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COM 1348.001 2006-2008
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COM 1348.001 2006-2008
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Last modified
7/31/2008 3:07:37 PM
Creation date
7/31/2008 3:07:36 PM
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Communications
Communications - Type
COM
Communications - Council Term
2006-2008
Communication
1348
Point
001
Author
Casey Jarman, County Clerk
Communications - Referred To
COUNCIL
Document Relationships
AGE COUNCIL 2008/08/13 2006-2008
(Related To)
Path:
\Council Records\Agendas\2006-2008\Council
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<br /> (Page 4) <br /> <br /> every first day of December, from this day forward, with the first report being issued June 1, 2009. <br /> These reports shall include but not be limited to: the number of all arrests, citations, property <br /> seizures, and prosecutions for all Cannabis offenses in the county of Hawaii, the number of <br /> complaints regarding marijuana eradication over-flights; the breakdown of all Cannabis arrests and <br /> citations by race, age, specific charge, and classification as infraction, misdemeanor, or felony, the <br /> estimated time and money spent by the County on law enforcement and punishment for adult <br /> Cannabis offenses, and any instances of officers or deputies assisting in state or federal <br /> enforcement of adult Cannabis offenses. These reports shall be published with the cooperation of <br /> the County of Hawaii's Prosecuting Attorney, the Chief of Police, and all associated law <br /> enforcement staff in providing needed data. <br /> <br /> Section 9: NOTIFICATION OF LOCAL, STATE, AND FEDERAL OFFICIALS <br /> <br /> After the enactment of this Article, the County Clerk shall send letters on an annual basis (every <br /> June 1st of each year) to the Mayor of the County of Hawaii, the County of Hawaii voters'Congressional <br /> Delegation, Hawaii's U.S. senators, the County of Hawaii voters'representatives in the Hawaii State <br /> Legislature, the Governor of Hawaii, and the President of the United States. This letter shall state; <br /> "The citizens of the County of Hawaii have passed an initiative to make Cannabis offenses the <br /> <br /> Lowest Law Enforcement Priority, where the Cannabis is intended for adult personal use, and request that <br /> the federal and state branches of government remove criminal penalties for the cultivation, possession <br /> and use of Cannabis for adult personal use; the citizens also request that Cannabis policies here within <br /> the county of Hawaii be dealt with from our local law enforcement only. " <br /> The letters may also state, be it the will of the County Council; that according to the 3 year study <br /> performed by the National Institute on Drug Abuse, more people used methamphetamine as a result of <br /> the marijuana eradication program; they may also express that methamphetamine is a growing problem in <br /> our community and more help would be appreciated in that area, and that the first action that would help <br /> in that area would be to end the marijuana eradication program. <br /> <br /> This duty shall be carried out until state and federal laws are changed accordingly. <br /> <br /> Section 10: STATUTORY AND CONSTITUTIONAL INTERPRETATION <br /> All provisions in this article shall only be implemented to the full extent that the Constitution of the <br /> State of Hawai'i and the Hawai'i Revised Statutes allows, and in the event, and only in the event, that a <br /> court of competent jurisdiction determines that any provision in any section of this article may not be <br /> lirected by voter initiative or by action of the County Council, then that specific mandatory provision only <br /> shall be deemed advisory and expression of the will of the people that the provision shall be implemented <br /> nto law by whichever government branch or official whom has the power to implement it, and that the <br /> Aawai'i County Council shall take all actions within their power to work with those branches of government <br /> o express the will of the people and to encourage, support, and request the implementation of those <br /> zrovisions. <br /> <br /> >ection 11: SEVERABILITY <br /> <br /> In the event, and only in the event, that a court of competent jurisdiction should find one or more of <br /> ie sections, or parts of the sections of this Article illegal, or any provision of this Article or the application <br /> iereof to any person or circumstance is held invalid, the remainder of the Article and the application of <br /> uch provisions to other persons or circumstances shall not be affected thereby. <br /> <br /> <br /> 4 <br />
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