cannabisnews.com: Police, DEA: Vote Won't Stop Pot Busts










  Police, DEA: Vote Won't Stop Pot Busts

Posted by CN Staff on November 07, 2008 at 18:29:55 PT
By Peter Sur, Tribune-Herald Staff Writer 
Source: Hawaii Tribune Herald 

Hawaii -- The Police Department won't ease enforcement of marijuana laws following the passage of a ballot initiative making that the "lowest law enforcement priority.""No. 1, it's not a law. It's a resolution," Police Chief Lawrence Mahuna said. "No. 2, there will be no change how we prioritize the enforcement of marijuana.
"The resolution does not invalidate federal law," Mahuna said. "It doesn't legalize marijuana. It's still a Schedule 1 controlled substance."We will continue in our efforts to reduce the availability of illegal marijuana," he said."Nothing that's in a resolution can nullify and -- to put it simply -- trump a federal law," Mahuna said. "We can't back a resolution contrary to federal law. And it's in contravention of state law."The initiative took effect upon its approval.Adam Lehmann, director of Project Peaceful Sky, which pushed for the measure, emphasized that the initiative does not decriminalize marijuana."It's only for adult personal use on private property. And really, we talked with some law enforcement officers who wanted to stay anonymous, who were supportive of the bill," Lehmann said.Both Corporation Counsel Lincoln Ashida, the county's top civil attorney, and Lehmann disagreed with Mahuna that it was a resolution. The charter states that an initiative approved by a majority of voters becomes "an ordinance of the county."Ashida said that, as directed in the voter-approved initiative, the County Council cannot accept any funds for marijuana eradication programs, and that the county clerk must send out an annual letter to state and federal elected officials requesting "that ... government remove criminal penalties for the cultivation, possession and use of cannabis for adult personal use."The clause that gives law enforcement officials the biggest headache states that "the cultivation, possession and use for adult personal use of cannabis shall be the lowest law enforcement priority for law enforcement agencies" in Hawaii County. This priority is defined as "a priority such that all law enforcement activities related to all offenses other than the possession of cultivation of cannabis for adult personal use shall be a higher priority than all law enforcement activities related to the adult personal use of cannabis."Lehmann has previously said it will give police the option of reserving funds to focus on more serious crimes, like methamphetamine abuse, rather than going after small-time pot growers."Technically by law (the police) have to honor and respect the local law, but the truth of the matter is that it will be left up to the individual officer's discretion," Lehmann told the Tribune-Herald in June.In May, Ashida wrote to Lehmann that "the Council could not legally, in our opinion, set the order of priority for the enforcement of our criminal laws. Such proposed action would run afoul of the doctrine of separation of powers." He explained that the County Charter allows the council to set the policy but the administration executes that policy."In this case, that means the police and the police alone are responsible for determining law enforcement priority," Ashida wrote."This priority is not something that is given to anybody but the police chief," Mahuna said. "Nothing will change."Responded Lehmann: "That's his decision. He could make a different decision. We hope to work with him. I just can't express that enough."Voters passed the initiative in Tuesday's election 53.1 percent to 38.6 percent, with 8.3 percent leaving the question blank."I will always respect what the voters decide," Ashida said.However, he said, "you cannot do by initiative what you cannot do by ordinance."Prosecuting Attorney Jay Kimura said Tuesday the initiative was unenforceable as written, and that he would check with the state attorney general to see what could be done to implement the initiative.Lehmann disagreed with Kimura."We believe that we've made the adjustments so we believe that provision can be mandated," Lehmann said.The U.S. Drug Enforcement Agency won't change its approach in the light of the initiative."In a nutshell, we're going to continue to enforce the drug laws, which includes marijuana," said Tony Williams, DEA assistant special agent in charge, speaking from Honolulu. He said the focus will remain on those who cultivate marijuana and distribute narcotics."We're not interested in the sick or dying," he added.Source: Hawaii Tribune Herald (Hilo, HI)Author: Peter Sur, Tribune-Herald Staff WriterPublished: Friday, November 7, 2008Copyright: 2008 Hawaii Tribune HeraldURL: http://drugsense.org/url/Zp1LbEgSContact: letters hawaiitribune-herald.comWebsite: http://www.hawaiitribune-herald.com/Related Article:Pot Initiative is a Hot Topichttp://cannabisnews.com/news/thread24235.shtmlCannabisNews -- Cannabis Archiveshttp://cannabisnews.com/news/list/cannabis.shtml

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Comment #16 posted by konagold on November 09, 2008 at 10:45:34 PT

to see how Big Islanders feel read the comments
http://www.westhawaiitoday.com/articles/2008/11/07/local/local03.txt
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Comment #14 posted by FoM on November 09, 2008 at 06:50:42 PT

i420 
You're welcome. When I don't understand complex legal issues I wouldn't vote for them if I could. I didn't vote on issues in my state if it was too complicated and I didn't get it. I never saw an ad for Prop 5 since it was a California issue. 
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Comment #13 posted by i420 on November 09, 2008 at 06:38:23 PT

Thanks FoM
Thanks for the info nice to see some people thought for themselves instead of following the hypocrisy.
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Comment #12 posted by The GCW on November 08, 2008 at 21:17:43 PT

walking and not walking in truth
How many times have people tried to stop cannabis prohibition only to find COPS come around against it?COPS.Who are cops?The people who are trying to end cannabis prohibition are more often, walking in truth.COPS that are against ending the persecutions are not and can not walk in truth.CAN NOT WALK IN TRUTH because they have taken an oath to uphold man's laws which leaves them in the company of the devil.You can not obey Christ God Our Father and obey the devil at the same time.You are either employed by Christ God Our Father or employed by the devil.COPS work for the devil.-0-Sorry, I don't mean to pick on You guys but I have a job to do.I recommend You stop separating Yourselves from the spirit of truth and start walking in truth too.Don't be a cop walkin' with d evil.You are better off having no job, no food, money, house or clothes than working for the devil.-0-Good people have come out and requested that You leave them alone and You say NO.That's not at all loving.
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Comment #11 posted by mykeyb420 on November 08, 2008 at 09:31:19 PT

comment #6
Prop 5 failed ( treatment instead of prison ) because of the same reason why prop 8 passed ( gay ban on marrage )The PEOPLE were LIED to about the ramifacations.AG Jerry Brown went on TV and said that " if prop 5 passes The CHILDREN are in danger of drug lords "Prop 8 supporters told the public that gays were going to rape the children,,and there is nothing a straight parent can do about it.They always use the children as a leverage device when they want to pass a lawWe need to do sopmething about truth in campaigning,,,,STOP THE LIES.IMHO,,,prop 8 will fail in the courts
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Comment #10 posted by FoM on November 08, 2008 at 08:47:15 PT

Hawaii County Latest To Make Pot Low Priority
November 8, 2008http://kdrv.com/news/story-61905
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Comment #9 posted by ripit on November 08, 2008 at 08:46:34 PT:

it's more like
 "we don't give a damn about the sick and the dying" !at least thats what i read in the last line.
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Comment #8 posted by FoM on November 08, 2008 at 08:16:46 PT

i420
When I first heard about Prop 5 I tried to understand it but it was way to complicated for me. I am just an average person who doesn't get deep legal issues. I want to wait and see what an Obama administration decides to do.
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Comment #7 posted by FoM on November 08, 2008 at 08:12:48 PT

i420
It didn't pass. I didn't think it would. 
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Comment #6 posted by i420 on November 08, 2008 at 08:09:05 PT

Whats happened ??
I know they banned gay marraige but what happened with the decriminalization part?? http://cannabisnews.com/news/24/thread24281.shtmlCalifornia poised to ban gay marriage, reject marijuana decriminalization "In one of the more shocking developments of a momentous election, California voters appear to be writing an amendment into the state constitution to ban gay marriage and restrict the institution to be "between a man and a woman." At the same time, they're giving thumbs down to a provision that would emphasize treatment over criminal penalties for drug offenders and decriminalize possession of up to an ounce of marijuana."
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Comment #5 posted by FoM on November 08, 2008 at 06:47:38 PT

i420
It's nice to see you but I'm not sure what you mean about California. 
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Comment #4 posted by i420 on November 08, 2008 at 06:31:47 PT

FoM
What happened with California???
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Comment #3 posted by observer on November 07, 2008 at 21:26:33 PT

Creative Punishing
The clause that gives law enforcement officials the biggest headache states that "the cultivation, possession and use for adult personal use of cannabis shall be the lowest law enforcement priority for law enforcement agencies" in Hawaii County.That's because busting peaceful marijuana smokers must be one of their biggest cash cows. Why would they scream so loudly, otherwise? Busting pot smokers is a rationale and excuse that pervades government at all levels. They can't agree on much, but people (especially government people) can agree that busting pot smokers and heaping more punishments on them, is always the right thing to do. However much cannabis users are punished today, who (but a doper) would argue that marijuana users should not be punished twice as much, tomorrow? You know, for the kids: to send 'em the right message. If we jail them for a year for a joint today, then two years for a joint is right, next year. If four years today, then eight years for a joint, tomorrow. If a $50,000 file for possession today, then why not a $100,000 fine tomorrow? There's no upper bound, no limit to creative punishing. 
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Comment #2 posted by aolbites on November 07, 2008 at 21:00:26 PT

...
FASCIST ASSHOLES.
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Comment #1 posted by HempWorld on November 07, 2008 at 20:24:32 PT

Dear DEA and Police ...
Pretty soon, you will be cut out of your jub! No more money ... it's called a depression... So work on your resume and go hit the phones, you 'services' will soon be obsolete.
On a mission from God!
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