Big Isle’s pot pulse is sought

“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.