Discussion of pot rules enforcement

Proposed marijuana enforcement regulations are described by some as
adequate given existing laws, but others who advocate pot use for various
purposes claim the draft rules infringe on religious freedom.

Suggested regulations governing "green harvest" operations, as well as
medical and religious use of marijuana in Hawaii County, will be discussed
during a 10 a.m. hearing Jan. 3, in the conference room at Kealakehe Police
Station.

The draft rules are available at the County Council office in Kailua - Kona.

Prompted by a resolution co - sponsored by Councilmen Gary Safarik of Puna
and Curtis Tyler of North Kona, the Police Department assembled rules to
address increasing concern about marijuana eradication and enforcement
policies.

Despite county and state laws to the contrary, federal laws are clear:
Marijuana remains illegal. And neither county nor state law can supersede
federal statutes.

Police Lt. Henry Tavares said the rules put into writing the current police
practices. They were drafted with the input of county law officials,
including county Prosecutor Jay T. Kimura, who Wednesday did not return two
messages.

"These rules would provide guidance for investigating officers who come
upon marijuana," Tavares said, "or who are participating in eradication
operations."

Proposed eradication rules require, among other things, helicopters remain
1,000 feet above ground level, or 500 feet if probable cause exists. They
also prohibit aerial herbicide spraying and require helicopters and
personnel to be clearly marked "police."

Draft medical use rules place limits on the amount of marijuana one can
possess and require patients to have a registry card from the Department of
Public Safety. Rules concerning religious use say all arrests shall be
based upon probable cause and courts shall decide the validity of a
suspect's claims.

Tavares said eradication rules already are being followed, while
supervisors answer questions by officers about medical and religious use on
a case - by - case basis.

Safarik said the draft rules, which he supports, are the best the police
could do given existing laws. He said the eradication rules have addressed
residents' concerns and medical use rules are based on laws passed by the
Legislature.

"But on the religious issue," Safarik said, "I believe the only people who
can change things to the satisfaction of those who use marijuana as a
sacrament are the Supreme Court of the United States."

Safarik said there is ample evidence marijuana provides relief for certain
medical conditions. "But that is such a small segment of our population,
and that's why people are certified by a doctor."

However, Safarik said to go any further on the religious rights issue would
overstep the county's powers. "The police must following that law," he
said. "I feel what has been drafted complies with the law and what we
crafted as a resolution."

Jerry Rothstein of Kailua - Kona said the draft rules are opposite what the
council mandate sought. "They are police - friendly, rather than user -
friendly," he said.

Rothstein said the draft regulations do not fulfill condition seven on the
council resolution, which calls for written rules about any part of
marijuana use protected by state and federal constitutions.

"In both the U.S. and Hawaii Constitutions there is something called
freedom of religion," Rothstein said. "When it says religious freedom, the
presumption is, it's legitimate. But the first word in the rules is 'arrest.' "

Rothstein said his religion, "Ynited Cannabist Academy," meets all
parameters of a legitimate religion as stated in a Hawaii Supreme Court
case called State v. Blake. The requirements, Rothstein said, are the
religion must be legitimate, the user sincere and the use of marijuana a
required sacrament.

While Rothstein said he has smoked marijuana for 35 years, Ynited Cannabist
Academy, which he said he formed three years ago, is sincere with all the
components of a religion, including practices, prayers, teachings and
declarations.

"Who's to say my religion is not legitimate, and who am I to say someone
else's isn't," he said. "I don't want the cops to knock down my door, mess
up my stuff and force me to go to court to prove I have the right to
exercise my religion."

Rev. Dennis Shields of Kona said the council asked police to draft rules
respecting constitutional rights of those who use marijuana for religious
purposes in their own homes.

Instead, Shields said, proposed rules say the police would not recognize a
suspect's claim of protection under the First Amendment, nor would they
determine if the requirements of state v. Blake were satisfied. "The rules
say they will immediately arrest you," he said.

Shields, who said he has been a member of the Religion of Jesus Church
since 1973, said the police should deal with their own problems before
infringing upon the constitutional rights of Big Islanders.

"I'm not alone in the community in recognizing a crisis of honor in our
Police Department," Shields said. "The meeting will be held in the very
building where $50,000 in evidence was stolen. There's Carvalho (promotion
rigging), and down in Ka'u, a girl is claiming police were dealing ice.

"The police should get the corruption out of their own house before they
take the medicine or sacrament out of mine," Shields said.

Safarik said the best situation would be vigorous enforcement of drug laws,
compassion when necessary, and readily available drug rehabilitation programs.

"We have a tremendous drug problem on the Big Island, and it scares me,"
said Safarik, pointing out the recent ****** arrests. "The police are doing
the best they can with the resources they have, but we need a more vigorous
stance on the harder drugs like ice and ******."

bcommand@westhawaiitoday.com


Newshawk: Rev. Dennis Shields
Pubdate: Thurs, 27 Dec. 2001
Source: West Hawaii Today
Copyright: 2001 West Hawaii Today
Contact: bcommand@westhawaiitoday.com
Website:http://www.westhawaiitoday.com/daily/2001/Dec-27-Thu-2001/news/news1.html
Author: BOBBY COMMAND