PFlynn
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Voters will decide in November whether police should give marijuana possession a lower priority than all other crimes.
To do so, the County Council had to disregard the county clerk's determination that a petition drive fell more than 2,600 signatures short of the required number, as well as protests by police, the corporation counsel and dissenting lawmakers that they were creating bad law.
By a 5-4 vote, the council voted to overturn County Clerk Casey Jarman's finding of insufficiency.
Councilmembers Brenda Ford, Bob Jacobson, Emily Naeole, K. Angel Pilago and Dominic Yagong all voted in favor, while Stacy Higa, Pete Hoffmann, Donald Ikeda and J Yoshimoto voted against it.
Ford, Naeole and Yagong initially voted "kanalua," deferring their votes to the end. With the council tied 4-4, and Yagong the last to vote, he paused for about 30 seconds before saying, "aye."
A few minutes later, the council unanimously voted down a bill seeking the same result via the regular lawmaking process.
The "Project Peaceful Sky" initiative, if passed, requires that cultivation, possession and adult personal use of marijuana be the lowest law enforcement priority for Hawaii County.
The "Lowest Law Enforcement Priority" applies to cases involving less than 24 plants or 24 ounces of dried marijuana. The initative also forbids the County Council from accepting any money related to the enforcement of marijuana laws.
Prior to the vote, 24 people from Hilo and Kailua-Kona gave public testimony.
The testimony was heavily in favor of putting the question to voters.
"I ask you to please support this resolution and put this on the ballot," said Adam Lehmann, the chief organizer of the Project Peaceful Sky ballot initiative.
"When I was on chemo," said Athena Peanut, "if not for medical marijuana, I wouldn't have made it through."
Many of the speakers, like Peanut, asked the council to let the people decide.
Before the councilors began discussing the motion, Jarman that she had submitted a certificate of insufficiency for the petition. When Lehmann submitted the 4,954 signatures on June 23, less than half of those signatures - 2,214 - were valid. This fell far short of the 4,848 valid signatures required.
Jacobson, undaunted, introduced a resolution to declare the petition sufficient, and a bill to establish Project Peaceful Sky by the regular ordinance method.
The lawmakers faced a Sept. 5 deadline to get the measure on the ballot; that's why it was waived through a committee vote. However, it hit a roadblock in Corporation Counsel Lincoln Ashida.
Ashida recommended in a letter dated Monday that the council not approve the measure because the wording of the initiative itself may be illegal.
Ashida wrote that any bill or initiative "seeking to direct the Police and Prosecutors to manage their allocation of resources with respect to law enforcement in a specific way violates the separation of powers doctrine, and may even constitute an illegal usurpation of the authority vested (in) our Police and Prosecutors via the Attorney General."
Ashida warned of a "sufficient likelihood" that should this measure pass, the state attorney general could sue the Hawaii County Council, and that this action could expose lawmakers to personal liability.
A former deputy prosecutor, Ashida added that he did not hold an opinion on "the moral implications of such an initiative," and he believed Lehmann's effort was well-intended.
Later in the meeting, pressed by Jacobson, Ashida said the possibility of a lawsuit is "somewhat remote, but never say never."
In response to a question from Higa, Jarman responded that there was no requirement in the Charter that a initiative brought before the council be vetted for legality.
"He (Lehmann) was aware that there was a legal problem that would keep it from going forward," Jarman said.
Despite the problems, Pilago said he would vote to put the bill on the ballot.
Yoshimoto, sitting to Pilago's right, disagreed.
"I'm going to have to follow the advice of our County Counsel," he said. "This has nothing to do with our medical marijuana issue ... I'll keep it short. I can't support it."
Police Maj. Sam Thomas, introduced by Higa, also spoke out against the initiative.
"That would be pretty much in direct conflict. We are sworn to uphold the law of the federal, state and county governments," he said.
"I, too, cannot support this resolution," Ikeda said after hearing Thomas speak, adding that the inability of the petition organizers to get half the required number of signatures indicated a problem with the initiative itself.
"I really think this should go on the ballot so the people can make a decision," Naeole said. "I see a lot of really good people; a lot of their houses get taken away."
Hoffmann voted against the bill because of the language directing the County Council not to accept any marijuana eradication funds.
Despite Yagong's affirmative vote, he earlier expressed concern that while the initiative's language allows 24 marijuana plants, the state only allows seven, and only with a medical marijuana license. Even if this does pass, the county law would not circumvent state law, Ashida told Yagong.
"It's a terrible quandry," he said.
After the bill passed, Lehmann said that Deputy Clerk Kenny Goodenow found the initiative legally sufficient. Lehmann said the bill, as written, would "definitely" be able to survive legal challenges.
"I just really encourage people to consider the issues and study the facts because it has effected a lot of good changes in many other places in our country in the recent past," Lehmann said.
News Hawk: PFlynn - 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Hawaii Tribune Herald
Copyright: 2008 The Hawaii Tribune Herald
Contact: psur@hawaiitribune-herald.com
Website: Hawaii Tribune-Herald :: Hilo, Hawaii > Archives > Local News > Pot use goes to vote of people
To do so, the County Council had to disregard the county clerk's determination that a petition drive fell more than 2,600 signatures short of the required number, as well as protests by police, the corporation counsel and dissenting lawmakers that they were creating bad law.
By a 5-4 vote, the council voted to overturn County Clerk Casey Jarman's finding of insufficiency.
Councilmembers Brenda Ford, Bob Jacobson, Emily Naeole, K. Angel Pilago and Dominic Yagong all voted in favor, while Stacy Higa, Pete Hoffmann, Donald Ikeda and J Yoshimoto voted against it.
Ford, Naeole and Yagong initially voted "kanalua," deferring their votes to the end. With the council tied 4-4, and Yagong the last to vote, he paused for about 30 seconds before saying, "aye."
A few minutes later, the council unanimously voted down a bill seeking the same result via the regular lawmaking process.
The "Project Peaceful Sky" initiative, if passed, requires that cultivation, possession and adult personal use of marijuana be the lowest law enforcement priority for Hawaii County.
The "Lowest Law Enforcement Priority" applies to cases involving less than 24 plants or 24 ounces of dried marijuana. The initative also forbids the County Council from accepting any money related to the enforcement of marijuana laws.
Prior to the vote, 24 people from Hilo and Kailua-Kona gave public testimony.
The testimony was heavily in favor of putting the question to voters.
"I ask you to please support this resolution and put this on the ballot," said Adam Lehmann, the chief organizer of the Project Peaceful Sky ballot initiative.
"When I was on chemo," said Athena Peanut, "if not for medical marijuana, I wouldn't have made it through."
Many of the speakers, like Peanut, asked the council to let the people decide.
Before the councilors began discussing the motion, Jarman that she had submitted a certificate of insufficiency for the petition. When Lehmann submitted the 4,954 signatures on June 23, less than half of those signatures - 2,214 - were valid. This fell far short of the 4,848 valid signatures required.
Jacobson, undaunted, introduced a resolution to declare the petition sufficient, and a bill to establish Project Peaceful Sky by the regular ordinance method.
The lawmakers faced a Sept. 5 deadline to get the measure on the ballot; that's why it was waived through a committee vote. However, it hit a roadblock in Corporation Counsel Lincoln Ashida.
Ashida recommended in a letter dated Monday that the council not approve the measure because the wording of the initiative itself may be illegal.
Ashida wrote that any bill or initiative "seeking to direct the Police and Prosecutors to manage their allocation of resources with respect to law enforcement in a specific way violates the separation of powers doctrine, and may even constitute an illegal usurpation of the authority vested (in) our Police and Prosecutors via the Attorney General."
Ashida warned of a "sufficient likelihood" that should this measure pass, the state attorney general could sue the Hawaii County Council, and that this action could expose lawmakers to personal liability.
A former deputy prosecutor, Ashida added that he did not hold an opinion on "the moral implications of such an initiative," and he believed Lehmann's effort was well-intended.
Later in the meeting, pressed by Jacobson, Ashida said the possibility of a lawsuit is "somewhat remote, but never say never."
In response to a question from Higa, Jarman responded that there was no requirement in the Charter that a initiative brought before the council be vetted for legality.
"He (Lehmann) was aware that there was a legal problem that would keep it from going forward," Jarman said.
Despite the problems, Pilago said he would vote to put the bill on the ballot.
Yoshimoto, sitting to Pilago's right, disagreed.
"I'm going to have to follow the advice of our County Counsel," he said. "This has nothing to do with our medical marijuana issue ... I'll keep it short. I can't support it."
Police Maj. Sam Thomas, introduced by Higa, also spoke out against the initiative.
"That would be pretty much in direct conflict. We are sworn to uphold the law of the federal, state and county governments," he said.
"I, too, cannot support this resolution," Ikeda said after hearing Thomas speak, adding that the inability of the petition organizers to get half the required number of signatures indicated a problem with the initiative itself.
"I really think this should go on the ballot so the people can make a decision," Naeole said. "I see a lot of really good people; a lot of their houses get taken away."
Hoffmann voted against the bill because of the language directing the County Council not to accept any marijuana eradication funds.
Despite Yagong's affirmative vote, he earlier expressed concern that while the initiative's language allows 24 marijuana plants, the state only allows seven, and only with a medical marijuana license. Even if this does pass, the county law would not circumvent state law, Ashida told Yagong.
"It's a terrible quandry," he said.
After the bill passed, Lehmann said that Deputy Clerk Kenny Goodenow found the initiative legally sufficient. Lehmann said the bill, as written, would "definitely" be able to survive legal challenges.
"I just really encourage people to consider the issues and study the facts because it has effected a lot of good changes in many other places in our country in the recent past," Lehmann said.
News Hawk: PFlynn - 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Hawaii Tribune Herald
Copyright: 2008 The Hawaii Tribune Herald
Contact: psur@hawaiitribune-herald.com
Website: Hawaii Tribune-Herald :: Hilo, Hawaii > Archives > Local News > Pot use goes to vote of people
