Pubdate: Wed, 5 Nov 2008 Source: West Hawaii Today (HI) Copyright: 2008 West Hawaii Today Contact: http://www.westhawaiitoday.com/contact_us/letters/ Website: http://westhawaiitoday.com/ Details: http://www.mapinc.org/media/644 Author: Bobby Command Bookmark: http://www.mapinc.org/pot.htm (Marijuana) PLANNING COMMISSIONS AND MARIJUANA INITIATIVES PASS Big Island voters have decided it would be best to have two planning commissions and to put the war against marijuana on the back burner. Four of the five Hawaii County ballot initiatives passed Tuesday night, with one -- the creation of the Office of the Legislative Auditor -- heading toward approval with a lead of 342 votes following the third printout and only a few hundred mail-in votes remaining to be counted. Also on the ballot were the reform of initiative and referendum and the stiffening of penalties for civil and criminal violations. In addition, Hawaii County voters also mirrored the state in voting against a constitutional convention and lowering the minimum age to run for governor of Hawaii. Big Island voters voted 40,459 to 21,906 against the Con Con, or 61 to 33 percent, as compared to statewide figures, which were 62 percent to 34 percent. On the lowering of the age qualifications for governor, the Big Island voted 49,831 to 12,624, or 76 percent to 19 percent, compared to 78 percent to 17 percent statewide. The amendment of the Hawaii County Code regarding marijuana enforcement passed 34,957 to 25,464, or 53 percent to 39 percent. Big Island voters have directed police to put a low priority on the enforcement of federal drug laws against adults when the person using marijuana is 21 or older and on their own property. According to the amendment, the county is also prohibited from accepting deputizations or commissions from a federal law enforcement agency for investigating, citing or arresting adults using marijuana on their own property for personal, religious or medicinal purposes. The new law also directs the council not to support the acceptance of funds for marijuana eradication. Supporters said during the campaign that less emphasis on marijuana would leave the police with more time to enforce laws regarding crystal methamphetamine. However, Police Chief Lawrence Mahuna said it is rare that someone arrested solely for a marijuana offense possesses small amounts of the drug. While he was police chief, James Correa also told the County Council that police already placed such crimes on low priority. West Hawaii will also have its own planning commission after the charter amendment passed 37,439 to 22,033, or 57 percent to 33 percent. The Planning Commission is responsible for making recommendations to the County Council on rezoning applications but also has the final say on use permits and special permits. At times it has been criticized as being stacked by the mayor with pro-development interests who are unaccountable to communities affected by its decisions. Those who oppose the initiative say it expands government and is the first step in splitting the island into two counties. The initiative and referendum question passed 31,992 to 22,569, or 49 percent to 34 percent. Voters can create, approve or reject laws by popular vote as in this election with the reform of marijuana enforcement priorities. However, those who wanted to place the 2 percent open space initiative on the ballot two years ago found that the procedure was unwieldy and all but discouraged such moves. The amendment puts the initiative and referendum process in chronological order, in plain language and makes it equitable for both the citizens and the county. It prohibits the council from amending such actions for three years except by two-thirds vote; allows the petitioner to provide a ballot title, question and summary prior to the circulation of any petition; and requires notice if the circulators are being paid for their services. The new procedure also changes requirements for electors signing petitions to add month and day of birth and the last four digits of their social security number and removes the requirement to include their home address, requires publication in two daily newspapers with the largest circulation the ballot title, question, summary and arguments for and against the measure and makes other housekeeping changes. Voters likely approved a change to the charter to establish an Office of the Legislative Auditor, 27,432 to 27,090, or 41.6 percent to 41.1 percent. The new auditor would perform independent audits of all county offices, functions and programs. The new auditor will be appointed by the council for a six-year term and may be removed by a two-thirds vote. The auditor has the authority to conduct performance and financial audits of any county agency or program, has full access to any county employee or record not protected by law and full access to property, facilities or equipment of any county agency or program. The charter was changed by a 36,172 to 20,477 vote, or 55 percent to 31 percent, to double the maximum fine for criminal penalties and make distinctions between civil and criminal penalties for violations. Introduced by Councilwoman Brenda Ford, the amendment increases maximum fines for criminal penalties from $1,000 to $2,000. It also clarifies language to distinguish between civil and criminal penalties for violations of the county charter. Voters refusal to lower the age qualification for the office of governor and office of lieutenant governor from 30 years of age to 25 years were not swayed by the arguments of those who saw 30 as an arbitrary limitation. Opponents said an 18-year old might not be prepared for political leadership. - --- MAP posted-by: Richard Lake