COM 1348.004 2006-2008 - Laserfiche WebLink

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through their county government, request that neither the County Prosecuting Attorney nor any attorney prosecuting on behalf of the County of Hawai'i shall prosecute any violations of the sections of Chapter 712-1240 of the Hawaii Revised Statutes regarding possession or cultivation of Cannabis in a manner inconsistent with The Lowest Law Enforcement Priority, as described in Section 4 and 5 of this article; in cases where the amount possessed or grown is less than 24 (twenty four) plants or the dried equivalent, possession for adult personal use shall be presumed. SECTION 7: EXPENDITURE OF FUNDS FOR CANNABIS ENFORCEMENT (a) Neither the Hawai'i County Council, nor the Police Commissioner, nor the Chief of Police, nor any attorneys prosecuting on behalf of the County of Hawai'i, nor any associated law enforcement staff, deputies, or officers shall spend or authorize the expenditure of any public funds for the investigation, arrest, or prosecution of any person, nor for the search or seizure of any property in a manner inconsistent with the Lowest Law Enforcement Priority as defined in Section 4 and 5 of this article. (b) The Hawaii County Council shall not support the acceptance of any funds for the marijuana eradication program. SECTION 8: COMMUNITY OVERSIGHT The Hawaii County Council shall ensure the timely implementation of this chapter by working with the Chief of Police and/or the Police Commissioner to; (a) provide for procedures to receive grievances from individuals who believe that they were subjected to law enforcement activity contrary to the Lowest Law Enforcement Priority of Cannabis, which is described in Sections 4 and 5 of this Article; (b) publish a report semi-annually on the implementation of this chapter every first day of June and every first day of December, from this day forward, with the first report being issued June 1, 2009. These reports shall include but not be limited to: the number of all arrests, citations, property seizures, and prosecutions for all Cannabis offenses in the county of Hawai'i, the number of complaints regarding marijuana eradication over-flights; the breakdown of all Cannabis arrests and citations by race, age, specific charge, and classification as infraction, misdemeanor, or felony, the estimated time and money spent by the County on law enforcement and punishment for adult Cannabis offenses, and any instances of officers or deputies assisting in state or federal enforcement of adult Cannabis offenses. These reports shall be published with the cooperation of the County of Hawai'i's Prosecuting Attorney, the Chief of Police, and all associated law enforcement staff in providing needed data. SECTION 9: NOTIFICATION OF LOCAL, STATE, AND FEDERAL OFFICIALS After the enactment of this Article, the County Clerk shall send letters on an annual basis 4