POT ADVOCATES: POLICE OMITTED USERS' RIGHTS

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.