Another case where we know of the Office of The Prosecuting Attorney prosecuting a case that should have been dropped if Mr. Kimura and his office were in compliance with the Lowest Law Enforcement Priority of Cannabis Ordinance is described below:

Hawaiian Acres Resident had an amount that was below the amount limited to ‘Adult Personal Use’.

How would you like threats of a jail term hanging over your head for three years? Too many people are still in court over Cannabis charges that should have been dropped after November 4, 2008 when the Lowest Law Enforcement Priority of Cannabis Ordinance was passed. It's against this County Law that they are still being prosecuted.

A man with three medical marijuana licenses on his fridge was raided in 2006 by Officer John Weber. This guy has been in court ever since. He had 23 plants and an alleged amount of dried material. Officer Weber denied that there were three marijuana licenses on the fridge but the court has since found that in fact, there were three medical marijuana licenses applicable to the property. Officer Weber also weighed the material that was ‘drying’ but not ‘dry’. When it was weighed, stems and stalks were included. In the specific regulations relating to dried product, ONLY the flowering part of the plant (the buds) are to be counted. What it did back then was allow Weber to arrest our Hawaiian Acres man because in theory he was ‘over’ the limit allowed.Then the person whom this case concerns was indicted by a Grand Jury and has been in court ever since.

The point is this: THREE licenses entitle one to seven plants each which would add up to 21 plants. Even if there was, in addition,  some dried Cannabis, the weight of the stems and stalks should never have been counted. And besides .. that case should never have wasted this much time in a court room with all of the costs associated. Three years later and there still hasn’t been a hearing.

It’s just plain wrong. Prosecuting this case is a waste of County money and it’s a waste of time. And it is NOW the LOWEST PRIORITY for the Department of Public Safety in this county to spend money on searching for Cannabis, arresting for Cannabis use or possession or prosecuting for Cannabis use or possession whenever such a case involves 24 or fewer plants for adult personal use.

With three adults on the property, the ordinance would suggest that if they had 60 plants and some dried material (the equivalent of 12 plants), then the police should walk away from that too. The prosecutor needs to go through the books and look at how many more cases like the two already posted here, are about cases involving ‘Adult Personal Use’ as defined by the ordinance.

Here’s that section of the ordinance again for anyone who wants to see just what Mr. Kimura won’t see. According to the law:

Section 14-100. “County Prosecuting Attorneys:”

To the full extent allowed by the Constitution of the State of Hawai‘i, the people, through their county government, request that neither the county prosecuting attorney nor any attorney prosecuting on behalf of the county shall prosecute any violations of the sections of chapter 712-1240 of the Hawai‘i Revised Statutes regarding possession or cultivation of cannabis in a manner inconsistent with the Lowest Law Enforcement Priority, as described in section 14-98 and 14-99 of this article; in cases where the amount possessed or grown is less than twenty four plants or the dried equivalent, possession for adult personal use shall be presumed.

The problem is they need to get it.. It’s the lowest priority. Wake up! The 35,000 voters who passed this ordinance don’t want you prosecuting any more cases of ‘adult personal use’.

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To compare with case #1, go to this link http://peacefulskyalliance.com/wp-admin/post.php?action=edit&post=205&message=1

IF YOU KNOW OF A CASE OR ARE INVOLVED IN A CASE THAT INVOLVES 24 or fewer plants on private property and involving adults over the age of 21 years and you are being prosecuted by Hawaii County then please contact Peaceful Sky Alliance and let us know the details.

Mr. Kimura, please stop prosecuting cases of 'Adult Personal Use.'

The story of what happened to Seattle’s Chief Prosecutor who lost his job because he disrespected the Lowest Law Enforcement Priority of Cannabis Ordinance passed by Seattle voters:
Nobody bawled into their pillow last election night like City Attorney Tom Carr, an eight-year incumbent with the backing of labor unions and city hall, who was trounced by a 26-point margin. “I’m stunned. I thought this would be a tight race,” said challenger Pete Holmes after seeing the first batch of results.

Carr chalked up his drubbing to an “anti-incumbent year.” But that makes less than zero sense, considering Richard Conlin won a fourth term on the city council with over 77 percent support and Nick Licata coasted easily to a third term.

Voters were sick, specifically, of Carr’s bullshit: cracking down on popular clubs, ignoring a voter-approved measure to stop prosecuting marijuana-possession cases, subpoenaing reporters to name confidential sources, and pushing cases for years after the city should have dropped them.

In voting for Holmes, Seattle instituted a new directive for the city attorney, who acts as the city’s primary lawyer and prosecutes misdemeanors in the municipal court. Holmes vowed on the campaign trail to represent the wishes of the people. He’ll stop all pot-­possession prosecution and prize the music scene, he says, and coax the city officials to drop lawsuits when the city is wrong.

“Basically,” said Peter Holmes  “…this is Carr’s worst nightmare. The poor guy…”

The link to the article is : http://www.thestranger.com/seattle/election-2009-winners-and-losers/Content?oid=2708202

Tyrone Brown received a last minute reprieve from death row for smoking pot while on probation

Tyrone Brown served 16 years of a Life Sentence for smoking Cannabis while on probation:

As an example of how much of a joke the Drug War can get to be.. listen to this case; In 1990, Tyrone Brown, then 17 years old, took part in a $2 Dallas stickup in which no one was hurt. He got caught, pleaded guilty to aggravated robbery, and received a sentence of 10 years probation. A few weeks later, he was in court again — because a drug test detected the presence of marijuana in his urine. For still unexplained reasons, his sentencing judge, Keith Dean, threw the book at him. The 17-year-old was resentenced to life in prison, where he remained up until 2007. We can be thankful that eventually the Governor of Texas, Rick Perry saw the wisdom of pardoning Tyrone but long after it was somewhat of a joke. If you google Tyrone Brown, you will see yet another comparison between the kind of harsh sentence you can get for using Cannabis but you don’t see if you are a convicted killer.  But now, thanks to drug reform activists, a Dallas newspaper, a nationally televised investigative journalism program, and outraged citizens across the land, Brown was freed from his life sentence.

We all know that each prisoner in the United States costs taxpayers tens of thousands of dollars each year that they are incarcerated let alone the money it costs and lengthy court procedures that it takes to put each one of them there. Do you really like to think that your tax dollars are being spent to lock up adults who enjoy Cannabis for their own personal use? You might be shocked to know the cost of the Drug War but chances are by now, you might be well familiar of how this outright war on a plant, has usurped our Nations resources and the treasuries of; the Federal Government, the States and Counties all around the country. That’s the reason for ordinances and new legislation that is determining that adult personal use of Cannabis should go from the highest priority of Law Enforcement to the lowest. Enough already!

Is Justice "Blind"? This is our question for the Office of the Prosecuting Attorney

Puna Man sentenced to 18 months jail for selling 2 ounces of Cannabis to a registered medical marijuana user:

A case closer to home received a hearing in the Hilo 3rd circuit court today (Friday November 13). Just to give you an idea of how the Office of The Prosecuting Attorney is spending our County money, take a look at this case. A man 50 years old with debilitating spinal injuries, himself a medical marijuana patient, was caught in 2007 selling marijuana to another medical marijuana patient. He was arrested along with his wife who was 7 months pregnant with their first child. He now has two children since his arrest. This man was not in fact indicted until 18 months later. The Grand Jury indicted him after the passage of the voter ordinance Lowest Law Enforcement Priority of Cannabis Ordinance

This man pleaded guilty to the charges and his lawyer is now negotiating the terms of probation for him. In many cases now, the judges rule against medical marijuana patients being permitted to use Cananbis on probation. This is the same man who has more than one debilitating condition and was actually granted permission by the courts recently to leave the island for hip replacement surgery and time needed for his recovery before resuming his court appearances. His surgeon has determined that there are benefits for him to use Cannabis. His doctor here in Hilo attended court today to testify to the fact that while using Cannabis, this man has been able to reduce the doses of morphine he had become dependent on to manage his pain. In spite of two medical opinions, Judge Greg Nakamura would only say that he would take this testimony ‘under advisement’ which for those of us who don’t know, means he doesn’t have to abide by these doctor’s medical opinion. The question we then ask ourselves, is this: Has this judge taken upon himself the responsibility for managing critical health conditions? This is an affront to the profession of medicine by the profession of justice.

This is yet another case of someone who should have seen all charges against him dropped to say nothing of the fact that it shouldn’t be a crime to supply a medical marijuana user who has been licensed by the State of Hawaii to possess and use Cannabis.  The Lowest Law Enforcement Priority of Cannabis Ordinance specifically MANDATES the prosecutor NOT to prosecute ANY cases that now fall under the description of ‘adult personal use’ as defined by the ordinance so why are they still prosecuting these cases and wasting County funds?

Countless hours of time of the judges and the prosecution have already been wasted in pursuit of this case and it does not appear to be close to ending. This is yet another example of wasted County Funds that is occurring. It’s also a genuine miscarriage of justice as the Office of the Prosecuting Attorney, headed by Mr. Jay Kimura, openly violates our Lowest Law Enforcement Priority of Cannabis Ordinance.

Finding this absurd ? Finding this a waste of County funds? Stay tuned because this is a bad habit the County of Hawaii has and the Prosecutor can’t seem to kick. If you have ‘horror’ stories of your own to share, please feel free to post them below or send them to us at peacefulskyhawaii@gmail.com and we can feature them here on this site.