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BIL 335 Draft 01 2006-2008
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BIL 335 Draft 01 2006-2008
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Last modified
3/27/2013 4:28:38 PM
Creation date
8/1/2008 3:08:11 PM
Metadata
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Template:
Bill/Resolution
Bill/Resolution - Type
BIL
Bill/Resolution - Council Term
2006-2008
Bill/Resolution
335
Draft
01
Introducer
Bob Jacobson, Councilmember
Referred To
COUNCIL
Action 1
Council: Bill 335 filed due to vote count (Pursuant to Hawaii County Charter, Article XI, Section 11-6(b), the originally proposed initiative ordinance (Bill 335) shall be submited to the voters at the upcoing 2008 General Election - 8/13/08
Status
Filed
Reading Number
1
Reading Date
8/13/2008
Ayes
0
Noes
9-Ford;Higa;Hoffmann;Ikeda;Jacobson;Naeole;Pilago;Yagong;Yoshimoto
Absent
0
Excused
0
Comments
$Bill/Resolution_Comments$
Document Relationships
AGE COUNCIL 2008/08/13 2006-2008
(Related To)
Path:
\Council Records\Agendas\2006-2008\Council
COM 1348.003 2006-2008
(Related)
Path:
\Council Records\Communications\2006-2008
ORD 2008-181 2006-2008
(Related)
Path:
\Council Records\Ordinances\2008
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day of June and every first day of December, from this day forward, with the first <br />report being issued June 1, 2009. These reports shall include but not be limited to: <br />the number of all arrests, citations, property seizures, and prosecutions for all <br />Cannabis offenses in the county of Hawaii, the number of complaints regarding <br />marijuana eradication over-flights; the breakdown of all Cannabis arrests and <br />citations by race, age, specific charge, and classification as infraction, misdemeanor, <br />or felony, the estimated time and money spent by the County on law enforcement <br />and punishment for adult Cannabis offenses, and any instances of officers or deputies <br />assisting in state or federal enforcement of adult Cannabis offenses. These reports <br />shall be published with the cooperation of the County of Hawaii's Prosecuting <br />Attorney, the Chief of Police, and all associated law enforcement staff in providing <br />needed data. <br />SECTION 9: NOTIFICATION OF LOCAL, STATE, AND FEDERAL OFFICIALS <br />After the enactment of this Article, the County Clerk shall send letters on an annual basis <br />(every June 1St of each year) to the Mayor of the County of Hawaii, the County of <br />Hawaii voters' Congressional Delegation, Hawaii's U.S. senators, the County of <br />Hawaii voters' representatives in the Hawaii State Legislature, the Governor of <br />Hawaii, and the President of the United States. This letter shall state; "The citizens of <br />the County of Hawaii have passed an initiative to make Cannabis offenses the Lowest <br />Law Enforcement Priority, where the Cannabis is intended for adult personal use, and <br />request that the federal and state branches of government remove criminal penalties for <br />the cultivation, possession and use of Cannabis for adult personal use; the citizens also <br />request that Cannabis policies here within the county of Hawaii be dealt with from our <br />local law enforcement only." The letters may also state, be it the will of the County <br />Council; that according to the 3 year study performed by the National Institute on Drug <br />Abuse, more people used methamphetamine as a result of the marijuana eradication <br />program; they may also express that methamphetamine is a growing problem in our <br />community and more help would be appreciated in that area, and that the first action that <br />would help in that area would be to end the marijuana eradication program. <br />This duty shall be carried out until state and federal laws are changed accordingly. <br />SECTION 10: STATUTORY AND CONSTITUTIONAL INTERPRETATION <br />All provisions in this article shall only be implemented to the full extent that the <br />Constitution of the State of Hawaii and the Hawaii Revised Statutes allows, and in the <br />event, and only in the event, that a court of competent jurisdiction determines that any <br />provision in any section of this article may not be directed by voter initiative or by action <br />of the County Council, then that specific mandatory provision only shall be deemed <br />advisory and expression of the will of the people that the provision shall be implemented <br />into law by whichever government branch or official who has the power to implement <br />it, and that the Hawai' i County Council shall take all actions within their power to work <br />with those branches of government to express the will of the people and encourage, <br />support, and request the implementation of those provisions. <br />
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