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<br /> <br /> <br /> Honorable J Yoshimoto <br /> o December 22, 2009 <br /> Page 2 <br /> <br /> <br /> The following represent the particular issues and areas of the Code that the Commission <br /> seeks clarification: <br /> <br /> I. Does the ordinance make marijuana legal? HPD has taken the position that <br /> marijuana remains illegal, and that per the legislative history of this initiative (derived <br /> through testimony before the Hawaii County Council) the present law simply offers <br /> the police an option with respect to enforcement. Representatives of PSA aver that <br /> since marijuana is the lowest law enforcement priority on Hawaii Island, it's <br /> possession in the manner and quantities identified in the ordinance effectively render <br /> the marijuana legal. <br /> 2. Is HPD prohibited from receiving funding for marijuana eradication missions? <br /> HPD has taken the position that they may receive federal and state monies for the <br /> eradication of marijuana from large scale growers and distributors. Representatives of <br /> PSA aver that the receipt of any money violates the law. <br /> 3. Is HPD prohibited from expending County funds for marijuana eradication <br /> missions or other marijuana enforcement? HPD has taken the position that County <br /> funds may be expended for marijuana eradication missions targeting large scale <br /> growers and distributors, as well as for investigation of marijuana possession and <br /> distribution cases. Representatives of PSA aver that any expenditure of County funds <br /> for any of the aforementioned purposes violates the law. <br /> Finally, there needs to be clarification of the federal and preemption issue. Our police <br /> officers take an oath to honor and defend federal, state and county law. Is it the intention of the <br /> Council that this ordinance supersedes federal and state law? The Police Commission has been <br /> advised that the Prosecuting Attorney has sought an opinion from the Attorney General for the <br /> State of Hawaii on the preemption issue, but has yet to receive a response. The Commission felt <br /> it appropriate as a preliminary matter to ascertain what the intent of the Council was when this <br /> initiative was allowed to proceed to the voters for their consideration. <br /> <br /> Thank you in advance for your consideration of these very important issues. The <br /> Commission wishes to ensure they have a clear understanding of the law prior to investigating <br /> and making recommendations concerning allegations of wrongdoing on the part of our police <br /> officers. Please communicate your response to the Commission at your earliest convenience. <br /> <br /> Very trulurs, <br /> <br /> <br /> <br /> THOMAS P. WHITTEMORE <br /> Chair, Hawaii Police Commission <br /> <br /> <br /> c: Honorable William P. Kenoi, Mayor <br /> Honorable Harry Kubojiri, Chief of Police <br />