POT ERADICATION METHODS DRAW PROTEST

The members of the Board of Land and Natural Resources got an earful
Thursday during a public hearing on the state's aerial marijuana
eradication program.

The hearing was being held under conditions of a $300,000
appropriation for eradication efforts from the state
Legislature.

Tim Johns, director of the state Department of Land and Natural
Resources, told the roughly 40 persons at the County Building that no
action would be taken on the program until a later date. He said the
meeting was being held to obtain public input on the program in which
marijuana is sprayed with herbicide from hovering helicopters or
plucked from the ground by law enforcement personnel rappelling from
the aircraft.

"This meeting is to hear from you folks," Johns said.

And hear he did. About three-quarters of the roughly 40 people in
attendance testified on the matter with none expressing unconditional
support of the aerial eradication program.

Many, including County Councilwoman Julie Jacobson, called for an end
to the program in its current form.

Advocates of the use of marijuana took advantage of the opportunity to
blast all law enforcement efforts against the illicit plant and to
lobby on behalf of its legalization.

Some of those speaking during the three hours of testimony disputed
claims by the state that DLNR eradication efforts are aimed solely at
public lands, saying their homes had been targeted by low overflights
and sometimes by the spray itself.

But it was not clear whether the flights being referred to were the
state's or part of the Police Department's efforts. Those efforts can
include personnel and equipment from the Hawaii National Guard and the
federal Drug Enforcement Administration, which has two helicopters
stationed at the Hilo International Airport.

A number of those testifying condemned the methods of the eradication
missions.

"You are defiling American citizens with your military-style tactics,"
Aaron Anderson said.

A contingent of residents from Hawaiian Ocean View Estates in Ka`u
pleaded with land board members to restrict the spraying operations,
which they said can result in herbicides drifting into residential
areas and their gardens and into water catchment systems.

Pattie Barry of HOVE said she has collected a variety of evidence that
shows that the eradication efforts had gone too far.

During the meeting land board members collected photos and videotapes
from people who claimed they proved that helicopters on eradication
missions were flying at low elevations and over homes, spraying
herbicide in populated areas.

"Do not spray near our homes," Barry pleaded.

Another HOVE resident, Martie Nitsche, said she feared for the health
of her family from the spraying. Nitsche said she is 67 years old, and
plans to keep on working 14-hour days for another 20 years.

"I don't want to be killed by my government," she said. "Please be
sensitive to our health, to our children and to our animals."

The meeting began on a contentious note, with Puna resident Del Pranke
arguing with Johns over procedures for testimony.

Immediately following that came comments from Mayor Harry Kim, who,
after noting wryly that he "could have been retired" rather than jump
into such frays, told the state officials that he was in favor of
eradication of marijuana plants.

Kim then raised three issues he said needed to be addressed, including
the threat posed by herbicide sprays drifting onto some of the roofs
of the more than 7,000 Big Island homes with catchment systems that
rely on rainwater for household needs. He also said there are concerns
about the spray landing on people's yards, including vegetable gardens.

Kim said the noise from helicopter operations also should be
considered because of its major impact on rural lifestyles.

"I ask for your sensitivity on these three areas," he said, adding
that the program has an effect on everyone in the areas involved,
including "law-abiding people who are truly disturbed by the noise of
the chopper."

Kim reiterated that none of his testimony should be taken as being
against the eradication of marijuana.

The next speaker was Jacobson, who said she was "compelled to voice
the concerns and sentiments of an overwhelming majority" of her
constituents in Puna and Ka`u who have "serious concerns" about the
marijuana eradication program.

She said most of the complaints are not about marijuana itself but
about the use of helicopters and herbicide spray.

"Residents feel that these two activities are an invasion of their
private homes and a potential health risk," she said.

"Therefore, I call for an end to the aerial spraying and use of
helicopters in rural residential areas on this island," Jacobson told
the land board members. She said an "objective statewide program
review" should be conducted to determine the program's impacts.

Some of those testifying blamed land board members personally for the
eradication program.

Well-known marijuana advocate Roger Christie said when the "drug war
is over" they would be "held accountable."

"Some of you people's faces will be on the wall of shame," he
said.

Dennis Shields, a minister in the Religion of Jesus Church, which
claims the use of marijuana in its sacraments, took a more accusatory
tone.

"With all due respect, you're a bunch of losers," he said. "You've
lost the drug war. You're like Hitler in his last days."

Land board members questioned several persons, including hemp
proponent Dwight Kondo, who claimed that law enforcement agents,
including DLNR enforcement personnel, routinely pocket some of the
marijuana -- which goes for up to $500 an ounce -- during eradication
campaigns.

Board member Colbert Matsumoto asked Kondo if he could identify
particular officers involved.

"You suggest this is something pervasive with all law enforcement
agencies on this island," Matsumoto said.

Kondo declined to name names because he feared retribution. "If we
make a case of it ... our lives would be in jeopardy," he said.

Kondo added that it was the citizens' role only to bring the matter to
the state's attention. "It's your responsibility to flush this out,"
he said.

Don McDaniels said state officials who say they have yet to see
evidence of wrong-doing in the program are ignoring the obvious.

"They deny that citizen complaints are evidence," he said. "That shows
on its face that they are insensitive to citizen concerns."

He and others said a lack of recognizable markings on the helicopters
makes it hard to identify which ones are causing problems.

The land board members collected several videotapes from people who
claimed they proved that helicopters on eradication missions were
flying at low elevations and over homes, spraying herbicide in
populated areas.

Several persons told board members the hearing should have been held
in the rural areas most affected by the program.

"If this had been held in our community we would have filled this room
five times," said Don Nitsche, a 71-year-old HOVE resident.