Cannabis News The November Coalition
  Pot Advocates: Police Omitted Users' Rights
Posted by FoM on August 06, 2001 at 07:19:41 PT
By Jason Armstrong, Tribune-Herald 
Source: Hawaii-Tribune Herald  

medical The Police Department was accused of drafting incomplete rules covering new restrictions on its marijuana eradication program by pot advocates who pushed for the "Green Harvest" limits.

Provisions for using marijuana for religious ceremonies are missing from the department's proposed rules, said several of the 26 people who testified at a pubic hearing Friday. The rules cover only helicopter raids and use of medical marijuana by approved patients.

"These rules are faulty," said the Rev. Dennis Shields of The Religion of Jesus Church, where members smoke marijuana as a sacrament.

"I'm here to take you folks to task," Shields told the three senior police officers who conducted the hearing. "The fact is you've ignored the legislative direction of this island."

Before accepting the latest federal grant that pays for the eradication missions, the County Council in March imposed several conditions.

They include mandating that helicopters fly at least 1,000 feet above homes unless "probable cause" exists, drafting rules for the eradication program, and making provisions for marijuana use that may be protected by law or the Constitution.

Marijuana advocates focused on that final provision, claiming the right of religious freedom permits the use of marijuana by churches that advocate smoking pot.

"Where is the written rules and regulations concerning our constitutional protections?" asked Dwight Kondo, who has pushed for greater restrictions on the eradication program and deregulation of marijuana use.

"I don't know how tell you, but life on Earth as I know it is not worth it as long as cannabis is illegal," he added.

Janine Lewis, a member of the Rastafarian religion that also promotes marijuana use, asked for open dialog with police officials, who chose not to respond to testimony at the hearing.

Roger Christie, who called the hearing a "significant step toward ending the extreme prohibition on the most valuable plant on Earth," said helicopters should not be allowed to fly lower than 1,500 feet.

Also, he said complaints about the aerial raids should be directed to the mayor's office, not the police vice section as the proposed rules state.

Emphasizing that he is in no way involved with marijuana use, Henry Ross urged police to amend the rules to define terms like "eradication," "mission" and "probable cause."

Many speakers chose not to comment on rules, but rather touted the benefits of marijuana and marijuana products for healing, nourishment and economic prosperity. Some said pot is far less dangerous than cocaine, heroin and crystal methamphetamine, all of which they claimed have become more common due to the war on marijuana.

In contrast was a letter submitted by David and Trina Parry.

"I find the periodic helicopter flights quite within my tolerance levels knowing what their purpose is," David Parry wrote.

Capt. James Day told the Tribune - Herald that the testimony will be reviewed and revision of the rules considered, but a follow - up hearing to present any changes will be held only if one is mandated.

"We're looking to try to get this done by the end of the month," he said of the process that requires Mayor Harry Kim's signature.

Kim attended a few minutes of Friday's hearing but did not testify. Kim told the Tribune - Herald that he supports continued eradication efforts but wants to ensure the flights are both safe and non - intrusive to residents.

Puna Councilman Gary Safarik, who authored the eradication restrictions, said he agrees with the proposed rules dealing with helicopter surveillance. Safarik noted his main goal was to lessen the impact choppers have on citizens, not to provide for medical and religious uses.

Under the proposed rules, police would not seek search warrants for marijuana grown by the some 100 Big Islanders approved to possess three ounces of dried marijuana for medicinal purposes.

However, they would not be permitted to smoke in public areas, including parks, moving vehicles and workplaces, the proposed rules state.

Before making a search or arrest without a warrant, police would be have to find out if the suspect is certified to use pot, according to the draft.

Another provision directs police to develop a plan, in cooperation with the state Health Department and Attorney General's Office, to give confiscated marijuana to approved patients.

The state agencies have declined to participate in the program. And Safarik, a former police officer, said he does not want police to distribute pot.

Near of the end of the testimony, marijuana advocate Aaron Anderson burst into hearing and requested police assistance to resolve what was turned out to be a physical confrontation he and Christie had with Kondo over a matter unrelated to the hearing.

Police and audience members promptly left the meeting, held at the Hawaii County Building in Hilo, causing about a 15 - minute delay in the proceedings.

Newshawk: Rev. Dennis Shields
Source: Hawaii-Tribune Herald (HI)
Author: Jason Armstrong, Tribune-Herald
Published: August 5, 2001
Copyright: 2001 Hawaii Tribune Herald
Website: http://www.hilohawaiitribune.com/
Contact: editor@hawaiitribune-herald.com

Related Articles & Web Sites:

Drug Policy Forum of Hawaii
http://www.drugsense.org/dpfhi/

Dennis Shield's Home Page
http://hialoha.com/konagold/church/

Residents Rap Marijuana Program
http://cannabisnews.com/news/thread10541.shtml

Big Island Cutting Helicopter Marijuana Raids
http://cannabisnews.com/news/thread10281.shtml


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