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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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(Page 4) <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 af:offlcers p~~~IQpi~~s~,sting in state or federal <br />enforcement of adult Cannabis offenses'. These ~or~ li~l published with the cooperation of <br />the County of Hawaii's Prosecuting Attorney, the Chief of Polices d all associated law <br />enforcement staff in providing needed data. ~ 23 P 3 '~ <br />Section 9: NOTIFICATION OF LOCAL, STATE, ANQfFt£•DEI"OFI`1CIIALS <br />After the enactment of this Article, the County Clerk 'shad 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 />`7he citizens of the County of Hawaii have passed an initiative to make Cannabis offenses the <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 />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 Constitution of the <br />State of Hawaii and the Hawaii 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 />directed 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 />into law by whichever government branch or official whom has the power to implement it, and that the <br />Hawaii County Council shall take all actions within their power to work with those branches of government <br />to express the will of the people and to encourage, support, and request the implementation of those <br />provisions. <br />Section 11: SEVERABILITY <br />In the event, and only in the event, that a court of competent jurisdiction should find one or more of <br />he sections, or parts of the sections of this Article illegal, or any provision of this Article or the application <br />hereof 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 />4 <br />
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