http://www.420magazine.com/forums/ en Sat, 21 Nov 2009 06:48:17 GMT vBulletin 60 http://www.420magazine.com/forums/images_greenish/misc/rss.jpg http://www.420magazine.com/forums/ http://www.420magazine.com/forums/hawaii/106484-summary-hawai-i-county-lowest-law-enforcement-priority-cannabis-ordinance.html Thu, 19 Nov 2009 20:40:58 GMT HERE’S THE HAWAII COUNTY ORDINANCE THAT MAKES CULTIVATION OR POSSESSION OF SMALL AMOUNTS OF CANNABIS THE LOWEST LAW ENFORCEMENT PRIORITY:

The Hawaii County Code has been amended to add a new articlethat is titled and known as ”The Lowest Law Enforcement Priority of Cannabis Ordinance”.

The Lowest Law Enforcement Priority of Cannabis Ordinance was presented as Ballot Measure #1 in the election of November 4, 2008 and was passed by 34,392 votes.

It is now the law in the County Council of Hawaii.

AS THE LAW NOW READS…

1. The County is directed to make Law Enforcement related to cannabis (marijuana) offenses, their lowest law enforcement priority when cannabis is only intended for “adult personal use”.

2. Adult personal use is defined to include the use of cannabis on private property only by persons twenty one years of age or older.

3. County Law Enforcement officials are prevented from accepting deputization from a federal law enforcement agency for purpose of investigating, citing, or arresting citizens or searching or seizing their property if doing so is inconsistent with the Lowest Law Enforcement Priority for Cannabis Ordinance.

4. County Council is Prohibited from authorizing the acceptance of funding to investigate, cite, arrest, prosecute, search or seize property from adults when doing so would be inconsistent with the Lowest Law Enforcement Priority for Cannabis Policy.

5.County Council is directed not to support the acceptance of any funds for the Marijuana Eradication Program.

Source: Peaceful Sky Alliance

]]> Hawaii User http://www.420magazine.com/forums/hawaii/106484-summary-hawai-i-county-lowest-law-enforcement-priority-cannabis-ordinance.html http://www.420magazine.com/forums/hawaii/106481-peaceful-sky-alliance-meeting-police-commission-nov-20-a.html Thu, 19 Nov 2009 20:26:35 GMT Friday November 20, 2009

Appearance of members of the Peaceful Sky Alliance before the Police Commission regarding hearings denied to two residents who filed complaints in March concerning March overflights of ‘Green Harvest’, marijuana eradication helicopters that are in contravention of the Lowest Law Enforcement Priority of Cannabis Ordinance. A hearing was originally denied by Lincoln Ashida who gave information that the County was not involved in the missions. This information turned out to be false and the County Police Department’s involvement was confirmed by Chief Harry Kubojiri in his June 1 report to County Council two months later.

Date: Friday November 20, 2009
Time: 9.00 am
Place: Department of Liquor Control, 101 Aupuni Street Hilo Lagoon Center

]]> Hawaii User http://www.420magazine.com/forums/hawaii/106481-peaceful-sky-alliance-meeting-police-commission-nov-20-a.html http://www.420magazine.com/forums/hawaii/106479-mr-kimura-what-about-lowest-priority-dont-you-understand.html Thu, 19 Nov 2009 20:16:54 GMT The Lowest Law Enforcement Priority of Cannabis Ordinance is a document of nearly 2,000 words that sets new priorities for policy concerning Cannabis in the County of Hawaii. The ordinance prescribes for all County officials and personnel a new direction for Hawai’i County and a new set of priorities that do not involve search, seizure, arrests, prosecution, harassment or intimidation of individuals for ‘adult personal use’ of Cannabis as defined by the ordinance.

Last month the Peaceful Sky Alliance submitted a 60 page document to Hawaii County Council citing numerous departments and naming numerous County Officials who have obstructed the Ordinance or failed to make the necessary changes in policy and practice in order that the County of Hawaii is in compliance with the Lowest Law Enforcement Priority of Cannabis Ordinance.

One of the officials named in the document is Mr. Jay Kimura who heads the Office of the Prosecuting Attorney. His department continues to prosecute cases of ‘adult personal use’ as defined by the ordinance (Cultivation or possession of 24 plants or 24 ounces of dried material on private property by adults over the age of 21 years).We have posted the details of one such case and we plan to post the details of others in the future.

Far from being confusing or unclear, Hawai’i County’s own ‘Lowest Priority’ ordinance was modeled after similar ordinances successfully implemented in other counties and municipalities around the country. There is a special section of the ordinance that addresses the fact that the Prosecuting Attorney for the County of Hawaii is not permitted to spend county funds to prosecute cases which fall under the definition of ‘adult personal use’.

Since our council was served with this summary document, Mr. Kimura has appeared before Council during a special hearing and expressed open defiance and opposition to the law passed by 35,000 voters. Below is the section of the summary document that addresses the failings of Mr. Kimura and his office:

——————–

Office of Prosecuting Attorney not yet in Compliance:

Mr. Jay Kimura of the Office of the Prosecuting Attorney has several times made negative comments concerning the validity of the ordinance as it is written into law. He was heard to make negative remarks about this ordinance when sworn into office for his current term at the Inauguration Ceremony at Afook Chinin Auditorium on December 1, 2008.

In stating a conflict of the “Separation of Powers” doctrine, Mr. Jay Kimura has ignored the fact that as the constitution is written, Federal law, while the “highest law of the land,” does not overrule laws passed by states or local ordinances such as the Lowest Law Enforcement Priority of Cannabis Ordinance.

Mr. Jay Kimura has received a letter from Peaceful Sky Alliance regarding statements he made to the effect that he was waiting for an opinion from the Office of Hawai’i State Attorney General to determine the legality of the ordinance. The chain of correspondence between Mr. Kimura and Mr. Mark Bennett has been requested by the Board of Peaceful Sky Alliance and to date, none has been provided.

Chapter 14, Article 16 of the County Code requires a bi-annual report submitted as follows:

…These reports shall include but not be limited to: the number of all arrests, citations, property seizures, and prosecutions for all Cannabis offenses in the county of Hawai’i, the number of complaints regarding marijuana eradication over-flights; the breakdown of all Cannabis arrests and citations by race, age, specific charge, and classification as infraction, misdemeanor, or felony, the estimated time and money spent by the County on law enforcement and punishment for adult Cannabis offenses, and any instances of officers or deputies assisting in state or federal enforcement of adult Cannabis offenses. These reports shall be published with the cooperation of the County of Hawai’i’s Prosecuting Attorney, the Chief of Police, and all associated law enforcement staff in providing needed data.

While a summary of the “arrests that were the result of those investigations initiated prior to November 4, 2008” was provided, this does not meet the requirement of the ordinance that the report include estimated time and money spent by the County on law enforcement and punishment for adult Cannabis offenses. This information has not been provided by the Office of the Prosecuting Attorney. An audit of the time and money spent by Mr. Kimura’s Office for the prosecution of adult Cannabis offenses has been requested of the Legislative Auditor.

Mr. Jay Kimura received a letter from Peaceful Sky Alliance dated September 9, 2009 notifying him of at least one case that concerns prosecution for an offense that would now be classified as ‘adult personal use’ and would not be subject to arrest or prosecution by our County’s police and prosecution. We have asked Mr. Kimura to review any such cases on the basis that the ordinance states the following request of his department:

…Neither the County Prosecuting Attorney nor any attorney prosecuting on behalf of the County of Hawai’i 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 §14-100 COUNTY PROSECUTING ATTORNEYS

To date, we have not received a reply from Mr. Kimura concerning this matter.

Mr. Kimura should be required to issue a public statement of his full support for the implementation of the ordinance. His full cooperation is required so that appropriate accounting procedures are put in place in order to meet requirements of the County Code. Further, Mr. Kimura should provide public assurance that his department is currently prosecuting no cases of ‘adult personal use’ where this would contravene the Lowest Law Enforcement Priority of Cannabis Ordinance.


NewsHawk: User: http://www.420magazine.com/
Source:
Author: Peaceful Sky Alliance
Copyright: 2009 Peaceful Sky Alliance
Contact: Contact Us – Peaceful Sky Alliance
Website: Mr. Kimura, what about “Lowest Priority” don’t you understand? – Peaceful Sky Alliance ]]> Hawaii User http://www.420magazine.com/forums/hawaii/106479-mr-kimura-what-about-lowest-priority-dont-you-understand.html