Editor's note: This image has been used to replace a 'handicap logo' that was graphically altered to show a police officer beating someone in a wheel chair and a Cannabis leaf in the top right corner. The reason we took this image out of the post is not because on some level it doesn't ring true for many medical marijuana user (some have gone to jail and many face harsh treatment by police). The reason we decided to replace it with this image of a heart is because we are still hoping that our Police Chief Kubojiri and others will find more compassion for the registered medical marijuana patients of Hawaii County who are currently being targeted. We hope to see a change here in this county and for this reason, we chose to replace the 'old' image of brutality with a 'new' image of what we'd like to see instead: more kindness and more compassion.

Here are excerpts from an article published in The Big Island Weekly October 14, 2009. See below for our comments & mahalo to journalist Tiffany Edwards Hunt and The Big Island Weekly:

The American Civil Liberties Union (ACLU) of Hawai’i has put the Hawaii County Council on notice that police helicopter flyovers for marijuana eradication are believed to be in violation of the Hawaii Constitution, the state’s medical marijuana law, and the county’s Lowest Law Enforcement Priority of Cannabis Ordinance.

“We are particularly concerned that the Hawaii County Police Department (HCPD) is violating individuals’ privacy under Article I, S6 of the Hawaii Constitution, along with the Lowest Law Enforcement Priority of Cannabis Ordinance passed last year, and that HCPD may also be violating state law by targeting medical marijuana patients during these ‘marijuana eradication’ efforts,” ACLU of Hawaii Senior Staff Attorney Daniel Gluck wrote the council’s Committee on Public Safety and Parks & Recreation on Oct. 6. The two-page letter was submitted as testimony to police’s Marijuana Eradication Report for August 2009.

Mr. Kubojiri, what is about 'Lowest Priority' that you don't understand?

Police Chief Harry Kubojiri refuted the claim that police are targeting medical marijuana patients.
“I’m going to repeat, because I’ve said it before, the Hawaii Police Department is not targeting medical marijuana patients during eradication missions,” Kubojiri said.
He maintained that police are in compliance with the Lowest Law Enforcement Priority of Cannabis Ordinance, spending “one-fourth of one percent” of their time and resources on marijuana, which, in his mind, illustrates the drug is a low priority for police.

“On the other hand, I don’t expect my officers nor am I directing my officers to ignore marijuana that they come across incidental to other

investigations that they might be doing,” Kubojiri said.
The police chief pointed out that according to the state and federal laws marijuana is still illegal, and the Lowest Law Enforcement Priority of Cannabis Ordinance does not legalize marijuana. The purpose of marijuana eradication missions is “marijuana suppression, anti-commercial cultivation, anti-trafficking, and anti-distribution of illicit substances, more specifically marijuana,” he said.
“On a daily basis, it makes me feel like I’m being invaded,” Mura  (Pohiki resident) said of the helicopter fly-overs. “It makes criminals out of innocent people. People get disturbed, even those of us without having marijuana in our yards. It makes you wonder what it is like when you are growing. She noted the medical marijuana patients she knows who are growing. “They get so scared, and these people are legal. I mean, your heart rate changes when they start to fly.”

Gluck’s letter … refers to another incident in March in which DEA and HCPD “flew over one resident’s home four times, landed in his neighbor’s yard, and spent well over an hour hovering just a few dozen feet above his home.” DEA and HCPD had raided that same resident’s home in September 2008, despite the resident’s “full compliance with Hawaii’s medical marijuana laws.”

“During that raid, government officials refused to show identification and failed to produce a warrant,” Gluck wrote. “They have not produced a warrant to this date, despite breaking a fence to gain entry to the property. They seized his marijuana and, as a result, his health has suffered enormously. These actions by HCPD are simply unacceptable: this particular resident is a seriously ill medical marijuana patient, and the fly-overs cause him extraordinary distress which he fears may lead to a heart attack or a seizure. His poor health simply cannot take the level of harassment and strain brought on by HCPD.”

Kubojiri maintained that police, prior to executing a search warrant or embarking on an eradication mission, check with the state to see if a particular property owner believed to be in possession of or growing marijuana has a Department of Public Safety-issued medical marijuana certificate.

Dominic Yagong, who is now chair of the Council’s Public Safety and Parks & Recreation Committee after the highly-publicized reorganization, is concerned about allegations that police are targeting medical marijuana patients.

“My main concern has always been those patients who use marijuana for medical reasons,” Yagong said. “It saddens me when you hear of them either being raided or in their description

being harassed, and I hope there is a way we can single out these medical marijuana patients, so they can live their lives without being raided.”

Gluck said in an email to the Big Island Weekly that ACLU of Hawaii wants to see council members, the Mayor’s office, and Hawaii County police working together “to best effectuate the voters’ wishes in passing the lowest law enforcement ordinance last year.”

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Commentary from Peaceful Sky Alliance:

If our Hawaii County Police Department continues to seek out medical marijuana patients for the purposes of identifying that they have no more than seven plants, they are in violation of our County ordinance that has defined ‘adult personal use’ as the ‘lowest law enforcement priority.’

‘Adult personal use’.. 24 plants or 24 ounces on private property by adults over the age of 21 years is our lowest priority period. No discussion. So why, Mr. Kubojiri have we seen your officers in Helicopters and ground crew coming to check on medical marijuana patients and hover over their gardens in helicopters .. ?

Why Mr. Kimura are we still seeing your office prosecute medical marijuana patients for ‘adult personal use’?

Neither of you gentlemen are permitted by law, to use our public funds this way. This has been the law since November 4, 2009. What about “lowest law enforcement priority”  don’t you understand?

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.

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.

Cannabis is medicine & there's still so much to learn.

If you are registered by the Board of Public Safety as a medical marijuana user, you should know all of the conditions below that sets out what you can and can’t do.But caveat emptor or “buyer beware”, the rules and regulations around Cannabis as a medicine for registered medical patients in Hawaii is not intended to make sense.

The first major problem with the law as it stands now is that you can’t buy Cannabis for medical use (it’s illegal to do so) and you also can’t obtain seeds legally. We know this is a little bit of stretch because hey.. aren’t they asking for some kind of miraculous event to happen for each and every marijuana patient since it is illegal to obtain the seeds and it is illegal to buy Cannabis?  Major disconnect here don’t we all think?

Of course if that is to change, the people you need to speak to are your State Legislators (who are pondering on it right this moment) and also a guy named Keith Kamita. This is his picture. He’s the Administrator of the Narcotics Enforcement Division. You should know that this man has never expressed public support for medical marijuana. He has expressed disregard for a broad range of illnesses for which medical marijuana is considered a useful treatment. He made the statement while on the witness stand that medical marijuana should be limited to people with Aids, Leukemia or Cancer. He is concerned, he stated, that too many people just put down ‘pain’ as a reason for needing the medicine. He also gives testimony before the court that Cannabis remains a very dangerous drug. He has said on the witness stand that he considers Cannabis a ‘gateway drug’ and therefore it should not be used in the community except under very controlled conditions.  He also asserted that he believes that since the medical marijuana registry program began, more marijuana has been available for sale to school children (although he never explained if this was ‘fact’ and if it could be verified).   It appears that Mr. Kamita doesn’t like Cannabis and he doesn’t like to see people using it too much. It must be hard for him to find job satisfaction unless you account for those times he gets to authorize someone having their certificate revoked.

We would like to see a new approach from Mr. Kamita.. especially in the light of this weeks news that the AMA don’t want to go on pretending any more that this is a dangerous drug.

To read more about Mr. Keith Kamita & public comments he has made about medical marijuana go to this link here http://www.zoominfo.com/people/Kamita_Keith_16162375.aspx

Also consider taking the survey we designed for medical marijuana users.. It’s intended to gather information so that we can know how better to represent you and your needs as a registered medical marijuana user. There’s a link here and also at the bottom of this post: http://peacefulskyalliance.com/donate-2/

Anyway..  all that aside, here are the limitations you should be aware of as a registered “Medical Marijuana” user:

1. A Qualifying patient shall only have one primary care-giver and only one physician issuing a written certificate at any  time.

2. How much Marijuana am I authorized to grow or possess?

• The qualifying patient and primary care-giver may not possess more than an “adequate supply” not exceeding a total of 3 mature plants, 4 immature plants and 1 ounce of usable marijuana per each mature plan
• It is only to be used to mitigate the symptoms or effects of the qualifying patients debilitating medical condition.

3. Where can Medical Marijuana  be grown?

• Medical marijuana can only be grown at  the qualifying patients home address or the address of the primary caregiver approved by the administrator designated on the registry certificate.
• All plants need to be clearly marked with the patients registration number.

4. Prohibited Areas and Activities

• The sale of marijuana is strictly prohibited!
• The authorized use of medical marijuana shall NOT apply to any activity that endangers the health or wellbeing of another person.
• It is prohibited in any moving vehicle including school and public buses
• It is prohibited in workplaces, school grounds, public parks, beaches recreation centers
• It is prohibited at any place generally accessible to the public

5. Will having a patient registry certificate exempt me from US Department of Transportation drug-testing rules?

• Department of Transportation rules do not recognize medical marijuana as an explanation for a positive test result.
• In addition your employer will be required by DOT rules to remove you from safety-sensitive functions.
• Many other federal agencies and other employers take a similar position.
• Your employer may elect to take other action including termination.
• It is suggested that you speak with your employer relating to the possible consequences of  utilizing medical marijuana in regards to drug testing.
• What if I need to ammend the information on my Registry Identification Certificate?
• Qualifying patients and primary caregivers are required to report any change in information within 5 working days  to: Department of Public Safety, Narcotics Division, 3375 Koapaka St. Suite D-100, Honolulu, HI 96819. No fee is assessed for certificate modification. Failure to report changes will invalidate your certificate and require re-registration and a late fee.

6. What if a patient dies?

• If a patient dies (or no longer suffers from a debilitating medical condition) then either the patient, or their family and their primary caregiver are required to return their certificates within 7 days and have their marijuana supply legally disposed of (it isn’t specified in what manner)
• The qualifying patient’s physician shall notify both the department and the patient when the patients condition no longer warrants the use of medical marijuana.

7. Can the Department of Public Safety terminate my certificate?

• The department has the authority to revoke certificates if the applicant furnished false or fraudulent material or ommitted information, or if the physician’s medical license or state controlled substance registration is suspended or revoked or for violation of any Hawaii Revised Statute 329-126
• When revocation is being proposed, the patient, the primary caregiver and the physician are notified by mail. The patient and/or caregiver may contest the proposed revocation by submitting a written request within 30 days of the notification for an administration hearing in conformity with Chapter 91 Hawaii Revised Statutes.

8. Fraudulent Misrepresentation Penalty:

• Not withstanding any law to the contrary, fraudulent misrepresentation to a law enforcement official of any fact or circumstance relating to the medical use of marijuana to avoid arrest or prosecution under this part or Chapter 712, shall be a petty misdemeanor and subject to a fine of $500.

Have you taken our survey yet? Go here to take it: http://peacefulskyalliance.com/donate-2/

The American Medical Association has finally ruled that Cannabis shouldn't be Schedule 1!

Yesterday, NORML published this news.. the AMA has called for Cannabis (marijuana) to be rescheduled.
Now that’s a headline! The very basis for the drug war was the classification of Cannabis as a ‘schedule 1′ drug. For the last 30 years Cannabis has been vilified and classified as a drug more potent and dangerous than crack or cocaine. Here’s to some profound policy changes all across the land. Here’s to some profound policy changes right here at home, in Hawai’i County.

Yesterday it was announced that the AMA has voted to reverse its longstanding endorsement of cannabis’ Schedule I prohibitive status.
According to a posting on NORML (National Organization for the Reform of Marijuana Laws): “The vote took place during the organization’s annual Interim Meeting of the House of Delegates in Houston, Texas, and marks the first time that the AMA has revisited its position on cannabis in eight years.

Take note everybody. A ‘house of cards’ that has teetered and swayed over us for 30 years is now coming down.

This is huge news! The War on Drugs has been built on a lie and it looks like the lie just doesn’t have anymore hold on us. It’s curtains for the Drug War. May the “Wicked Witch” (as pictured above) finally take a bow and leave the rest of us in peace.

Hawai’i County Officials.. are you listening? This is especially important news to those of you who are still making public statements that our Lowest Law Enforcement Priority of Cannabis Ordianance doesn’t mean anything to you because according to State and Federal law, Cannabis is still a ‘dangerous & illegal drug’. Please take note that the ground beneath you is shifting. The voters in this County have spoken and now, while you are still dragging your feet, you’re seeing changes on the National level.

Spread the word! and for more information.. check out the story as it was posted on the NORML website:

http://blog.norml.org/2009/11/10/ama-calls-for-ending-the-schedule-i-lie/