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RES 710 Draft 01 2006-2008
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RES 710 Draft 01 2006-2008
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Last modified
8/28/2008 7:59:42 AM
Creation date
8/1/2008 3:56:27 PM
Metadata
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Template:
Bill/Resolution
Bill/Resolution - Type
RES
Bill/Resolution - Council Term
2006-2008
Bill/Resolution
710
Draft
01
Introducer
Bob Jacobson, Councilmember
Referred To
COUNCIL
Action 1
Council: Adopts Res. 710-08 - 8/13/08
Status
Adopted
Date To Mayor or Adoption Date
8/13/2008
Reading Number
1
Reading Date
8/13/2008
Ayes
5-Ford;Jacobson;Naeole;Pilago;Yagong
Noes
4-Higa;Hoffmann;Ikeda;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 1348.002 2006-2008
(Related)
Path:
\Council Records\Communications\2006-2008
COM 1348.002 2006-2008
(Related To)
Path:
\Council Records\Communications\2006-2008
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(rage 3) <br />Cannabis was intended for adult personal use, their Lowest Law Enforcement Priority. Law <br />enforcement activities relating to Cannabis offenses include but are not limited to investigations, <br />citation, arrest, search or seizure of property, or providing assistance to the prosecution of Cannabis <br />offenses involving only the adult persona( use of Cannabis; <br />(c) Neither the Chief of Police, the Police Commissioner, nor any attorney'prosecuting on behalf of the <br />County of Hawaii, nor any associated law enforcement staff, deputies, nor officers shall seek, accept <br />or renew any formal or informal deputizat~on or co iqq11~~ federal law enforcement agency <br />for the purpose of investigating, citing, orrresting~~,Gaf~arching or seizing property from <br />adults for Cannabis offenses subject to the Lowest Law Enforcement Priority of Cannabis where <br />such activities would be in violation of that policy,~r I~1~uc~~t~~orities exercise such powers <br />that may be ancillary to deputization or commissioning for another purpose. <br />OFF. CF ";~?-~ ~ `~ C~.~,-.,~ <br />(d) The Hawaii County Council shall not authorize the a~q~pt~p~tce_or the issuing of any funding that is <br />intended be used to investigate, cite, arrest, prosecute:; ~ earch.o~ seize property from adults for <br />Cannabis offenses in a manner inconsistent with the county s Lowest Law Enforcement Priority <br />policy. <br />Section 6: COUNTY PROSECUTING ATTORNEYS <br />To the full extent allowed by the Constitution of the State of Hawaii, the people, through their county <br />government, request that neither the County Prosecuting Attorney nor any attorney prosecuting on behalf <br />of the County of Hawaii shall prosecute any violations of the sections of Chapter 712-1240 of the Hawaii <br />Revised Statutes regarding possession or cultivation of Cannabis in a manner inconsistent with the <br />Lowest Law Enforcement Priority, as described in Section 4 and 5 of this article; in cases where the <br />amount possessed or grown is less than 24 (twenty four) plants or the dried equivalent, possession for <br />adult personal use shall be presumed. <br />Section 7: EXPENDITURE OF FUNDS FOR CANNABIS ENFORCEMENT <br />(a) Neither the Hawaii County Council, nor the Police Commissioner, nor the Chief of Police, nor any <br />attorneys prosecuting on behalf of the County of Hawaii, nor any associated law enforcement staff, <br />deputies, or officers shall spend or authorize the expenditure of any public funds for the <br />investigation, arrest, or prosecution of any person, nor for the search or seizure of any property in a <br />manner inconsistent with the Lowest Law Enforcement Priority as defined in Section 4 and 5 of this <br />article. <br />(b) The Hawaii County Council shall not support the acceptance of any funds for the <br />marijuana eradication program. <br />Section 8: COMMUNITY OVERSIGHT <br />The Hawaii County Council shall ensure the timely implementation of this chapter by working with <br />the Chief of Police and/or the Police Commissioner to; <br />(a) provide for procedures to receive grievances from individuals who believe that they were subjected <br />to law enforcement activity contrary to the Lowest Law Enforcement Priority of Cannabis, which is <br />described in Section 4 and 5 of this Article; <br />(b) publish a reporting semi-annually on the implementation of this chapter every first day of June and <br />
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