MARIJUANA FUNDS OK'D - WITH CAVEATS

Police To Target Large - Scale Pot Growers

Rules accompanying federal marijuana eradication funds make it harder for
police to find those growing for home use, but will not hamper large -
scale eradication efforts.

The Hawaii County Council voted 7 - 2 Wednesday to take the $265,000 grant
from the Drug Enforcement Agency, but only if police helicopters used in
the efforts agree to fly at least 1,000 feet above residential areas.

Helicopters will be allowed to fly as low as 500 feet over sparsely
populated areas, such as forest reserves where the large - scale operations
are more likely to be found. Police also can fly lower over a residential
area if they have probable cause that marijuana is being grown.

Acting Council Chairman Curtis Tyler said the new rules represent a
collaboration of all of those involved in the marijuana eradication
controversy and will address privacy concerns that have been festering for
20 years.

"The council is hearing the people and trying to address the complaints
within the law," Tyler said. "The police have made an extraordinary effort
to listen, and now they are trying to mitigate the concerns of citizens,
while at the same time recognizing what we all believe, that commercial
growth of marijuana is not acceptable in this county."

Current eradication efforts usually take place at about 700 feet, a police
official said, and lower if police believe they see marijuana being cultivated.

The two councilwomen voting against the bill - Nancy Pisicchio of South
Kona and Julie Jacobson of Ka'u - said their votes were a symbolic protest
of the use of resources to eradicate marijuana when crystal methamphetamine
use in Hawaii County was reaching "epidemic" proportions.

A number of those who testified against accepting the funds, including East
Hawaii pro - marijuana advocate Roger Christie, said police were wasting
their time eradicating a natural "herb" and violating the privacy of those
who wish to use marijuana in their own homes.

However, some lawmakers said the conditions placed on the police will shift
the emphasis of enforcement to large - scale commercial growers rather than
someone growing one or two plants in their backyard.

"Realistically, this is not an eradication program," Hilo Councilman Aaron
Chung said. "This is better described as a control program."

Jerry Rothstein, who testified against the measure, asked Chung if the
police were going to ignore those growing marijuana strictly for home use.
"You mean if I have a few plants in my yard they are not going to bother me?"

Chung said laws are going to be enforced, but added the target of marijuana
eradication efforts will be commercial growers.

"I can't say that we're here to protect the small user," Chung said. "We're
not condoning the activity by any stretch of the imagination."

Chung said the council recognizes it has to balance residents' rights to
privacy with the ability of the police to go after commercial marijuana
operations.

Christie said the "war" against marijuana has led to the direct opposite on
what is intended.

He said recent program reviews of the marijuana eradication efforts do not
look at the unintended negative effects, such as forcing people to use
harder drugs because they can't get marijuana.

Others who testified said marijuana was a gateway drug that leads to the
use of more potent drugs.

"Five out of six recovering addicts said they started their habits with
marijuana," said Ted Leaf, who said his facts came from those who spoke at
a recent community hearing about the use of crystal methamphetamine, also
known as "ice" or "batu."

Sandra Scarr of Kailua - Kona, who holds a Ph.D. in psychology, said she
does not use marijuana, but calling marijuana a gateway drug was the same
as calling milk a gateway drug, since everyone who now uses hard drugs once
drank milk.

Scarr said the situation needs to be looked at in reverse, and the question
that needs to be asked is, does everyone who smokes marijuana use hard drugs?

"And the answer is, no," she said.

Councilwoman Bobby Jean Leithead - Todd said marijuana is illegal according
to state and federal laws and it is the duty of the county to enforce those
laws.

She said it would be an invitation to organized crime to set up commercial
production of marijuana on the Big Island if laws were not enforced.

In addition to the altitude limitation, no herbicide spraying will be
allowed, rappelling can take place no closer than 500 feet to a residence
and a report on each mission must be filed within 30 days of the operation.

The Police Department also has been asked to work with the state Department
of Health and the Attorney General's office to set aside a portion of
confiscated marijuana for medicinal use, and will develop written rules
describing protected uses of marijuana.