RULES CALL FOR DOCUMENTING RELIGIOUS ASPECT OF POT USE

Proposed Police Department rules have been expanded to cover investigations
of religious use of marijuana - but the provisions aren't what marijuana
advocates wanted.

The proposed rules say it will be up to the courts - and not the police -
to decide whether a suspect's "claimed religion" qualifies him to use
marijuana legally.

Under the rules, police would still arrest the person claiming a religious
exemption but the arresting officer would be required to document the
defendant's religious claims and include them in a police report.

"Marijuana is against the law," said Capt. James Day. "We have to enforce
the law. If the Legislature changes the law then we do what the law says."

Kona resident Dennis Shields and Puna resident Jonathan Adler have used
religious defenses in court against marijuana charges, contending that it
is a sacrament in the Religion of Jesus Church. Shields lost his case and
Adler's, which ended in a mistrial, is scheduled to be heard again in January.

Both men say they're unhappy with the language in the Police Department's
new proposed rules.

"We really do not find the rules acceptable unless they recognize
registered religious use," said Adler, who has announced plans to seek the
Green Party's nomination for governor. "Our activities remain legal whether
the police recognize them or not."

Shields says the state can't take away his religious freedom without
passing a constitutional amendment. "The fact that there is no amendment
prohibiting the religious use of cannabis means that any rule or regulation
is unconstitutional on its face," Shields said.

The Hawaii County Council in March voted to accept a federal grant that
pays for marijuana eradication. The council imposed several conditions,
however, including that the Police Department make provisions for marijuana
use that may be protected by law or the Constitution.

Earlier this year, police presented a draft of rules requiring that before
they arrest someone for marijuana or seize their plants, they check with
the Department of Public Safety to determine whether the person is licensed
to use marijuana for medical reasons.

At a public hearing in June, as many as 80 percent of the speakers asked
that police also include religious marijuana in the rules, said Lt. Henry
Tavares, head of the Police Department's vice section in Hilo.

"It seems as if they want us to recognize their rights but it is a decision
for the courts to do," Tavares said. "In essence, what they're asking us to
be is judge and jury."

The public may obtain copies of the latest draft of the rules and
regulations from the Police Department's vice sections in Hilo and Kona or
from County Councilman Gary Safarik. Tavares said police will mail a copy
to anyone who request it.

The public will be able to comment on the rules at a hearing at 10 a.m.
Jan. 3 at the Kona police station, 74 - 5221 Queen Kaahumanu Hwy.

The public also may comment on the Police Department's proposed rules
governing marijuana eradication. The draft reports, set to be released
today, also include definitions of terms, as requested by at least one
speaker at the last hearing.

Roger Christie, who claims a religious exemption for marijuana, said he is
encouraged by the religious section in the proposed police rules.

"Even though this isn't the end - all decision, this is a positive
increment," Christie said. "We're going to have a glorious victory here,
I'm sure."