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Police, DEA: Vote won't stop pot busts
Nothing in ballot measure trumps federal law, says police chief
11/7/08|Hawaii Tribune-Herald| by Peter Sur - Tribune-Herald Staff Writer

The Police Department won't ease enforcement of marijuana laws following the passage of a ballot initiative making that the "lowest law enforcement priority."

"No. 1, it's not a law. It's a resolution," Police Chief Lawrence Mahuna said. "No. 2, there will be no change how we prioritize the enforcement of marijuana.

"The resolution does not invalidate federal law," Mahuna said. "It doesn't legalize marijuana. It's still a Schedule 1 controlled substance.

"We will continue in our efforts to reduce the availability of illegal marijuana," he said.

"Nothing that's in a resolution can nullify and -- to put it simply -- trump a federal law," Mahuna said. "We can't back a resolution contrary to federal law. And it's in contravention of state law."

The initiative took effect upon its approval.

Adam Lehmann, director of Project Peaceful Sky, which pushed for the measure, emphasized that the initiative does not decriminalize marijuana.

"It's only for adult personal use on private property. And really, we talked with some law enforcement officers who wanted to stay anonymous, who were supportive of the bill," Lehmann said.

Both Corporation Counsel Lincoln Ashida, the county's top civil attorney, and Lehmann disagreed with Mahuna that it was a resolution. The charter states that an initiative approved by a majority of voters becomes "an ordinance of the county."

Ashida said that, as directed in the voter-approved initiative, the County Council cannot accept any funds for marijuana eradication programs, and that the county clerk must send out an annual letter to state and federal elected officials requesting "that ... government remove criminal penalties for the cultivation, possession and use of cannabis for adult personal use."

The clause that gives law enforcement officials the biggest headache states that "the cultivation, possession and use for adult personal use of cannabis shall be the lowest law enforcement priority for law enforcement agencies" in Hawaii County. This priority is defined as "a priority such that all law enforcement activities related to all offenses other than the possession of cultivation of cannabis for adult personal use shall be a higher priority than all law enforcement activities related to the adult personal use of cannabis."

Lehmann has previously said it will give police the option of reserving funds to focus on more serious crimes, like methamphetamine abuse, rather than going after small-time pot growers.

"Technically by law (the police) have to honor and respect the local law, but the truth of the matter is that it will be left up to the individual officer's discretion," Lehmann told the Tribune-Herald in June.

In May, Ashida wrote to Lehmann that "the Council could not legally, in our opinion, set the order of priority for the enforcement of our criminal laws. Such proposed action would run afoul of the doctrine of separation of powers." He explained that the County Charter allows the council to set the policy but the administration executes that policy.

"In this case, that means the police and the police alone are responsible for determining law enforcement priority," Ashida wrote.

"This priority is not something that is given to anybody but the police chief," Mahuna said. "Nothing will change."

Responded Lehmann: "That's his decision. He could make a different decision. We hope to work with him. I just can't express that enough."

Voters passed the initiative in Tuesday's election 53.1 percent to 38.6 percent, with 8.3 percent leaving the question blank.

"I will always respect what the voters decide," Ashida said.

However, he said, "you cannot do by initiative what you cannot do by ordinance."

Prosecuting Attorney Jay Kimura said Tuesday the initiative was unenforceable as written, and that he would check with the state attorney general to see what could be done to implement the initiative.

Lehmann disagreed with Kimura.

"We believe that we've made the adjustments so we believe that provision can be mandated," Lehmann said.

The U.S. Drug Enforcement Agency won't change its approach in the light of the initiative.

"In a nutshell, we're going to continue to enforce the drug laws, which includes marijuana," said Tony Williams, DEA assistant special agent in charge, speaking from Honolulu. He said the focus will remain on those who cultivate marijuana and distribute narcotics.

"We're not interested in the sick or dying," he added.

king cola

When those efforts work let me know! Government is bailing out corporations costing billions of dollars. Billions more in tax dollars will be wasted fighting the war on marijuana! Since the ban in 1937 they haven't reduced marijuana. What makes them think it's going to change 72 years later?

Theres medical marijuana patients in this country that grow it. The DEA has busted some of those patients in California.

marcusJay

Unfortunately, the cop has it right. State laws or referendums have no bearing on federal laws.

Jared_320

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that is just sickening.... really why not? wouldnt they make easier targets for agents since their in "dire" need of it.

The point that he just mentioned this gives you an idea of how SICK these agents are.
They work for a blind cause. They wake up in the morning and fight an unwinnable war against economic factors that will NEVER change.

oh and let me guess, they do it for the children right.....its about keeping drugs out of the hands of kids right, well it got into my hands so thankyou DEA for doing a great fuckin job!