HUNDREDS OF POT CHARGES FILED IN 2009

Despite a law making adult use of marijuana on private property the
Big Island's "lowest law-enforcement priority," police filed more than
400 charges last year against people possessing less than an ounce of
pot.

In all, 384 adults on the Big Island were arrested and charged with
various marijuana and related paraphernalia offenses in 2009,
according to figures from Hawaii Police Department.

The largest number of arrests, 134, were in Kona. There were 105
arrests in South Hilo, 97 in Puna, 20 in South Kohala, 11 in North
Kohala, 8 in North Hilo, 5 in Ka'u and 4 in Hamakua.

The arrests resulted in 1,060 marijuana-related charges.

Of the charges filed, 440 were for third-degree promotion of a
detrimental drug, possession of less than an ounce of marijuana. That
number does not reflect how many arrests were made on private
property, how many individuals were charged more than once, or how
many possession charges were lodged in connection with additional offenses.

Third-degree promotion is a petty misdemeanor punishable by up to 30
days in jail and a fine of up to $1,000.

Police Chief Harry Kubojiri did not return a call seeking comment, but
told a County Council committee in October that police are "trying to
comply with the ordinance," which makes possession of 24 or fewer
plants and 24 ounces or less of marijuana on private property the
lowest law-enforcement priority.

In November 2008, almost 58 percent of the island's voters ratified
the "Peaceful Sky" ballot initiative -- which also directs the council
not to accept grants for marijuana eradication.

At the same meeting, County Prosecutor Jay Kimura said that "the
ordinance has no effect on state law" and answered in the affirmative
when asked by Hamakua Councilman Dominic Yagong if adults caught
possessing marijuana were still being prosecuted under state law.

Deputy Police Chief Paul Ferreira said at that time aerial eradication
raids were still being conducted, funded by two federal Drug
Enforcement Administration grants totaling $333,000 that were accepted
prior to the law's passage.

A Jan. 5 letter to Yagong by state Deputy Attorney General Lance Goto
stated that his office could not answer Yagong's request for "legal
counsel and advice concerning Hawaii County's acceptance and use of
marijuana eradication grant funds, and the impact that the county's
'Lowest Law Enforcement Priority of Cannabis Ordinance' has on those
grant funds."

"You may want to consult with your county attorneys about the impact
of the ordinance," Goto wrote.

Goto also opined the state has no jurisdiction over federal grants
awarded directly to the counties.

Police said they flew 13 eradication missions last year, seven in East
Hawaii and six in West Hawaii. Those helicopter fly-overs resulted in
14,054 marijuana plants eradicated -- 9,303 in East Hawaii and 4,751
in West Hawaii.

In addition, police confiscated 5,326 plants in raids last year, as
well as 64 pounds of processed marijuana. Police seized $23,353 for
forfeiture during pot raids, plus a vehicle worth $10,700 and eight
firearms.

A nonbinding resolution introduced by North Kona Councilman Kelly
Greenwell seeking to decriminalize cultivation, possession and use of
marijuana was voted down 5-2 last month. Greenwell and Puna
Councilwoman Emily Naeole-Beason were the only yea votes.

A measure that would make possession of less than an ounce of pot a
civil offense subject to a $100 fine has been introduced on the state
level by Maui Sen. J. Kalani English. Lawmakers killed a similar bill
introduced last year by Puna state Rep. Faye Hanohano.