POT PRIORITY REPORT DUE MONDAY

Legality Of Initiative Curtailing Marijuana Busts Still In Question

Monday marks an important deadline for the Hawaii County Council, the
county clerk, the county prosecutor, police and the Police Commission.

County Clerk Ken Goodenow is supposed to send his first letter to
officials ranging from Mayor Billy Kenoi to President Barack Obama,
informing them that isle voters made personal use of marijuana by
adults the lowest law enforcement priority, and asking that state and
federal governments not enforce laws against marijuana on the Big Island.

That's according to county ordinance 08-181, the so-called "Peaceful
Sky" initiative, which passed by a 53 percent to 38 percent margin Nov. 4.

The law also directs the County Council to work with the police chief
and police commission to publish a report every June 1 and Dec. 1
containing "the number of arrests, citations, property seizures and
prosecutions" for all marijuana offenses, as well as the number of
complaints about marijuana eradication overflights and other data
about marijuana enforcement. The measure directs the police and
prosecutor to provide "needed data."

County Council Chairman J Yoshimoto said Tuesday that he intends to
meet the reporting deadline.

"I had a chance to talk to the county clerk ... and those items are
being worked on," he said. "We've just got to get the input from
police and the prosecutor."

Kenoi said he has discussed the law's reporting requirements with
Police Chief Harry Kubojiri and Prosecutor Jay Kimura.

"They're more than happy and able and willing to work with the County
Council to come up with that report," he said.

Kimura said that compiling the data "shouldn't be difficult," but
added he still views the ordinance as problematic.

"We're still awaiting an decision by the (state) attorney general (on
the law's validity)," he said.

Kimura added, "I think the council has been informed by the
corporation counsel that there's some problems with parts of the
statute relating to the separation of powers.

"I think part of the problem with the ordinance is that police
enforce and we prosecute crimes committed that are determined by the
state Legislature. As far as the Legislature is concerned, possession
of marijuana and sale is illegal, except for medical marijuana. It's
basically state laws that we enforce."

Both Kubojiri and Corporation Counsel Lincoln Ashida have said in the
past that they, too, are awaiting the attorney general's opinion on the law.

"If the lowest law enforcement priority initiative is deemed to be a
valid law, then it is possible a report may be made," said Deputy
Corporation Counsel Brandon Gonzalez. "It's my understanding that the
Office of the Attorney General is reviewing the lowest law
enforcement priority, the initiative, since the attorney general is
the chief law enforcement officer in the state."

Assistant Police Chief Marshall Kanehailua said the department has
crunched the numbers.

"We are complying with the requirements, but as it states, 'the
County Council shall insure the timely implementation ... by working
with the Chief of Police and the Police Commission' to provide this
data," he said.

Kenoi told citizens at an April 8 talk story meeting in Keaau that he
removed funds for marijuana eradication in the budget for the fiscal
year starting July 1. While at least one marijuana advocate hailed
his announcement as a change in county drug enforcement policy, Kenoi
told the Tribune-Herald the decision was driven by a need to cut costs.

"To make up the $31.8 million shortfall, which is now $38.4 million
after an additional $6.6 million shortfall since March 1 when I
submitted the budget, to May 1, I took out the $53,000 that was in
next year's budget for marijuana eradication," he said.

Marijuana advocate Roger Christie referred to a May 14 New York Times
article in which newly appointed Obama administration "drug czar" Gil
Kerlikowske -- a former Seattle police chief -- said he wanted to end
the notion of a "war on drugs," likely signaling a federal policy
treating drug abuse as more of a public health issue with a reduced
emphasis on law enforcement.

"This is one of the most significant policy shifts in our lifetime,"
Christie said. "I'm inviting him to the island. I'm going to the
mayor's office and the police chief's office and asking if they want
to be a part of that invitation. I would think they would want to be."

Christie said he expects to see a county report with marijuana
enforcement data on June 1.

"The departments are good at keeping numbers -- how many arrests, how
many plants, how many confiscations and all that. It shouldn't be
that tough to put together, if there's the political will to do so.
It will be a measurement of the respect for the will of the voters,
as to what this report looks like. ... The County Council is the
oversight, and it will look pretty bad for law enforcement if they
don't follow the law."

Hawaii County pot stats

According to Hawaii County Police Department -statistics, between
Jan. 1, 2009, and May 29, 2009:

197 people were arrested for offenses ranging from commercial
promotion of marijuana in the first degree to promoting a detrimental
drug in the third degree. Collectively, these arrestees account for a
total of 291 marijuana cases.

Ethnic -breakdown

Caucasian: 106

Hawaiian: 45

Filipino: 13

Japanese: 10

Other: 7

Hispanic: 7

Black: 4

Chinese: 1

Micronesian: 1

Samoan: 1

Tongan: 1

Note: Total of 197 does not include marijuana arrests that were
incidental to or were a result of other criminal investigations;
arrests stemming from the distribution of marijuana; bench warrants,
grand jury indictments, information charging or penal summons arrests
that were the result of investigations initiated prior to Nov. 4,
2008; arrests for marijuana offenses that had occurred on public
property; arrests of, or summons issued to, anyone under the age of 21.