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The Honolulu Advertiser
Posted on: Friday, April 4, 2008

Counselor arrested in marijuana probe

By Kevin Dayton
Advertiser Big Island Bureau

HILO, Hawai'i — A Big Island social worker who links clients seeking medical marijuana with doctors who will certify the patients for legal medical cannabis use has been arrested in connection with a marijuana case in Puna.

Matthew Brittain, 46, owns a company called Effective Change LLC, and has a private practice in Hilo that provides mental health services including family and marriage counseling, anger management and substance abuse treatment, according to the Effective Change Web site.

Police arrested Brittain Monday after a search of his Fern Acres property over the weekend turned up 64 marijuana plants — some up to 6 feet tall — allegedly growing outdoors to the rear of Brittain's house and a rental unit on the property.

Big Island police said they found another 31 plants in an indoor grow room in a rental unit on the property, and also seized nearly five pounds of dried marijuana and nearly an ounce of hashish oil.

Brittain said he was growing marijuana legally on his property under the terms of medical marijuana permits, but said he was unaware that a tenant in the rental unit was growing additional plants in the grow room and in patches to the rear of the homes that exceeded the legal limits.

"I would just like to emphasize the fact that I was not charged, and I was operating in a complete legal fashion to benefit the unfortunate patients who need their medicine and are unable to grow it for themselves," Brittain said.

The state medical marijuana law allows a permit holder to grow up to seven marijuana plants and have three ounces of dried marijuana.

East Hawai'i Vice Section Lt. Samuel Jelsma said police are still gathering information, and will submit the completed investigation to county prosecutors to decide whether Brittain should be charged.

For the past several years Brittain has been linking people seeking medical marijuana with doctors on the Big Island and in Reno, Nev. He has worked with three doctors, and Brittain estimated he has helped about 700 patients get their "blue cards," or medical marijuana permits.

A Web site advertising Brittain's services lists his fees for combined case management and medical marijuana certification at about $300 in Hawai'i, and about $500 in Nevada, although Brittain said he now charges more modest fees in Hawai'i on a sliding scale ranging from $175 to $250.

Brittain said he does not believe police targeted him for his work with medical marijuana patients. "In fact, the police have been very considerate and kind toward me, and I think they've been operating with great professionalism," he said.

Police said they were drawn to the Fern Acres home by a 911 call last Friday reporting that a man at the home had shot his wife.

When police checked the property they did not find a gunshot victim, but did find the marijuana and hashish oil. Officers served a search warrant the following day and seized the plants, hashish and other items.

Police charged tenant Christopher Holt with two counts of commercial promotion of marijuana, two counts of promoting a detrimental drug, one count of promoting a harmful drug and five counts of possessing drug paraphernalia.

Police learned Holt's wife was unharmed, and did not find any evidence that shots had been fired at the Fern Acres property.

Reach Kevin Dayton at kdayton@honoluluadvertiser.com.