Citizens dedicated to implementing the Lowest law Enforcement Priority of Cannabis Ordinance in Hawaii
As you can see, there was a large turn out on Feb 2 for the County Council meeting, as reported by the HTH. (See post below)
There were 28 people who testified, all in favor of the LLEPCO. Everyone was there to remind the council of their responsibilities.
Although good questions were posed by Council members, nothing was resolved.
We appreciate all who showed up. The Council will hear us, but we must keep at it. We will keep you posted of upcoming Council meetings and any developments.
Published in Hawaii Tribune-Herald Tuesday, February 2, 2010 9:31 AM HST
Cannabis legislation
With regard to Mr. LeGendre’s letter, (Tribune-Herald, Jan. 24) I respectfully clarify that the adult decriminalization bill introduced by state Sen. Kalani English before the Legislature will not legalize cannabis. Decriminalization will make possession of 1 ounce or less a civil proceeding like a traffic violation rather than a criminal one. The $100 fines will be directed to prevention programs that help at-risk families and provide drug counseling.
Decriminalization will free up space in our crowded prisons, unclog the courts, and allow police more time and resources to fight serious and violent crimes as it has in 18 states which have cities and county jurisdictions that have passed decriminalization laws.
It was disappointing but predictable that the County Council missed an opportunity to urge the state Legislature to pass a decriminalization bill. With the police and prosecuting attorney strongly opposed to decriminalization, it would be politically risky during an election year to vote otherwise, or so they think. It doesn’t seem to matter that the citizens voted for lowest law-enforcement priority.
Why do the police and the prosecuting attorney fight so hard to maintain the status quo? They are opposed to decriminalization because they are addicted. Not to pot, but to the federal and state grant money for cannabis eradication, a bloated budget, asset forfeiture and the many government jobs (police, prosecutors, judges, prison personnel, probation officers, etc.) that feed off the nonviolent victims of the cannabis war. The annual cost to Hawaii taxpayers is an estimated $6.2 million. Added to these costs are the defense attorneys, cost of court-mandated urine analysis, counseling costs and lost wages, and it burgeons into a huge business.
Sen. English said, “We’re in really tight economic times … so I thought it was timely to put this forward, because we don’t have the money.” Indeed.
Andrea Tischler
Hilo
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Adam Lehman, one of the authors of the so-called Peaceful Sky ordinance, testifies before a county council committee on Tuesday. – John Burnett/Tribune-Herald |
The committee on Public Safety and Parks and Recreation received and filed a request from Police Commission Chairman Thomas Whittemore to review and rectify what he called ambiguities in the initiative passed into law by almost 58 percent of the island’s voters in November 2008.
Adam Lehman, one of the authors of the so-called “Peaceful Sky” ordinance, took exception to Whittemore’s reference to ambiguities.
“The only thing ambiguous about this new law is the lack of willingness by some county members to honor the will of the people,” Lehman testified. “This statement that was made by the chair of the police commission that the county wasn’t allowed to, quote, clean up the language, unquote. How insulting to the people you serve. This language is clean. The minds of those who are not willing to accept this law is what needs cleaning up.”
The law makes adult use and possession of 24 or fewer ounces of cannabis on private property, or the cultivation 24 or fewer plants, the lowest law-enforcement priority. It also directs the council not to accept money related to marijuana eradication.
Hamakua Councilman Dominic Yagong, the committee’s chairman, asked county Corporation Counsel Lincoln Ashida if the law prohibits the police “from accepting funding for marijuana eradication.”
“It prevents the acceptance … yes, in regards to the lowest law-enforcement priority,” Ashida replied.
Yagong said that he perceives a “disconnect” between voters and law enforcement over the issue.
“I think it’s frankly erroneous to conclude that HPD from the inception has just blown this off and said, ‘Screw it. We’re not going to follow it,’” Ashida said. “… They were concerned about this provision because it did involve the acceptance of outside funds from the state and federal government. And it was decided, early on, that the receipt and the expenditure of those funds would be consistent with this initiative. That is, that the money would be expended to go after large-scale growers and distributors, but that the money would not be used to target persons that fall under the definition of ‘adult personal use.’”
Replied Yagong: “I think the disconnect is when you talk about large-scale marijuana growers and then you read the eradication reports that say … less than 24 plants, then there’s a conflict there. We accept the money for large-scale, then we still make this sort of eradication.”
“I would just say this, Mr. Yagong, that those questions are best addressed on a fact-specific, case-by-case inquiry,” Ashida said. “There may have been reasons why, in the report … that involved misdemeanor quantities of marijuana, but … it may not be clear whether it was related to other offenses which were related to that.”
Andrea Tischler, a Peaceful Sky Alliance director, said the organization’s board wrote about 50 letters to local authorities citing what she termed called non-compliance to the law.
“This is a total disregard of our efforts, circumvents the democratic system and process, and shows great disrespect and contempt for the 35,000 citizens who voted for the ordinance,” Tischler said. “The police, prosecutor, mayor, corporation counsel, the County Council (and) the police commission have violated, or are not in compliance with just about every section of the ordinance.”
One testifier likened police and prosecutors to “bullies” while another called marijuana enforcement by local police “an outrage” and “a dog-and-pony show.”
North Kona Councilman Kelly Greenwell, whose resolution seeking to decriminalize possession of marijuana on the county level was voted down 5-2 last month, implied that the spirit of the law is being ignored by law enforcement.
“There can be no question what the spirit of this law was,” Greenwell said.
Ashida, in a Feb. 1 e-mail to Yagong, wrote that “police and prosecutors are not legally required to make adult personal use of marijuana their lowest enforcement priority,” citing the doctrine of federal and state preemption of local laws.
“…The initiative simply provides our police and prosecutors this option if they so choose,” Ashida wrote.
E-mail John Burnett at- jburnett@hawaiitribune–herald.com.
Hawaii Tribune-Herald
Published: Sunday, January 17, 2010 7:54 AM HST
I am always reading that the Police Department leaders and the county Prosecuting Attorney’s Office keep insisting that they will continue to ignore the “Peaceful Sky” initiative because marijuana is still illegal under state and federal laws, and therefore they will continue “green harvesting” and harassing marijuana users.
I am under the impression that the Hawaii Police Department and the county Prosecuting Attorney’s Office are employed by the citizens and representatives of Hawaii County.
The police and the prosecutors are not employees of the state of Hawaii, nor are they employees of the federal government, and as such are legally bound to obey rules created by Hawaii County citizens and our representatives.
That means, by extension, they are in open rebellion against the citizens of Hawaii County. They will do what they want to do, and the citizens be damned!
Citizens need to be aware that if this rebellion is not put down, someday some civil rights organization will notice, and the cost of their lawsuits will make the Police Department hiring scam settlement seem like “chump change.”
J. Stoeckel
Keaau
By Emily Heffter, Seattle Times Staff Reporter
Source: Seattle Times
Seattle, WA — Seattle’s new city attorney is dismissing all marijuana-possession cases, starting with those that were already under way under the old city attorney.
City Attorney Pete Holmes, who beat incumbent Tom Carr in November, said he dismissed two marijuana-related cases in his first day on the job, and several others are about to be dismissed.
In addition, his new criminal division chief, Craig Sims, said he is reviewing about 50 more cases. Unless there are “out of the ordinary circumstances,” Sims said, the office doesn’t intend to file charges for marijuana possession.
“We’re not going to prosecute marijuana-possession cases anymore,” Holmes said Thursday during a public interview as part of Town Hall’s Nightcap series. “I meant it when I said it” during the campaign.
Seattle voters approved Referendum 75 in 2003, making marijuana the lowest priority for local law enforcement. City records show that Carr still prosecuted many cases.
In the first six months of 2009, Carr declined eight of the 62 marijuana-related cases filed with his office, a city report shows. Of the cases he took up, marijuana was the only charge in 21 cases. In the second half of 2008, Carr dismissed 21 marijuana-related cases and filed 60 others. Of those, marijuana possession was the only charge in 20 cases.
Holmes’ policy change comes amid several state-level efforts to decriminalize or legalize marijuana.
A ballot initiative filed Monday would legalize adult marijuana possession, manufacturing and sales in the state. The Legislature is also considering two bills to decriminalize and regulate marijuana, or to make it legal in the state.
The drug would remain illegal under federal law.
Source: Seattle Times (WA)
Author: Emily Heffter, Seattle Times Staff Reporter
Published: January 15, 2010
Copyright: 2010 The Seattle Times Company
Contact: opinion@seatimes.com
Website: http://www.seattletimes.com/
URL: http://drugsense.org/url/k8wo8Yif
CannabisNews — Cannabis Archives
http://cannabisnews.com/news/list/cannabis.shtml
The following letter to the Editor was published in West Hawaii Today on January 15, 2010.
Deputy Prosecutor Rick Damerville testified at the recent committee meeting on marijuana decriminalization held by the Hawaii County Council. During his presentation against the resolution, he trumpeted the words of King James I, who in 1604 issued a proclamation about the health hazards of tobacco.
What Mr. Damerville neglected to mention was that the king did not throw people in jail for possessing a substance used by consenting adults. Such a policy would have filled the jails and reduced productivity across the land. Instead, he took a wiser course. He educated his subjects about the dangers of tobacco and he regulated and controlled its use by applying tax rates as high as six shillings and 10 pence per imported pound.
As a Canadian police officer visiting Hawaii for the first time, I was surprised by Mr. Damerville’s opposition marijuana reform. While off-duty, I volunteer with an international non-profit organization called Law Enforcement Against Prohibition. LEAP is group of judges, prosecutors, police officers and correctional staff who seek to end the global war on drugs. We don’t support or encourage drug abuse, or breaking the law. However, we believe that a system of regulation would be more ethical and less harmful than prohibition. We seek gradually to legalize and regulate all drugs in order to minimize the crime, addiction, disease and death generated by the black market for illegal drugs.
Perhaps Mr. Damerville will consider joining us?
David Bratzer
Victoria, BC Canada
“I simply want to try to get a survey on this,” Hoffmann said Wednesday. “Let’s find out if the people of this island want to move forward (with legalization.) If they do, then I will support their initiatives.”
Pot has long been an issue on Hawaii Island, which has a reputation for producing large quantities of high-grade marijuana. In November 2008, more than 35,000 voters approved making marijuana possession by adults the Police Department’s lowest enforcement priority. Another 25,000-plus opposed the measure.
Proposals relating to funding for “Green Harvest” raids, review of mandatory monthly eradication reports and other pot issues typically attract dozens of marijuana advocates to County Council meetings.
“I would wager there isn’t anybody on this island … who doesn’t have an opinion on marijuana,” Hoffmann said. “It is clearly not the same as any other issue.”
A resolution urging the state -Legislature to decriminalize the cultivation, possession and use of marijuana is set to appear before the council’s Public Works and Intergovernmental Relations Committee during its 4:45 p.m. meeting Tuesday in Hilo.
The proposal from North Kona Councilman Kelly Greenwell was postponed Dec. 15.
“I don’t like it. I think he’s skipping a step,” Hoffmann said. “Greenwell’s legislation doesn’t permit the people to weigh in on this. I think they should be given that opportunity.”
Greenwell said he wants a discussion on the “wisdom” of changing anti-pot laws.
“I don’t know that polling the illiterate is a good idea,” he said. “It wouldn’t mean anything because you’re not polling people who are educated on the whole subject.”
Greenwell, who said he only once smoked pot, yet was a heavy drinker, said using the drug leads to less violence and “carnage” on the highway than consumption of legal alcohol.
Hoffmann, however, still wants a poll.
“I would rather we put this to a vote, a nonbinding vote, of the people in the next general election,” Hoffmann added of voting to occur next November.
But state law allows only the names of candidates, proposed amendments to Hawaii’s Constitution, suggested changes to the Hawaii County Charter and proposed initiatives or referendum questions to appear on Big Island ballots, said Ken Goodenow, county clerk and the county’s top elections officer.
Goodenow said he checked with state elections officials before reaching that determination.
“It would be an abuse of my power to just put something on the ballot,” he said.
Hoffmann said he’ll “live” with that interpretation, but was still waiting Wednesday to learn if the question could be posed in the form of a survey attached to ballots or distributed during election time.
Goodenow said that would still be a “ballot” question, while allowing Hoffmann and his staff to handle the counting and other work — Hoffmann made that offer to save money — would be improper.
“I think it would impugn the integrity of the elections process,” he said.
Hoffmann said he hasn’t sought a survey on other issues before the council because many people don’t understand the complexities of legislation that doesn’t affect them. Also, the “contentious” pot issue affects personal behavior, unlike laws dealing with development fees, for example, he said.
“I have no idea how people would come down on this issue if it was put to a poll at general election time,” Hoffmann said, noting he was surprised the issue of making marijuana laws the lowest law enforcement priority was passed by such a large margin.
Feeling the survey could boost voter turnout, Hoffmann said he’s unsure how he would answer it.
“It’s a difficult question for me,” he said.
Hoffmann said he would have opposed legalization five years ago when he joined the council, but now has less objection, provided marijuana is taxed and properly regulated.
Asked if Hoffmann could do an Internet survey like the county’s Building Division recently conducted, a direct mailing, or distribute survey forms at council meetings, Goodenow said each suggestion is a “good idea.”
“He can achieve his goal through legitimate means without having to utilize the Office of Elections,” Goodenow said.
Hoffmann said he lacks the time and money to do those forms of polling.
“I have not thought the issue through in that manner,” he said of the survey options, noting he never considered that including a questionnaire in voter packets would be disallowed.
“Other communities and municipalities do this on a regular basis on the mainland,” he added of his second option to having a true ballot question.
E-mail Jason Armstrong at jarmstrong@hawaiitribune–herald.com.
Posted in Chronicle Blog by Scott Morgan http://stopthedrugwar.org/user/smorgan Wed, 12/23/2009 – 11:52pm
Anyone can dream up dumb reasons for keeping marijuana illegal, but it takes guts to equate pot prohibition with the survival of Western civilization. Mary Grabar at Pajamas Media http://pajamasmedia.com/blog/libertarians-need-to-rethink-support-for-drug-legalization/2/ shows us how it’s done:
The sanction for alcohol use has lasted for millennia. It has become part of our rituals at meals, celebrations, and religious services. That is a large part of why Prohibition failed.
Marijuana, in contrast, has always been counter-cultural in the West. Every toke symbolizes a thumb in the eye of Western values. So it follows that in order to maintain our culture, we need to criminalize this drug.
The prohibition against marijuana is one brick in the foundation of our society.
You know, marijuana has only been illegal for 72 years. This isn’t a brick in the foundation of anything. Marijuana’s prohibition was born out of absurd racist demagoguery, and the counter-culture that subsequently emerged was a symptom of prohibition, not a justification for it.
Ironically, Garbar is trying to fan the flames of what she sees as a massive culture war over marijuana, yet as the comments indicate, she can’t even get her own conservative readership to buy into it.
A helicopter crashed on Wednesday that belonged to Sunshine Helicopters of Maui
Two people were injured after their helicopter made an emergency landing Wednesday afternoon in Hana, Maui. The injured persons, a pilot and an inspector with the Federal Aviation Administration, suffered non-life threatening injuries, said Ian Gregor, FAA spokesman. They were taken to Maui Memorial Medical Center for treatment.
The pilot and the inspector left Kahului Airport at 1:15 p.m. aboard a Sunshine Helicopters Aerospatiale AS350 helicopter for a routine proficiency check. The check is required for commercial pilots under FAA regulations, Gregor said.
But the helicopter experienced unknown mechanical problems and the pilot made an emergency landing on the shoreline in Wai’anapanapa at about 1:45, Gregor said. The helicopter’s tail boom broke during the landing, he said.
The FAA inspector suffered a broken ankle, but the extent of the pilot’s injuries was not immediately available.
FAA safety inspectors were on the scene of the incident and secured the wreckage, Gregor said. The FAA and National Transportation Safety Board will investigate the incident.
The Kahului-based Sunshine Helicopters offers air tours of Maui, Moloka’i, Kaua’i and the Big Island. Ross Scott, company president, did not return a phone call yesterday.
In April 2007, a Sunshine Helicopter Eurocopter EC 130 B4 crash-landed in Makawao after taking off for Kapalua. Five of six people on board received minor injuries.
The NTSB said pilot error was the probable cause of the accident.
In January 2006, a Sunshine Helicopters helicopter crash-landed on the slopes of Haleakala, injuring five people. The NTSB determined that the accident was caused by a “total loss of engine power due to a fatigue failure of a turbine blade.”
PRESS RELEASE FOR IMMEDIATE RELEASE:
PEACEFUL SKY ALLIANCE SUPPORTS COUNCILMAN GREENWELL’S EFFORTS TO ENCOURAGE THE DECRIMINALIZATION OF MARIJUANA December 15, 2009
This resolution 281-009 proposed by Mr. Greenwell has the primary focus of addressing the need to decriminalize the use of Cannabis in Hawaii.
Councilman Greenwell of District 8, Hawaii County
The Peaceful Sky Alliance supports Mr. Greenwell’s resolution. We have specific recommendations for Mr. Greenwell as to how he can improve this legislation so that it addresses specific Hawaii Statutes that require harsh penalties and create criminals out of otherwise law-abiding citizens and we will be submitting these to the Hawaii County Council when the bill appears for first reading before a committee
Mr. Greenwell’s resolution reflects the mood of the country at large and we see it as a positive step recognizing the inappropriate and harsh sentencing for marijuana use.
Such measures of decriminalizing as proposed in Resolution 281 represent cost-saving measures because resources can be better directed towards more pressing matters of community safety and wellbeing.
Here in Hawaii County, the Peaceful Sky Alliance continues to identify for the Council violations of the Lowest Law Enforcement Priority of Cannabis Ordinance. The County needs to implement this voter initiative, which is the ‘first step’ in the process Mr. Greenwell proposes for decriminalization in the County of Hawaii. Today, December 15, 2009 represents another opportunity for Board Members to address this matter with Hawaii County Council and remind them of their obligations.
Peaceful Sky Alliance will make specific suggestions to Mr. Greenwell and the Council regarding amendments that would cite specific statutes of Hawaii State law that should be revised, amended or repealed in order to remove harsh and unjust penalties for use of Cannabis.
Further, we hope that in a revision of this Resolution, Mr Greenwell could specifically mention the urgent need to address the problem of ICE in our community. A study performed by the National Institute on Drug Abuse 1991-1994 final report (ICE and Other Methamphetamine Use: An exploratory Study) showed findings that the effect of marijuana eradication was to drive up the street price of Cannabis and cause a rise in use of methamphetamines which became a cheaper alternative to Cannabis.
Mahalo to Councilman Greenwell for proposing Resolution 281-09. We applaud him for his leadership and the steps he is taking to legislate that the personal use of Cannabis by responsible adults in the State of Hawaii be decriminalized.
CONTACT: Peaceful Sky Alliance Vice President – Matthew Rifkin
Phone: 917 378 9123
email: peacefulskyhawaii@gmail.com
www.peacefulskyalliance.org
