Pubdate: Sat, 10 Mar 2001
Source: Honolulu Advertiser (HI)
Copyright: 2001 The Honolulu Advertiser, a division of Gannett Co. Inc.
Contact:  P.O. Box 3110 Honolulu, HI 96802
Fax: (808) 525-8037
Website: http://www.honoluluadvertiser.com/
Author: Hugh Clark

HAWAI'I COUNTY AGREES TO NEW RULES ON DRUG RAIDS

HILO, Hawai`i -- The Hawai`i County Council's acceptance yesterday of a 
$160,377 federal drug enforcement grant means police can resume helicopter 
raids on Big Island marijuana patches with some new restrictions in place.

A compromise resolution drafted by Councilman Gary Safarik of Puna and Vice 
Chairman Curtis Tyler III of Kailua-Kona, with help from marijuana advocate 
Dwight Kondo, requires police helicopters to maintain an altitude of at 
least 1,000 feet, requires officers rappelling from choppers to land at 
least 500 feet from homes, and bans herbicide spraying.

The resolution also requires police to turn over the highest grade of the 
marijuana they confiscate to state health officials for use by those 
holding medical marijuana permits.

Police Capt. James Day said he believes police can work under the new rules.

The helicopter raids were grounded last summer when the council refused to 
accept a $265,000 federal grant after members were unable to be insured 
against a threatened impeachment action by pro-marijuana forces.

Council members had to spend their personal funds in a 1999 impeachment 
action initiated by marijuana advocates since the county charter bans the 
use of public monies in such legal cases.

Julia Jacobson of Puna and Nancy Pisicchio of South Kona were the only two 
members on the nine-member council yesterday to vote against the grant 
acceptance.

Council Chairman Jimmy Arakaki had to leave to catch a flight before a vote 
was taken.

The two councilwomen praised the new restrictions as marked improvements in 
police procedures, but said they continue to oppose the raids on general 
principles.

They think police should be shifting their attention to attacking the 
crystal methamphetamine, or "ice," problem.

The pro-marijuana lobby led by Kondo, Dennis Shields, Roger Christie, 
Jonathan Adler and others wanted to limit raids to target growers with 
seven or more plants.

That proposal failed, despite an amendment offered by Jacobson.

The new rules also will require the police department to write rules and 
regulations covering their raids and to submit written reports after each 
operation on the number of plants taken, the location, and any complaints 
and how they were resolved.

Most of those voting for the compromise described it as a balance between 
ridding the island of unwanted commercial marijuana operations and 
respecting the rights of those who use it for medical or religious purposes.
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