead guilty before U.S. Magistrate Judge Richard Puglisi, according to the federal court calendar.
They would be sentenced at a later date. It is not clear how much more time Roger Christie would have to serve in prison since he would be credited for the nearly 31⁄4 years he has already spent in custody at the federal detention center. Assistant U.S. Attorney Michael Kawahara declined to comment Tuesday, and the Christies’ Thomas Otake and Lynn Panagakos could not be reached for comment.
Roger Christie, 63, who has become a cause celebre for marijuana supporters, had promoted the religious use of marijuana for years at The Hawaii Cannabis Ministry in Hilo before he was jailed.
During his time in custody, marijuana advocates and several community groups pressed for his release, saying keeping him imprisoned over the years was a violation of his constitutional rights.
Christie’s court case also became part of the marijuana debate here and nationally. Since his arrest, voters in Washington and Colorado have legalized marijuana for personal use, and the Department of Justice has said it will not challenge those laws.
During the session of the state Legislature, the House Judiciary Committee heard a measure to legalize up to an ounce of pot before the committee tabled the measure. And some state senators said they believed Christie had been treated unfairly, signing a resolution that was never brought to a vote.
Christie’s operation was shut down when he was arrested in July 2010.
The Christies and 12 others were charged in a federal grand jury indictment with marijuana trafficking.
Christie and his wife were also charged with conspiracy in connection with the case, charges that carry a prison term of five to 40 years.
Most of the others have pleaded guilty to marijuana-related charges and are awaiting sentencing.
Christie has maintained that marijuana was used as a sacrament in his ministry and that he should be shielded from prosecution under the federal Religious Freedom Restoration Act.
But U.S. District Judge Leslie Kobayashi earlier this month ruled that the Christies could not use that defense.
Otake had contended earlier that Kobayashi’s ruling would be “extremely critical to our case.”
Kobayashi’s ruling cleared the way for the Oct. 8 trial.
Federal prosecutors had contended that the religious defense was a ploy to mask a large-scale marijuana-trafficking operation.
The federal indictment followed a two-year investigation by federal and Hawaii County law enforcement that resulted in the seizure of 2,296 marijuana plants, nine weapons, 33 pounds of processed marijuana and more than $21,000 in cash. The probe also included wiretaps that recorded thousands of calls on Christie’s cellphone, phones at his home and at the THC ministry.
Christie’s wife was allowed to be released on bond, but Christie was held without bail despite repeated requests for his release.
Federal judges here and the 9th U.S. Circuit Court of Appeals denied those requests, agreeing with prosecutors who maintained he would pose a danger to the community if he were to be set free.
Federal prosecutors had argued that authorities searched Christie’s home and the ministry in March 2010, but he still continued his ministry until his arrest four months later. The Christies also lost a bid to suppress the recorded phone calls, which laid the foundation for the charges against them.
Based on those calls, federal prosecutors said the Christies indicated they had as many as 70 customers a day, sold about a half-pound of marijuana daily and made a profit of about $1,000 for each half-pound.
