COM 0102.036 2000-2002 - Laserfiche WebLink

Home

the State of Hawaii has not demonstrated a compelling state interest which the State must do first prior to the invasion of anyonesw privacy for Cannabis in ones home a process which must occur BEFORE the other elements of St. V Blake come into force the state of 1-Iawaii has never completed this burden of proof and can not such a compelling state interest in this case can not in any way be logically demonstrated if the State on one hand allows one to use Cannabis to medically heal then no possible or compelling reason exist to prevent the religious use of cannabis for healing purposes the exact same end reflected in the medicinal affirmative defense the placebo effect is proof positive that faith healing works the Draft rules also fail to address not only the State constitutional right to use Cannabis in the privacy of ones own home but article one section twenty two guarantees ones right to pursue happiness as long as the arrest is only about Cannabis and if its use is in pursuit of happiness in the privacy of ones own home and since their is no demonstration of a compelling state interest then the draft rules must be amended to state that in such cases even probable cause is not sufficient to gain any warranted or warrant-less search or arrest of anyone in the privacy of their own kuleana pursuing happiness via the medical or religious use of Cannabis. These draft rule must draw the line at the threshold of the kuleana that higher priorities exist for lawe enforcement than invading the privacy of ones home if the only so called crime is the private pursuit of happiness and religion via the miracle plant Cannabis the proper, Pono, response of county officials should be to conserve precious Judicial and law enforcement resources and de-prioritize any arrest of anyone on their private property for use of or cultivation because casual glance can not determine whether Cannabis on private residential property is legal or not their are better uses of Police personnel and resources than arresting 615 people a year for so called Cannabis crimes as was done in 2000 the earliest recorded attempt at prohibition was in the Garden of Eden with the first attempt at the forbidden fruit syndrome, this was a miserable failure; if even God cant make prohibition work what makes any fool in government think that they can pull it off the draft rules also fail to make any provision for treaty rights which like the constitutions are the supreme law of the land a recent guest in my home was Iyah Ben Makahna [Ben Guerrero] who won the right to religiously use and transport Cannabis at Guam international airport as the result of the historic Guam Supreme Court decision in his case as of this writing the police are suppressed from interfering with any Guam native who is Rastafari further the rules fail to outline procedures to ascertain the dry weight of any Cannabis prior to performing any arrest the law allows three ounces of dry Cannabis per patient/caregiver combination