A 26-year-old Naalehu man accused of possessing 85 marijuana plants and 52 pounds of dried marijuana will stand trial on a half dozen felony charges, a Kona District Court judge ruled Monday afternoon.
David Alexander McFadden will enter his pleas to first-degree commercial promotion of marijuana, two counts second-degree commercial promotion of marijuana and three counts possessing drug paraphernalia. His arraignment and plea hearing is scheduled for Nov. 26 before 3rd Circuit Court Chief Judge Ronald Ibarra in Kona. McFadden remains on supervised release.
District Court Judge Andrew P. Wilson during a preliminary hearing held Monday determined the state had presented enough evidence to transfer the six charges to Circuit Court following testimony by Hawaii County Police Department Area I Vice Section Detective Aaron Kaleo, who was the lead investigator in the case.
Kaleo testified that on Oct. 21 officers executed a search warrant at McFadden’s Palaoa Road residence. Upon their arrival, Kaleo said McFadden came out with three medical marijuana permits in hand and consented to the search. McFadden acknowledged possessing the marijuana plants and after Kaleo pointed out that the number of plants exceeded the 21 allowed by the permits he held, McFadden admitted he was over the limit.
In the yard, Kaleo said officers located 12 “budding,” or flowering, marijuana plants. In a screened grow area detached from the home and visible through open doors, officers located an additional 73 “clones,” an electric ballast, exhaust fan and grow lights.
Kaleo testified the 73 plants inside the grow area measured in 2 to 3 feet in height while the plants outside were about 7 feet tall.
“They were taller than I was standing, and I am 6 feet tall,” Kaleo said. “They were above my head.”
Officers then entered McFadden’s home to continue the search, Kaleo said.
Inside what appeared to be a closet in the living room, officers located a large bag containing 19 pounds of dried marijuana, a digital scale and a notebook containing details about the growing operation. On a lower level of the residence, Kaleo testified, officers located 33 pounds of dried marijuana in three large bags, a smoking pipe and shears.
If convicted of first-degree commercial promotion of marijuana — a Class A felony — McFadden faces up to 20 years behind bars and a maximum fine of $50,000, according to Hawaii Revised Statutes.