Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
With little fanfare, the county has released its first-ever public report on marijuana arrests and prosecutions.
County Clerk Ken Goodenow finalized the report late Monday afternoon as directed by county ordinance 08-181, also known as "Peaceful Sky." The law, which makes adult personal use of marijuana the lowest law-enforcement priority, started as a ballot initiative Hawaii County voters passed by a 53 percent to 38 percent margin Nov. 4.
"I don't know, but I believe that the council chairman ( J Yoshimoto ) will agendize this report sometime soon," Goodenow said. "I've been getting a lot of calls on this report."
"People are aware that it's due out," he said.
Goodenow said that the report would be available in the County Council office and on the county's Web site.
Any council hearings on the report would likely take place in the Committee on Public Works & Intergovernmental Affairs, since the report contains data supplied by the county police and prosecutor on arrests and prosecutions for marijuana offenses that have taken place since Nov. 4.
Of the 197 adults ages 21 and older who have been arrested for 291 marijuana-related offenses in that time, 106 are Caucasian, while Hawaiians were the second-most arrested ethnicity, with 45.
"No real surprises there," said marijuana advocate Roger Christie, who noted he sent a copy of a similar report from the municipal government of Seattle to Goodenow and all council members.
"If you've seen Seattle's report, you'll note that almost all kinds of crime went down when police there made marijuana enforcement their lowest priority. It's been a rousing success."
Christie noted that newly appointed Obama "drug czar" Gil Kerlikowske was Seattle's police chief when that city's "lowest law-enforcement priority" law was enacted in 2003. Christie is hoping that Kerlikowske will accept an invitation to visit the Big Island.
Said Goodenow: "Our report is going to look somewhat different than Seattle's. The way ( Hawaii County's ) ordinance was written is pretty vague."
A further breakdown of the police numbers shows 27 arrests for first-degree commercial promotion of marijuana, a Class A felony punishable by up to 20 years in prison; 20 arrests for second-degree commercial promotion of marijuana, a Class B felony punishable by up to 10 years in prison; 30 arrests for first-degree promotion of a detrimental drug, a Class - felony punishable by up to five years in prison; 35 arrests for second-degree promotion of a detrimental drug, a misdemeanor punishable by up to a year in jail; and 189 arrests for third-degree promotion of a detrimental drug, a petty misdemeanor punishable by up to 30 days in jail.
A letter from Police Chief Harry Kubojiri to Yoshimoto, included in the report, notes that the Hawaii Police Department assisted the federal Drug Enforcement Administration with a marijuana eradication mission on the island in March 2009. The letter also states $13,811 in cash and one vehicle were seized for forfeiture in the time period.
The letter said the department has "no statistical data on the number of marijuana overflights, as these complaints were addressed by the DEA." The "contacts" page on the Police Department's Web site, however, lists a number to call for "inquiries and complaints about marijuana eradication." The number, 961-2253, is that of Lt. Richard Sherlock, who heads the Hilo Vice Section.
The letter also said that the department "does not currently keep statistics of the time and money expended by the County on the enforcement and punishment of marijuana offenses."
The county budget for the fiscal year starting July 1 said that police eradicated 22,740 marijuana plants in Fiscal Year 2007-08; approximately 57,000 in Fiscal Year 2008-09, with an estimate of 5,700 plants to be eradicated this coming fiscal year. Over $272,000 was budgeted for marijuana eradication in 2007-08 and $370,000 in 2008-09.
Mayor Billy Kenoi, however, eliminated $53,000 in the budget earmarked for marijuana eradication, calling it a belt-tightening decision.
A list sent to Yoshimoto by the county prosecutor's office with no letter attached noted 351 marijuana-related prosecutions since Nov. 4. Many of those prosecutions were initiated by arrests before that date.
The prosecutions include 27 for first-degree commercial promotion of marijuana; 9 for second-degree commercial promotion of marijuana; 23 for first-degree promotion of a detrimental drug; 30 for second-degree promotion of a detrimental drug; 256 for third-degree promotion of a detrimental drug; and 6 for promoting contraband at or near a school, school vehicle, or public park, a Class - felony.
Arrests for drug paraphernalia are not included.
"Some of these laws really need to be updated," Christie said. "They can charge someone with paraphernalia for zip-lock bags or flower pots."
In accordance with the statute, Goodenow also wrote and sent letters to officials ranging from Kenoi to President Barack Obama, noting the law's passage, and asking that state and federal authorities not enforce marijuana laws in Hawaii County.
In addition to Seattle and Hawaii County, other municipalities that have passed "lowest law-enforcement priority" laws for marijuana possession by adults include: Hailey, Idaho; Denver, Colo.; Columbia, Mo.; Eureka Springs, Ark.; Santa Barbara, Oakland, Santa Monica and Santa Cruz, Calif.; and Missoula County, Mont.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Hawaii Tribune Herald (Hilo, HI)
Copyright: 2009 Hawaii Tribune Herald
Contact: letters@hawaiitribune-herald.com
Website: Hawaii Tribune-Herald :: Hilo, Hawaii > Front
Author: John Burnett
County Clerk Ken Goodenow finalized the report late Monday afternoon as directed by county ordinance 08-181, also known as "Peaceful Sky." The law, which makes adult personal use of marijuana the lowest law-enforcement priority, started as a ballot initiative Hawaii County voters passed by a 53 percent to 38 percent margin Nov. 4.
"I don't know, but I believe that the council chairman ( J Yoshimoto ) will agendize this report sometime soon," Goodenow said. "I've been getting a lot of calls on this report."
"People are aware that it's due out," he said.
Goodenow said that the report would be available in the County Council office and on the county's Web site.
Any council hearings on the report would likely take place in the Committee on Public Works & Intergovernmental Affairs, since the report contains data supplied by the county police and prosecutor on arrests and prosecutions for marijuana offenses that have taken place since Nov. 4.
Of the 197 adults ages 21 and older who have been arrested for 291 marijuana-related offenses in that time, 106 are Caucasian, while Hawaiians were the second-most arrested ethnicity, with 45.
"No real surprises there," said marijuana advocate Roger Christie, who noted he sent a copy of a similar report from the municipal government of Seattle to Goodenow and all council members.
"If you've seen Seattle's report, you'll note that almost all kinds of crime went down when police there made marijuana enforcement their lowest priority. It's been a rousing success."
Christie noted that newly appointed Obama "drug czar" Gil Kerlikowske was Seattle's police chief when that city's "lowest law-enforcement priority" law was enacted in 2003. Christie is hoping that Kerlikowske will accept an invitation to visit the Big Island.
Said Goodenow: "Our report is going to look somewhat different than Seattle's. The way ( Hawaii County's ) ordinance was written is pretty vague."
A further breakdown of the police numbers shows 27 arrests for first-degree commercial promotion of marijuana, a Class A felony punishable by up to 20 years in prison; 20 arrests for second-degree commercial promotion of marijuana, a Class B felony punishable by up to 10 years in prison; 30 arrests for first-degree promotion of a detrimental drug, a Class - felony punishable by up to five years in prison; 35 arrests for second-degree promotion of a detrimental drug, a misdemeanor punishable by up to a year in jail; and 189 arrests for third-degree promotion of a detrimental drug, a petty misdemeanor punishable by up to 30 days in jail.
A letter from Police Chief Harry Kubojiri to Yoshimoto, included in the report, notes that the Hawaii Police Department assisted the federal Drug Enforcement Administration with a marijuana eradication mission on the island in March 2009. The letter also states $13,811 in cash and one vehicle were seized for forfeiture in the time period.
The letter said the department has "no statistical data on the number of marijuana overflights, as these complaints were addressed by the DEA." The "contacts" page on the Police Department's Web site, however, lists a number to call for "inquiries and complaints about marijuana eradication." The number, 961-2253, is that of Lt. Richard Sherlock, who heads the Hilo Vice Section.
The letter also said that the department "does not currently keep statistics of the time and money expended by the County on the enforcement and punishment of marijuana offenses."
The county budget for the fiscal year starting July 1 said that police eradicated 22,740 marijuana plants in Fiscal Year 2007-08; approximately 57,000 in Fiscal Year 2008-09, with an estimate of 5,700 plants to be eradicated this coming fiscal year. Over $272,000 was budgeted for marijuana eradication in 2007-08 and $370,000 in 2008-09.
Mayor Billy Kenoi, however, eliminated $53,000 in the budget earmarked for marijuana eradication, calling it a belt-tightening decision.
A list sent to Yoshimoto by the county prosecutor's office with no letter attached noted 351 marijuana-related prosecutions since Nov. 4. Many of those prosecutions were initiated by arrests before that date.
The prosecutions include 27 for first-degree commercial promotion of marijuana; 9 for second-degree commercial promotion of marijuana; 23 for first-degree promotion of a detrimental drug; 30 for second-degree promotion of a detrimental drug; 256 for third-degree promotion of a detrimental drug; and 6 for promoting contraband at or near a school, school vehicle, or public park, a Class - felony.
Arrests for drug paraphernalia are not included.
"Some of these laws really need to be updated," Christie said. "They can charge someone with paraphernalia for zip-lock bags or flower pots."
In accordance with the statute, Goodenow also wrote and sent letters to officials ranging from Kenoi to President Barack Obama, noting the law's passage, and asking that state and federal authorities not enforce marijuana laws in Hawaii County.
In addition to Seattle and Hawaii County, other municipalities that have passed "lowest law-enforcement priority" laws for marijuana possession by adults include: Hailey, Idaho; Denver, Colo.; Columbia, Mo.; Eureka Springs, Ark.; Santa Barbara, Oakland, Santa Monica and Santa Cruz, Calif.; and Missoula County, Mont.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Hawaii Tribune Herald (Hilo, HI)
Copyright: 2009 Hawaii Tribune Herald
Contact: letters@hawaiitribune-herald.com
Website: Hawaii Tribune-Herald :: Hilo, Hawaii > Front
Author: John Burnett
