Man allegedly found with CBD oil charged with marijuana possession

Pago Pago, AMERICAN SAMOA — District Court Judge Fiti Sunia has found probable cause to bind Togamamao John Letuligasenoa’s case over on a single charge of unlawful possession of a controlled substance, marijuana, during his preliminary examination (PX) held last Friday.

Letuligasenoa was a passenger on the Hawaiian Airlines flight that arrived the night of Sept. 13, 2018, and Customs agents allegedly found vape oil bottles containing a compound found in marijuana in a bag belonging to him.

In delivering his decision, Sunia pointed out that despite strong opposition from the defense team, claiming that there was no actual marijuana found in Letuligasenoa’s possession, it was clear from the evidence that the items that were allegedly found in one of the defendant’s bags at the airport were a compound of the illegal drug.

Prosecuting the case was Assistant Attorney General Christy Dunn, while private attorney Marcellus T. Uiagalelei represented the defendant, who is out on a $2,000 cash bond.

During last week’s PX, the government called one witness, Police Det. Jimmy Tagata who led the investigation in this case.

Det. Tagata, who has been a police officer for over 3 years now, and with the DPS Vice & Narcotics Units for over a year, stated to the court that it was Sept. 19, 2018 when he received a phone called from one of the Customs agents working at the airport, informing him about a possible drug case involving a man who was a passenger on the Hawaiian Airline flight on Sept. 13.

Tagata stated to the court that according to information from the Customs agent, he allegedly found four items (paraphernalia) and two CBD (Cannabidiol, a compound found in weed or marijuana plants) vape oil bottles inside a bag belonging to Hawaiian Air passenger Letuligasenoa.

Det. Tagata then explained in court their conversation with the Customs agent regarding this matter.

Tagata claims that while Customs agents were conducting a regular routine inspection at the airport on the night of Sept. 13, the scanning machine alerted to one of the bags. The bag was searched and inside were four paraphernalia pipes (Pipes are labeled as 7 pipe hi tech, with marijuana leaf pictures inside, also known as the Twisty Glass Blunt). Custom agents also found two CBD vape oil bottles.

When asked what the pipe is for, Letuligasenoa told Customs agents that the vape oil is poured inside the pipe before smoking it.

Letuligasenoa was questioned and afterwards, he was told that the items would be held until Customs gets clarification on the legality of the items found in his belongings.

Letuligasenoa told Customs agents that he had brought the item to the territory more than once and asked why they were holding it, adding that it is legal in Hawaii.

A movement profile retrieved from the Attorney General’s Office (AG) for Letuligasenoa shows that he departed the territory on Sept. 10, 2018 and arrived back on Sept. 13, 2018 during which Customs agents found the paraphernalia pipes and CBD liquid bottles.

The 4 pipes found in his luggage are commonly used in the mainland to smoke marijuana, and not commonly found in the territory.

When questioned about how the items allegedly found inside the defendant’s luggage were tested, Tagata stated that it was one of the senior detective at the Vice & Narcotics Unit who conducted the testing, utilizing a Duquenois Levine Field Test Kit which received positive results for THC (Tetrahydrocannabinol) or marijuana.

“What is a CBD oil that was allegedly found inside the defendant’s luggage,” Dunn asked the witness. The witness stated that based on his on-the-job training and research, CBD oil is a compound found in weed or marijuana.

During cross-examination, defense attorney Uiagalelei asked the witness whether he personally found any actual marijuana in his client’s possession. The witness responded, “no”.

Uiagalelei also asked the witness if he ever searched his client’s body or luggage when he arrived from Honolulu on the night of Sept. 13. The witness replied, “no”.

During final submission, the government’s attorney stated to the court that based on the evidence presented to the court, it was clear that the defendant arrived at the airport with CBD oil vape, a compound found inside marijuana inside one of his bags. The items were tested and turned up positive for marijuana.

Dunn then asked the court to bind the defendant’s case to the High Court for further proceedings.

Uiagalelei on the other hand argued that the government failed to present sufficient evidence to bind his client’s case over to the High Court. He told the court that while the government is charging his client with the criminal charge of unlawful possession of marijuana, it was clear from the evidence that no actual marijuana were found in his client’s possession.

Judge Sunia said the hearing is to determine if there is sufficient evidence and if there is probable cause to try the defendant in court.

Sunia pointed out that in 13.1022, there are 2 elements of the charge against the defendant. The element whether the person unlawful possessed a controlled substance, and the element which classified it as a controlled substance.

According to Sunia, it was clear from the evidence that the defendant unlawful possessed a controlled substance, by having the CBD vape oil inside his luggage. For the element which classified what a controlled substance is, it was clear from the evidence that the CBD oil that was found inside the defendant’s luggage was a compound inside marijuana.

“Based on the evidence that was presented to the court, that court is satisfied that there was sufficient evidence to bind this case over to the High Court for further proceedings,” Sunia said.

Letuligasenoa’s arraignment is scheduled for Monday morning, Nov. 26.