PRIVACY SAFEGUARDS TIED TO POT RAIDS

Big Island police may resume using helicopters to eradicate marijuana
plants, provided they meet new restrictions designed to make the
controversial "Green Harvest" program less intrusive.

The regulations were added by the County Council as part of its 6-2 vote
Friday to accept a $120,253 federal grant to pay for aerial raids.

Marijuana advocate Dwight Kondo, one of the most persistent critics of the
helicopter noise and privacy invasions, suggested the regulations, which
others praised and one lawmaker called "historic."

Police will also start working with the state Health Department and
Attorney General to "develop a plan where a portion of the confiscated
marijuana can be set aside for medical-marijuana use."

The provision was proposed by Puna Councilman Gary Safarik, who said he
wants doctors, rather than police, to distribute the marijuana.

Capt. James Day did not object to the distribution requirement during his
appearance before the council. However, Day questioned another provision
requiring police to develop rules regarding the use and possession of
marijuana for medical or religious purposes.

The rules are intended to account for certain marijuana users who are
protected from prosecution, North Kona Council Curtis Tyler said.

A consistent opponent of accepting money to pay for helicopter raids, Tyler
said the new safeguards made him feel comfortable about supporting the
program for the first time in his four-plus year tenure.

"This is what the public's been asking for for a long time," he said.

Another provision bars police from doing aerial spraying, a technique they
maintain only the state uses in its efforts to kill illegal marijuana plants.

Also, all rapelling must be at least 500 feet from any residence and
flights less than 1,000 feet above a home "shall be restricted unless
probable cause exists," according to the terms of the funding resolution.

The final condition requires police, within 30 days after each eradication
mission, to give the council a report detailing the number of confiscated
plants and the area of the raids. The reports must include the number of
public complaints and what was done to resolve them.

To be eligible for the grant, the county will have to provide a $40,084
match, which can be in the form of manpower. Nearly $118,000 of the total
will be used to rent private helicopters at $650 per hour each, according
to the Police Department's proposal.

Lawmakers last year rejected a similar, $265,000 grant because they could
not find insurance to defend them against an impeachment threat. The
county's aerial-eradication efforts were suspended as a result of the
council's action.

Marijuana advocate Roger Christie, who previously petitioned for the
removal of lawmakers who supported "Green Harvest" funding, told the
Tribune-Herald that he will not file a new impeachment petition solely
because of the new regulations.

Christie added the biggest change is what he sees as an exemption
permitting authorized use for medical or religious purposes.

Program opponent and Ka"u Councilwoman Julie Jacobson called the new
regulations "historic," yet again voted against accepting the money because
she feels it should be used for drug treatment rather than marijuana
eradication.

Jacobson was joined by South Kona Councilwoman Nancy Pisicchio, who cast
the other opposing vote. Pisicchio said the money could be best spent to
combat the use of crystal methamphetamine or "ice."

Chairman James Arakaki left the meeting before the vote was taken.