HomeMy WebLinkAboutCOM 1088.005 2006-2008
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} Hawai'i County Council Meeting
RE: 2008 Amendment
x F - ' SMETF Attorney General Grant
4 r ° Contract Number: 04-DB-22
Marijuana Eradication
i $159,000 Supplement ri
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2006/2007 SME grant
How Hawaii Police Department spent 2006/2007 Statewide Marduana Eradication
Private helicopter rental ................................................................$149,645.00
(flew for 196.6 hours at $700-$775 hour cost)
Overtime for officers working eradication, search warrants ........................$19,580.66
(total of 503.75 hours of overtime expended)
Off-Island training (tuition and travel expenses)* ....................................$15,995.73
Equipment purchases .....................................................................$11,180.94
(machete/knifes, compasses, gloves, fire-retardant flight suits,
bags, misc. rappel equipment)
Cellular phone service ......................................................................$5,055.53
(duty phones used by vice officers)
Off-Island assistance to other County PD (travel expense)* ..........................$3,609.61
(marijuana eradication and investigations)
Other travel expense* $2146.98
Meals purchased for eradication missions/search warrants ...........................$1,929.62
Miscellaneous supplies & service ........................................................$1,460.51
(duct tape, marking signs, file cabinet, CDRW Drive, canine kennel)
Other grocery supplies for eradication missions ..........................................$843.72
Island Eradication (per Diem expense)* ...................................................$551.70
Total amount of expenditures: $212,000.00
(Federal monies $159,000.00/Department 25% match $53,000.00)
*additional detailed breakdown of costs covered on following pages.
Training Breakdown (off-island):
(travel, tuition and per diem expenses)
Inter-County Criminal Intelligence Unit (ICCIU) conference* .............$3,549.40
Honolulu (March 21-23, 2007) 4 officer expenses
Asset Forfeiture Training* .........................................................$3786.72
Honolulu (May 06-11, 2007) 4 officer expenses
Detection & Dismantling Marijuana "Indoor grow" training ................$8,659.61
California (May 13-17, 2007) 4 officer expenses (additional charged DCE/SP)
*indicates training that is not specific to simply marijuana enforcement
Total training expenses: $15,995.73
Breakdown of assistance rendered to other County Police Departments in State
(Relating to marijuana eradication or investigations, travel & per diem expenses)
Maui Police Department I I-12/16-06 (1 officer expenses) ...........................$98.90
(additional expenses charged to 2006 DCE/SP grant)
Kauai Police Department 04-08/11-07 (1 officer expenses) .........................$508.88
Maui Police Department 06-06/08-07 (1 officer expenses) .........................$376.28
Maui Police Department 06-11/15-07 (1 officer expenses) ......................$1,013.92
Honolulu Police Department 06-18/19-07 (1 officer expenses) ........................$365.89
Honolulu Police Department 07-15/17-07 (1 officer expenses) ..........................$86.01
(additional expenses charged to 2007 DCE/SP grant)
Kauai Police Department 07-15/20-07 (1 officer expenses) ........................$980.25
Maui Police Department 12-03/04-07 (1 officer expenses) ........................$179.48
Total assistance expense: $3,609.61
Breakdown of Island Eradication; per diem for outside district participation:
14rr
East Hawaii mission 06-04/06-07 (2 officer expenses) ............................$551.70
Total Island Eradication per diem expense: $551.70
Other Travel expense:
New Pilot Performance Evaluation 04-17/19-07 (1 officer expenses) $624..58
Oahu
Hawaii Police Department officer to travel to Washington DC to receive National
Marijuana Eradication Award & recognition of exemplary performance related to
marijuana investigations officer conducted in 2007 ...................................$1,522.40
Total Other Travel expense: $2146.98
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Other "Non-Mil, grants
Other "Hard Drug" (non-mariiuana) grants available to Hawaii County Police
The below listed grants are what the Police Department currently utilizes to enforce laws
regarding "hard drugs" such as crystal methamphetamine ("ice"), cocaine and heroin.
The amount of monies available in these grants is notably less that the grants that fund
marijuana eradication due to the high cost of helicopter operations. Training, equipment
and other expenses that qualify under "marijuana enforcement" but also overlap into the
"hard drug" category, are currently charged to the marijuana eradication grants whenever
possible.
Title: Hawaii Narcotics Task Force
Project Period: 03-01-08/02-28-09
Federal grant monies: $60,000
Department match: $15,000
Total project amount: $75,000
® Title: HI Impact (FY 2007)
Project Period: 01-01-07/12-31-08
Federal grant monies: $104,586.00
Department match: None
Total project amount: $104,586.00
Title: HI-Impact (FY 2008)
Project Period: 01-01-08/12-31-08 (can be extended upon request)
Federal grant monies: $85,129.00
Department match: None
Total project amount: $85,129.00
O+V V O/ y
Harm Kim James S. Correa
h(nynr - Police Chief
r
Cnuntp of ~amaii
POLICE DEPARTMENT
349 Kapiolani Strect Hilo, Hawaii 96720-3998
(808) 935-3311 Fax (808) 961-8869
July 25, 2002 2002-122
TO COM
FROM J E . POLICE CHIEF
SUBJECT: RULES AND REGULATIONS GOVERNING MARIJUANA ERADICATION
OPERATIONS AND RECONNAISSANCE MISSIONS
RULES AND REGULATIONS GOVERNING INVESTIGATIONS
INVOLVING THE MEDICAL AND RELIGIOUS USE OF MARIJUANA
Effective immediately, please be guided by the attached Rules and Regulations
Governing Marijuana Eradication Operations and Reconnaissance Missions as well as
Rules and Regulations Governing Investigations Involving the Medical and Religious
Use of Marijuana.
Commanders shall ensure that personnel under their command are familiar with these
procedures.
WDP:vta
Atts.
`1r+'
HAWAII POLICE DEPARTMENT
RULES AND REGULATIONS GOVERNING
MARIJUANA ERADICATION OPERATIONS
AND RECONNAISSANCE MISSIONS
I. PURPOSE
To establish rules and regulations relative to marijuana eradication operations and
marijuana reconnaissance missions only, conducted by the Hawaii Police
Department.
II. DEFINITIONS
A. "Aerial observer" means a law enforcement officer, in an aircraft, assigned
to locate illegally cultivated marijuana plots and/or direct ground personnel
to illegally cultivated marijuana plants.
13 "Manual eradication" means the uprooting or cutting and destruction of
illegally cultivated marijuana plants.
C. "Marijuana eradication operations" means the function of locating and
eradicating illegally cultivated marijuana.
D. "Marijuana reconnaissance missions" means the function of locating and
mapping illegally cultivated marijuana plots for future enforcement efforts.
E. "Probable cause" means facts and circumstances within a law enforcement
officer's knowledge and of which the law enforcement officer has
reasonably trustworthy information that are sufficient in themselves to
warrant a person of reasonable caution in the belief that a crime has been or
is being committed (Hawaii Revised Statutes Section 803-5).
F. "Short term airborne operations" (STABO) means the aerial transportation of
personnel, harvested marijuana or equipment while attached by a rope or
similar device to the underside of a helicopter.
III. POLICY
For the safety and welfare of the public and law enforcement personnel and to
maintain a consistent operating procedure and ensure public confidence in the
r- program, all members participating in marijuana eradication operations and other
~.r
MARIJUANA ERADICATION OPERATIONS
AND RECONNAISSANCE MISSIONS
PAGE 2
marijuana enforcement efforts shall adhere to the policies and procedures as set
forth by the Hawaii Police Department. Members may include personnel from
other law enforcement agencies assisting the Hawaii Police Department in
marijuana eradication enforcement efforts.
IV. HELICOPTER RECONNAISSANCE MISSION
A. The mission is to locate and map illegally cultivated marijuana plots for
future eradication and search warrant missions.
B. Police aerial observers who are taking part in a marijuana reconnaissance
mission shall make every reasonable effort to ensure that the aircraft
maintains a minimum altitude of 1000 feet while directly over homes,
buildings, urban and rural areas used mainly for family dwellings and
immediate areas where livestock is contained. Should probable cause exist
that illegal marijuana plants are being cultivated; the helicopter may descend
to a minimum altitude of 500 feet.
C. An altitude of 500 feet may be maintained while in any air corridor used
primarily by commercial tour helicopters flying at 1000 feet, during the
hours of normal tour operations.
V. MARIJUANA ERADICATION OPERATIONS
A. The mission is to locate and eradicate illegally cultivated marijuana plants
on public and private lands.
B. The helicopter shall maintain a minimum altitude of 1000 feet while directly
over homes, buildings, urban and rural areas used mainly for family
dwellings and immediate areas where livestock is contained. Should
probable cause exist that illegal marijuana plants are being cultivated; the
helicopter may descend to a minimum altitude of 500 feet to confirm the
initial observations.
C. An altitude of 500 feet may be maintained while in any air corridor used
primarily by commercial tour helicopters flying at 1000 feet, during the
hours of normal tour operations.
D. The helicopter, during marijuana eradication operations, may descend below
the altitude of 500 feet to insert and extract police personnel from illegal
'rr
MARIJUANA ERADICATION OPERATIONS
AND RECONNAISSANCE MISSIONS
PAGE 3
marijuana fields and to remove harvested illegal marijuana plants and
equipment.
E. In situations where the helicopter is required to fly below 500 feet, a
distance of at least 500 linear feet shall be maintained from all homes,
buildings and immediate areas where livestock may be present.
F. Flights over homes and buildings shall be avoided, when airlifting by long-
line, personnel, harvested marijuana, and equipment.
G. In the event of an in-flight emergency, the police aerial observer and aircraft
pilot may use their discretion in deviating from the established practices and
procedures. An example of an in-flight emergency is an engine failure.
VI. MANUAL ERADICATION
A. The police aerial observer will direct ground personnel to illegally cultivated
marijuana plants, while at the same time, observing the requirements set
forth in Section V, subsections C, D and E.
B. All personnel shall be responsible for keeping a count of the marijuana
plants personally eradicated, to include the area and number of plots. These
numbers shall be relayed to the team leader who will inform the mission
commander or his designate at the end of each day of the operation.
VII. RAPPEL METHOD OF ERADICATION
A. Rappel and short term airborne operations (STABO) techniques to place
personnel in illegal marijuana plots, and/or extract personnel from illegal
marijuana plots are permitted, provided the height and distance requirements
as set forth in Section V, subsections C, D and E are observed.
VIII. IDENTIFYING HELICOPTERS AND VEHICLES
A. Helicopters involved in marijuana eradication operations, with the exception
of the Drug Enforcement Administration's and the Hawaii Army National
Guard's helicopters, shall be marked with the words "POLICE" or letters
"HPD" in such a size that it is discernible from at least 500 feet.
B. Vehicles taking part in a marijuana eradication operation shall be marked
with the words "POLICE" on both sides of the vehicle.
`vr
MARIJUANA ERADICATION OPERATIONS
AND RECONNAISSANCE MISSIONS
PAGE 4
IX. IDENTIFYING LAW ENFORCEMENT PERSONNEL
A. All sworn law enforcement personnel participating in a marijuana
eradication operation shall be properly identified with the police issued
coveralls, or other appropriate attire approved by the Department, which
will distinguish them as police officers.
X. COMPLAINT AND/OR INFORMATION LINE
A. During marijuana eradication operations conducted by the Hawaii Police
Department, all telephone calls regarding complaints and/or information
shall be routed to the Vice Section in charge of the operation.
B. All complaints and/or comments received during a marijuana eradication
operation shall be documented utilizing the approved form (copy attached)
and shall be maintained for a period of at least five years.
XI. RECOVERY OF EVIDENCE/DISPOSAL OF MARIJUANA
A. An Evidence and Property Receipt (HPD/REC-005A) shall be completed for
all property recovered in accordance with the Hawaii Police Department
Evidence Procedures.
B. Disposal of all illegally cultivated marijuana with no evidentiary value shall
be in accordance with the Hawaii Police Department Evidence Procedures,
Section XVI, subsection G.
XII. AERIAL HERBICIDE SPRAYING
A. The Hawaii Police Department shall not conduct aerial spraying of herbicide
to eradicate cultivated marijuana plants, in accordance with County of
Hawaii Resolution 46-01 and 87-01.
XIII. SENSITIVE AREAS
A. The mission commander or his designate, prior to the start of the operation,
shall inform supervisory personnel involved in marijuana eradication
operations of relevant environmentally sensitive areas where overflying
and hovering helicopters may endanger plants and wildlife.
*1r/
MARIJUANA ERADICATION OPERATIONS
AND RECONNAISSANCE MISSIONS
PAGE 5
B. All supervisory police personnel involved in marijuana eradication
operations shall brief their team members prior to each mission of relevant
environmentally sensitive areas where overflying and hovering helicopters
may endanger plants and wildlife.
XIV. SPECIAL CONDITIONS
A. Notwithstanding the exclusive purpose of these rules and regulations, it is
specifically understood that these rules and regulations do not prohibit the
Hawaii Police Department and any law enforcement agency assisting in
marijuana operations from deviating from these procedures in the interest of
public safety or officer safety during an emergency-, for example, injury to
persons on the ground.
HAWAII POLICE DEPARTMENT
COUNTY OF HAWAII o
By l~
JAMES S. A
POLICE CHIEF
Date'44*r - o i
COUNTY OF HAWAII r
By: l
ARRYI
MAYOR
Date:
14rr
HAWAII POLICE DEPARTMENT
'rrr
RULES AND REGULATIONS GOVERNING
INVESTIGATIONS INVOLVING THE MEDICAL AND RELIGIOUS
USE OF MARIJUANA
L PURPOSE
To establish rules and regulations relative to investigations conducted by the Hawaii
Police Department, involving the medical and religious use of marijuana.
II. DEFINITIONS
A. "Adequate supply" means an amount of marijuana jointly possessed between the
qualifying patient and the primary caregiver that is not more than is reasonably
necessary to assure the uninterrupted availability of marijuana for the purpose of
alleviating the symptoms or effects of a qualifying patient's debilitating medical
condition; provided that an "adequate supply" shall not exceed three mature
marijuana plants, four immature marijuana plants, and one ounce of usable
marijuana per each mature plant (Hawaii Revised Statutes Section 329-121).
B. "Debilitating medical condition" means:
1. Cancer, glaucoma, positive status for human immunodeficiency virus, acquired
immune deficiency syndrome, or the treatment of these conditions,
2. A chronic or debilitating disease or medical condition or its treatment that
produces one or more of the following:
(a) Cachexia or wasting syndrome;
(b) Severe pain;
(c) Severe nausea;
(d) Seizures, including those characteristic of epilepsy; or
(e) Severe and persistent muscle spasms, including those characteristic of
multiple sclerosis or Crohn's disease, or
3. Any other medical condition approved by the Department of Health pursuant to
administrative rules in response to a request from a physician or potentially
qualifying patient (Hawaii Revised Statutes Section 329-121).
C. "Immature marijuana plants" means a marijuana plant, whether male or female, that
has not yet flowered and which does not yet have buds that are readily observed by
unaided visual examination (Hawaii Administrative Rules, Title 23, Department of
INVESTIGATIONS INVOLVING THE MEDICAL
AND RELIGIOUS USE OF MARIJUANA
PAGE 2
Public Safety, Subtitle 3, Law Enforcement, Chapter 202, Medical Use of
Marijuana, Section 2).
D. "Marijuana" means all parts of the plant (genus) Cannabis whether growing or not;
the seeds thereof, the resin extracted from any part of the plant; and every
compound, manufacture, salt, derivative, mixture, or preparation of the plant, its
seeds or resin. It does not include the mature stalks of the plant, fiber produced from
the stalks, oil, or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the
resin extracted therefrom), fiber oil, or cake, or the sterilized seed of the plant which
is incapable of germination. (Hawaii Revised Statutes Section 712-1240).
E. "Mature marijuana plant" means a marijuana plant, whether male or female, that has
flowered and which has buds that are readily observed by unaided visual
examination (Hawaii Administrative Rules, Title 23, Department of Public Safety,
Subtitle 3, Law Enforcement, Chapter 202, Medical Use of Marijuana, Section 2).
F. "Primary caregiver" means a person, other than the qualifying patient and the
qualifying patient's physician, who is eighteen-years-of-age or older who has agreed
to undertake responsibility for managing the well-being of the qualifying patient
with respect to the medical use of marijuana. In the case of a minor or an adult
lacking legal capacity, the primary caregiver shall be a parent, guardian, or person
having legal custody (Hawaii Revised Statutes Section 329-121).
G. "Probable cause' means facts and circumstances within a law enforcement officer's
knowledge and of which the officer has reasonably trustworthy information that are
sufficient in themselves to warrant a person of reasonable caution in the belief that a
crime has been or is being committed (Hawaii Revised Statutes Section 803-5).
H. "Qualifying patient" means a person who has been diagnosed by a physician as
having a debilitating medical condition (Hawaii Revised Statutes Section 329-121).
1. "Usable marijuana" means the dried leaves and flowers of the plant Cannabis family
Moraceae, and any mixture of preparation thereof, that are appropriate for the
medical use of marijuana. "Usable marijuana" does not include the seeds, stalks, and
roots of the plant (Hawaii Revised Statutes Section 329-121).
III. MEDICAL MARIJUANA GUIDELINES
The medical marijuana law places a substantial burden on law enforcement officers to
anticipate potential medical use claims in the initial stages of the investigation. Officers
are to be guided by:
INVESTIGATIONS INVOLVING THE MEDICAL
AND RELIGIOUS USE OF MARIJUANA
PAGE 3
A. Hawaii Administrative Rules, Title 23, Department of Public Safety, Subtitle 3, Law
Enforcement, Chapter 202, Medical Use of Marijuana;
B. Sections 329-121 through 329-128 of the Hawaii Revised Statutes, as amended,
governing the medical use of marijuana, registration requirements, and the afforded
protection it may provide to the qualifying patient, primary caregiver and physician.
IV. CONDITIONS OF USE (REGISTRATION REQUIREMENTS)
A. A qualifying patient must have a registry identification certificate from the
Department of Public Safety that identifies a patient authorized to engage in the
medical use of marijuana, the patient's physician, the patient's designated primary
caregiver, if any, and the location of the authorized marijuana plants.
B. All primary caregivers must have a valid registry identification certificate from the
Department of Public Safety that identifies a patient authorized to engage in the
medical use of marijuana, the patient's physician, the patient's designated primary
caregiver, and the location of the authorized marijuana plants. Every primary
caregiver shall be responsible for the care of only one qualifying patient at any given
time.
C. A qualifying patient and a primary caregiver may not jointly possess more than the
"adequate supply." If a qualifying patient and a primary caregiver possesses,
delivers, or produce marijuana in excess of the amounts allowed, such individuals
are not exempted from the criminal laws of the Federal and/or State governments.
D The medical use of marijuana authorization shall not apply to the medical use of
marijuana that endangers the health or well-being of another person-, in a school bus,
public bus or any moving vehicle; in the workplace of one's employment; on any
school grounds; at any public park, public beach, public recreation center, recreation
or youth center; or any other place open to the public.
V. DETERMINING REGISTRATION STATUS
Officers investigating a possession and/or cultivation of marijuana incident should
ascertain as part of the investigation whether the person has a legal right to acquire,
possess, cultivate, or use marijuana as described in Section 329-122 of the Hawaii
Revised Statutes, as amended, Medical use of marijuana; condition of use.
A. Stops and Encounters - Warrantless Arrests and Searches. Before making a
warrantless arrest or warrantless search or seizure based on probable cause, an
officer shall ascertain if the person has a registry identification certificate, unless
INVESTIGATIONS INVOLVING THE MEDICAL
AND RELIGIOUS USE OF MARIJUANA
PAGE 4
evidence exists of conduct that would disqualify the person from the medical use of
marijuana defense (Hawaii Revised Statutes, Chapter 329-125).
1. An officer may confirm the claim of possessing a valid registry identification
certificate by a qualifying patient or primary caregiver by contacting the
Department of Public Safety. The Department of Public Safety can be
contacted by telephone, 24 hours a day, at (808) 837-8470.
2. If the person is not present, but their identification is known, an officer shall
check with the Department of Public Safety to determine if the person is a
registered qualifying patient or primary caregiver.
3. If the identification of the person is not known, an officer shall check with the
Department of Public Safety, to determine if the location is a registered
medical marijuana growing site.
B. Search Warrants. Before seeking a search warrant, an officer shall check with the
Department of Public Safety, by name and/or location, to determine whether the
person under investigation has been issued a registry identification certificate.
1. If the Department of Public Safety indicates that the person under
investigation is currently registered or that the location where marijuana is
being grown is listed as a medical marijuana growing site, no warrant should
be sought, unless evidence exists of conduct that would disqualify the person
from the medical use of marijuana defense, or probable cause exists that
another criminal offense has been or is being committed.
2. The Affidavit for Search Warrant shall include that checks were conducted
with the Department of Public Safety and the result of such checks.
C. Marijuana Eradication. Officers participating in marijuana eradication missions
shall be guided by the above procedures and the rules and regulations governing
marijuana eradication operations and reconnaissance missions.
VI. EXCEPTIONS
A. If the validity of the registry identification certificate cannot be determined and the
amount of marijuana plants fall within the criteria of the Medical Use of Marijuana
Law, the officer shall seize only enough small cuttings of marijuana not to exceed
_ two grams, to conduct confirmatory testing and document the extent of the grow
through photography. The investigation shall be routed to the Prosecutor's Office
for disposition.
INVESTIGATIONS INVOLVING THE MEDICAL
AND RELIGIOUS USE OF MARIJUANA
PAGE 5
B. Any additional number of marijuana plants or product exceeding adequate supply
shall be considered more than is reasonably necessary and subject the entire crop of
product to criminal investigation and prosecution.
VII. PROTECTION OF MARIJUANA AND OTHER SEIZED PROPPERTY
A. Marijuana, paraphernalia, or other property seized from a qualifying patient or
primary caregiver in connection with a claimed medical use of marijuana shall be
returned immediately upon the determination by a court that the qualifying patient or
primary caregiver is entitled to the protection offered by the Medical Use of
Marijuana Law.
I. The Hawaii Police Department shall not be responsible for the care and
maintenance of seized live marijuana plants (Hawaii Revised Statutes Section
329-127).
VIII. FRAUDULENT MISREPRESENTATION
A. Fraudulent misrepresentation to a law enforcement official of any fact or
" circumstances relating to the medical use of marijuana to avoid arrest or prosecution
shall be punishable under Section 329-128 of the Hawaii Revised Statutes.
B. Fraudulent misrepresentation to a law enforcement official of any fact or
circumstance relating to the issuance of a written certificate by a physician not
covered under Section 329-126 of the Hawaii Revised Statutes, as amended, for the
medical use of marijuana shall be punishable under Section 329-128 of the Hawaii
Revised Statutes.
IX. RELIGIOUS USE OF MARIJUANA
A. An officer shall document all claims of religious use of marijuana made by a
defendant.
1. Spontaneous utterances and statements made after the defendant is advised of
his/her rights shall be documented in a supplementary report and submitted as
part of the investigation.
2. All documents explaining the religious use of marijuana to include fliers,
identification cards, etc., voluntarily given to the investigating officer, shall be
recovered as evidence and submitted as part of the investigation.
B. Arrests, as in any other criminal case, shall be based upon probable cause.
INVESTIGATIONS INVOLVING THE MEDICAL
AND RELIGIOUS USE OF MARIJUANA
PAGE 6
C. The police shall not decide whether the suspect's claimed religion is a recognized
religion within the meaning of the First Amendment and not just a belief, as this is a
legal question reserved for the courts.
D. The police shall not decide whether the suspect has satisfied the legal requirements
espoused in State v. Blake, 5 Haw. App. 411, 695 P2d 336 (1985), since these are
legal questions with respect to the determination of fact and burden of proof,
specifically reserved for the courts.
HAWAII POLICE DEPARTMENT
COUNTY OF HAWAII
i~ JAMES S. CORREA
POLICE CHIEF
Date: C~--~
COUNT ,0 HAWAII
n
By.
Y
MAYOR t/
Date: l U