MARIJUANA INITIATIVE GOES TO BALLOT

Plastic Bag Ban Bill Moves Forward

Hawaii County residents will get their chance to tell police to make
enforcement of private, adult use of marijuana on one's own personal
property the lowest enforcement priority.

Adam Lehman, director of grassroots group Project Peaceful Sky,
prevailed in asking council members to certify his petition, despite
gathering not even half the required number of valid signatures to
get his initiative on the upcoming ballot. Ka'u Councilman Bob
Jacobson assisted Lehman, by introducing a resolution to certify the
petition, a move that is allowed by the county's charter. Project
Peaceful Sky collected more than 5,000 signatures, but more than
half, 2,600, were deemed invalid.

The group needed more than 4,800 valid signatures to place the
question on the ballot without the assistance of the council.

Jacobson said the large number of people signing the petition, as
well as the number of people he heard of who did not sign the
petition but did support it, convinced him it was a question all
county voters should be able to address.

"People felt they would be subject to problems at work," Jacobson
said. "They felt they had been denied their process in signing."

Council members split five to four to certify the petition, then
voted unanimously against making the petition's proposed ordinance
into law. Defeating the bill automatically sent the proposal to the
ballot. Council Chairman Pete Hoffmann, Kohala, and Hilo councilmen
Donald Ikeda, J Yoshimoto and Stacy Higa all opposed certifying the
petition; Jacobson and North Kona Councilman Angel Pilago voted in
favor of it, while Puna Councilwoman Emily Naeole, South Kona
Councilwoman Brenda Ford and Hamakua Councilman Dominic Yagong
initially voted "kanalua," then voted in favor of certifying the
petition. Yagong, voting last, paused for several long seconds before
announcing his affirmative vote.

"Kanalua" is a "perfectly sound" legislative tool, Hoffmann said,
that is part of the County Council's rules. It allows council members
to delay their vote once, to see how other council members vote.

Hoffmann and Yagong said they were concerned about the petition's
question language, which, in addition to instructing police officers
to consider marijuana use by an adult 21 years or older on private
property the lowest enforcement priority, it also prohibits the
County Council from accepting money to fund cannabis enforcement activities.

Hoffmann's proposal to end the use of plastic bags in retail
establishments took another step forward, as council members approved
the first reading of the ordinance unanimously. Several council
members expressed reservations, particularly as the bill might affect
small business owners.

One small business owner told Jacobson recently that she felt every
action the council took hurt small business owners.

"I think there are methods to make the more palatable," Jacobson
said. "There may be ways to soften the blow."

The ordinance, if it passes second reading, will not take effect
until 12 months after it is signed into law by the mayor. Council
members discussed educational measures for business owners who
currently use plastic bags, but no decision was made.

Council members spent nearly two hours in executive session,
discussing recommendations from the county's Corporation Counsel on
four incidents, including the Equal Opportunity Commission case
involving former county employee Melissa Chang. The five council
members remaining in Keauhou for the meeting voted unanimously to
reject the recommendation regarding the Chang case but said they
still could not comment on the case or the rejected recommendation.
Four council members attended Wednesday's meeting via teleconference in Hilo.

Hoffmann said Wednesday's vote was "not the end" of discussion about
the case. He was unable, because it related to personnel issues and
litigation, to comment further.