COUNTY RELEASES POT DATA

A Majority Of 197 Arrests Since Nov. 4 Have Been Caucasian

With little fanfare, the county has released its first-ever public
report on marijuana arrests and prosecutions.

County Clerk Ken Goodenow finalized the report late Monday afternoon
as directed by county ordinance 08-181, also known as "Peaceful Sky."
The law, which makes adult personal use of marijuana the lowest
law-enforcement priority, started as a ballot initiative Hawaii
County voters passed by a 53 percent to 38 percent margin Nov. 4.

"I don't know, but I believe that the council chairman (J Yoshimoto)
will agendize this report sometime soon," Goodenow said. "I've been
getting a lot of calls on this report."

"People are aware that it's due out," he said.

Goodenow said that the report would be available in the County
Council office and on the county's Web site.

Any council hearings on the report would likely take place in the
Committee on Public Works & Intergovernmental Affairs, since the
report contains data supplied by the county police and prosecutor on
arrests and prosecutions for marijuana offenses that have taken place
since Nov. 4.

Of the 197 adults ages 21 and older who have been arrested for 291
marijuana-related offenses in that time, 106 are Caucasian, while
Hawaiians were the second-most arrested ethnicity, with 45.

"No real surprises there," said marijuana advocate Roger Christie,
who noted he sent a copy of a similar report from the municipal
government of Seattle to Goodenow and all council members.

"If you've seen Seattle's report, you'll note that almost all kinds
of crime went down when police there made marijuana enforcement their
lowest priority. It's been a rousing success."

Christie noted that newly appointed Obama "drug czar" Gil Kerlikowske
was Seattle's police chief when that city's "lowest law-enforcement
priority" law was enacted in 2003. Christie is hoping that
Kerlikowske will accept an invitation to visit the Big Island.

Said Goodenow: "Our report is going to look somewhat different than
Seattle's. The way (Hawaii County's) ordinance was written is pretty vague."

A further breakdown of the police numbers shows 27 arrests for
first-degree commercial promotion of marijuana, a Class A felony
punishable by up to 20 years in prison; 20 arrests for second-degree
commercial promotion of marijuana, a Class B felony punishable by up
to 10 years in prison; 30 arrests for first-degree promotion of a
detrimental drug, a Class - felony punishable by up to five years in
prison; 35 arrests for second-degree promotion of a detrimental drug,
a misdemeanor punishable by up to a year in jail; and 189 arrests for
third-degree promotion of a detrimental drug, a petty misdemeanor
punishable by up to 30 days in jail.

A letter from Police Chief Harry Kubojiri to Yoshimoto, included in
the report, notes that the Hawaii Police Department assisted the
federal Drug Enforcement Administration with a marijuana eradication
mission on the island in March 2009. The letter also states $13,811
in cash and one vehicle were seized for forfeiture in the time period.

The letter said the department has "no statistical data on the number
of marijuana overflights, as these complaints were addressed by the
DEA." The "contacts" page on the Police Department's Web site,
however, lists a number to call for "inquiries and complaints about
marijuana eradication." The number, 961-2253, is that of Lt. Richard
Sherlock, who heads the Hilo Vice Section.

The letter also said that the department "does not currently keep
statistics of the time and money expended by the County on the
enforcement and punishment of marijuana offenses."

The county budget for the fiscal year starting July 1 said that
police eradicated 22,740 marijuana plants in Fiscal Year 2007-08;
approximately 57,000 in Fiscal Year 2008-09, with an estimate of
5,700 plants to be eradicated this coming fiscal year. Over $272,000
was budgeted for marijuana eradication in 2007-08 and $370,000 in 2008-09.

Mayor Billy Kenoi, however, eliminated $53,000 in the budget
earmarked for marijuana eradication, calling it a belt-tightening decision.

A list sent to Yoshimoto by the county prosecutor's office with no
letter attached noted 351 marijuana-related prosecutions since Nov.
4. Many of those prosecutions were initiated by arrests before that date.

The prosecutions include 27 for first-degree commercial promotion of
marijuana; 9 for second-degree commercial promotion of marijuana; 23
for first-degree promotion of a detrimental drug; 30 for
second-degree promotion of a detrimental drug; 256 for third-degree
promotion of a detrimental drug; and 6 for promoting contraband at or
near a school, school vehicle, or public park, a Class - felony.

Arrests for drug paraphernalia are not included.

"Some of these laws really need to be updated," Christie said. "They
can charge someone with paraphernalia for zip-lock bags or flower pots."

In accordance with the statute, Goodenow also wrote and sent letters
to officials ranging from Kenoi to President Barack Obama, noting the
law's passage, and asking that state and federal authorities not
enforce marijuana laws in Hawaii County.

In addition to Seattle and Hawaii County, other municipalities that
have passed "lowest law-enforcement priority" laws for marijuana
possession by adults include: Hailey, Idaho; Denver, Colo.; Columbia,
Mo.; Eureka Springs, Ark.; Santa Barbara, Oakland, Santa Monica and
Santa Cruz, Calif.; and Missoula County, Mont.