REVIEW OF POT STANCE SHELVED

Panel Postpones Complaint Against Mahuna Over His Marijuana
Views

The Police Commission on Friday shelved a misconduct complaint against
outgoing Chief Lawrence Mahuna over his words about the county's new
marijuana law.

Marijuana proponent Roger Christie had claimed that Mahuna's
statements to the Hawaii Tribune-Herald after voters passed the
Peaceful Sky initiative -- which makes marijuana possession for
personal use the county's lowest law enforcement priority -- violate
the police department's own rules, which state "Officers and employees
of the department shall observe and obey all Federal and State laws,
Ordinances of the County of Hawaii, and all orders, policies,
directives, regulations, etc. of the department."

Mahuna told the Tribune-Herald that Peaceful Sky is "not a law. It's a
resolution." He also said there "will be no change in how we
prioritize the enforcement of marijuana."

Christie's complaint asked that Mahuna, who is retiring Dec. 31, "obey
the new ordinance of Hawaii County and to make it clear to his
Department that the new law is the will of the people and the law of
the land."

Christie also alleged that Mahuna violated a rule stating: "Officers
and employees shall conduct their lives in such a manner as to avoid
bringing themselves or the department into disrepute."

Christie said Mahuna violated that directive with comments to the
press that included, "If you're pro-drug or pro-marijuana, you're
automatically pro-terrorist." Mahuna also stated that he believes
those with medical marijuana permits are abusing their rights to use
the drug, and "I don't think any god wants anybody to be stoned."
Christie is the founder of the THC Ministry and said he believes the
phrase "God most high" (Genesis 14:18-19) is not a
coincidence.

After private deliberations, the commission moved to defer Christie's
complaint pending an opinion by state Attorney General Mark Bennett on
the "lowest law enforcement priority" initiative, an opinion sought by
county Prosecutor Jay Kimura. He told the Tribune-Herald on Nov. 29
the law "appears to violate the separation of powers requirement under
the (County) Charter and as far as the state marijuana laws, there is
a pre-emption issue."

According to county Corporation Counsel Lincoln Ashida, the commission
has a rule requiring citizens file complaints against officers within
60 days of the alleged misconduct. The commission's deferral waives
that rule to allow Christie to renew his complaint should Bennett rule
that Peaceful Sky is, in fact, enforceable.

Christie said that he was treated respectfully by the commission, but
was "undersatisfied" with their decision to defer.

"I think they passed the buck somewhat," he said. "It's like we're
moving down the field to score and they move the goal posts on us. And
they held (deliberations on the complaint) in a closed session. Not
the best thing for a democracy to have decisions made behind closed
doors.

"I do have respect for Lincoln and for everybody on the commission,
but it just feels a little funky. But I'm willing to see how this
plays out before I give it my final judgment, because I want to be
fair to the commission."

Also unsatisfied with the commission's deferral was Adam Lehmann,
Peaceful Sky chairman, who said he thinks that it's "embarrassing that
both Lincoln Ashida and Jay Kimura, as lawyers, have so much time to
study this new ordinance and they're still not able to speak about
this new ordinance accurately without any reference to the law."