HAWAI'I COUNTY AGREES TO NEW RULES ON DRUG RAIDS

HILO, Hawai`i -- The Hawai`i County Council's acceptance yesterday of a
$160,377 federal drug enforcement grant means police can resume helicopter
raids on Big Island marijuana patches with some new restrictions in place.

A compromise resolution drafted by Councilman Gary Safarik of Puna and Vice
Chairman Curtis Tyler III of Kailua-Kona, with help from marijuana advocate
Dwight Kondo, requires police helicopters to maintain an altitude of at
least 1,000 feet, requires officers rappelling from choppers to land at
least 500 feet from homes, and bans herbicide spraying.

The resolution also requires police to turn over the highest grade of the
marijuana they confiscate to state health officials for use by those
holding medical marijuana permits.

Police Capt. James Day said he believes police can work under the new rules.

The helicopter raids were grounded last summer when the council refused to
accept a $265,000 federal grant after members were unable to be insured
against a threatened impeachment action by pro-marijuana forces.

Council members had to spend their personal funds in a 1999 impeachment
action initiated by marijuana advocates since the county charter bans the
use of public monies in such legal cases.

Julia Jacobson of Puna and Nancy Pisicchio of South Kona were the only two
members on the nine-member council yesterday to vote against the grant
acceptance.

Council Chairman Jimmy Arakaki had to leave to catch a flight before a vote
was taken.

The two councilwomen praised the new restrictions as marked improvements in
police procedures, but said they continue to oppose the raids on general
principles.

They think police should be shifting their attention to attacking the
crystal methamphetamine, or "ice," problem.

The pro-marijuana lobby led by Kondo, Dennis Shields, Roger Christie,
Jonathan Adler and others wanted to limit raids to target growers with
seven or more plants.

That proposal failed, despite an amendment offered by Jacobson.

The new rules also will require the police department to write rules and
regulations covering their raids and to submit written reports after each
operation on the number of plants taken, the location, and any complaints
and how they were resolved.

Most of those voting for the compromise described it as a balance between
ridding the island of unwanted commercial marijuana operations and
respecting the rights of those who use it for medical or religious purposes.