HomeMy WebLinkAboutCOM 0233.002 2000-2002Marijuana Plant Count
1999 2000 2001
April
28,902
4,920
3,736
May
39,405
14,070
7,131
June
21,653
5,112
8,231
Totals
89,960
24,102
19,098
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County Cound o
Helicopter Complaints
1999 2000 2001
April 8 0 7
May 7 5 2
June 5 4 7
Totals 20 9 16
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HAWAII POLICE DEPARTMENT
RULES AND REGULATIONS GOVERNING
MARIJUANA ERADICATION OPERATIONS
AND RECONNAISSANCE MISSIONS
I. PURPOSE
To establish rules and regulations relative to marijuana eradication operations and
marijuana reconnaissance missions only, conducted by the Hawaii Police
Department.
I1. POLICY
For the safety and welfare of the public and law enforcement personnel and to
maintain a consistent operating procedure and ensure public confidence in the
program, all members participating in marijuana eradication operations and other
marijuana enforcement efforts shall adhere to the policies and procedures as set
forth by the Hawaii Police Department. Members shall include personnel from
other law enforcement agencies assisting the Hawaii Police Department in any
aspect of marijuana enforcement efforts.
III. HELICOPTER RECONNAISSANCE MISSION
A. The mission is to locate and map cultivated marijuana plots for future
eradication and search warrant missions.
B. Police aerial observers who are taking part in a marijuana reconnaissance
mission shall ensure that the aircraft maintains an altitude of 1000 feet while
directly over homes, buildings, urban and rural areas used mainly for family
dwellings and immediate areas where livestock is contained. Should probable
cause exist that marijuana plants are being cultivated, the helicopter may
descend to an altitude of 500 feet.
C. An altitude of 500 feet shall be maintained while in any air colTidor used
primarily by commercial tour helicopters flying at 1000 feet, during the hours
of normal tour operations.
IV. MARIJUANA ERADICATION OPERATIONS
A. The mission is to locate and eradicate cultivated marijuana plants on public
and private lands.
B. The helicopter shall maintain an altitude of 1000 feet while directly over
homes, buildings, urban and rural areas used mainly for family dwellings and
PAGE 2
immediate areas where livestock is contained. Should probable cause exist
that marijuana plants are being cultivated, the helicopter may descend to an
altitude of 500 feet.
C. An altitude of 500 feet shall be maintained while in any air corridor used
primarily by commercial tour helicopters flying at 1000 feet, during the hours
of normal tour operations.
D. The helicopter, during marijuana eradication operations, may be required to
fly below the altitude of 500 feet to insert and extract police personnel from
marijuana fields and to remove harvested marijuana plants and equipment.
E. In situations where the helicopter is required to fly below 500 feet, a distance
of at least 500 linear feet shall be maintained from all homes, buildings and
immediate areas where livestock may be present.
F. Flights over homes and buildings shall be avoided when airlifting, by long -
line, personnel, harvested marijuana and equipment.
G. In the event of an emergency, the police aerial observer and aircraft pilot may
use their discretion in deviating from the established practices and procedures.
V. MANUAL ERADICATION
A. The police aerial observer will direct ground personnel to cultivated marijuana
plants, while at the same time, observing the requirements set forth in Section
IV, subsections C, D and E.
B. All personnel shall be responsible for keeping a count of the marijuana plants
personally eradicated, to include the area and number of plots. These numbers
shall be relayed to the team leader who will inform the mission commander or
his designate at the end of each day of the operation.
VI. RAPPEL METHOD OF ERADICATION
A. Rappel and short term airborne operations (STABO) techniques to place
personnel in marijuana plots, and/or extract personnel from marijuana plots
are permitted, provided the height and distance requirements as set forth in
Section IV, subsections C, D and E are observed.
VII. IDENTIFYING HELICOPTERS AND VEHICLES
A. Helicopters involved in marijuana eradication operations, with the exception
of the Drug Enforcement Administration's and the Hawaii Army National
Guard's helicopters, shall be marked with the words "POLICE" or letters
"HPD" in such a size that it is discernible from at least 500 feet.
B. Vehicles taking part in a marijuana eradication operation shall be marked with
the words "POLICE" on both sides of the vehicle.
PAGE 3
VIII. IDENTIFYING LAW ENFORCEMENT PERSONNEL
A. All law enforcement personnel participating in a marijuana eradication
operation shall be properly identified with the police issued coveralls, or other
appropriate attire approved by the Department, which will distinguish them as
police officers.
B. Outside agency personnel assisting in operations shall also be identified with
their agency uniform and identification.
IX. COMPLAINT AND/OR INFORMATION LINE
A. During marijuana eradication operations conducted by the Hawaii Police
Department, all telephone calls regarding complaints and/or information shall
be routed to the Vice Section in charge of the operation.
B. All complaints and/or comments received during a marijuana eradication
operation shall be documented utilizing the approved form and shall be
maintained for a period of at least three years.
X. RECOVERY OF EVIDENCE/DISPOSAL OF MARIJUANA
A. An Evidence and Property Receipt (HPD/REC-005A) shall be completed for
all property recovered in accordance with the Hawaii Police Department
Evidence Procedures.
B. Disposal of all cultivated marijuana with no evidentiary value shall be in
accordance with the Hawaii Police Department Evidence Procedures, Section
XVI, subsection G.
XI. SENSITIVE AREAS
A. All police personnel involved in marijuana eradication operations shall
familiarize themselves with all environmentally sensitive areas on the Island
of Hawaii where passing and hovering helicopters may endanger plants and
wildlife.
XII. SPECIAL CONDITIONS
A. Notwithstanding the exclusive purpose of this rules and regulations, it is
specifically understood that these rules and regulations do not prohibit the
Hawaii Police Department and any law enforcement agency assisting in
marijuana operations from deviating from these procedures in the interest of
public safety or officer safety during a critical event.
Amended: April 4, 2001
HAWAII POLICE DEPARTMENT
RULES AND REGULATIONS GOVERNING
MEDICAL MARIJUANA INVESTIGATIONS
I. PURPOSE
To establish rules and regulations in the verification of medical marijuana and the
enforcement criteria of current marijuana investigations conducted by the Hawaii Police
Department.
II. MEDICAL MARIJUANA GUIDELINES
The medical marijuana law places a substantial burden on law enforcement officers to
anticipate potential medical use claims in the initial stages of the investigation. Officers
are to be guided by:
A. Hawaii Administrative Rules, Title 23, Department of Public Safety, Subtitle 3,
Law Enforcement, Chapter 202, Medical Use of Marijuana;
B. Sections 329-121 through 329-128 of the Hawaii Revised Statutes, as amended,
governing the medical use of marijuana, registration requirements, and the afforded
protection it may provide to the qualifying patient, primary caregiver and physician.
III. CONDITIONS OF USE (REGISTRATION REQUIREMENTS)
A. A qualifying patient must have a registry identification certificate from the
Department of Public Safety that identifies a patient authorized to engage in the
medical use of marijuana, the patient's physician, the patient's designated primary
caregiver, if any, and the location of the authorized marijuana plants.
B. A qualifying patient or a primary caregiver may not possess more than an "adequate
supply" which shall not exceed a total of three (3) mature marijuana plants, four (4)
immature marijuana plants, and 1 ounce of usable marijuana per each mature plant
or a total of 3 ounces of usable marijuana at any one time.
C. A qualifying patient and a primary caregiver may not jointly possess more than the
"adequate supply." If a qualifying patient and a primary caregiver possesses,
delivers, or produce marijuana in excess of the amounts allowed, such individuals
are not exempted from the criminal laws of the Federal and/or State governments.
D. The medical use of marijuana authorization shall not apply to the medical use of
marijuana that endangers the health or well-being of another person; in a school
bus, public bus or any moving vehicle; in the workplace of one's employment; on
PAGE 2
any school grounds; at any public park, public beach, public recreation center,
recreation or youth center; or any other place open to the public.
IV. DETERMINING REGISTRATION STATUS
Officers investigating a possession and/or cultivation of marijuana incident should
ascertain as part of the investigation whether the person has a legal right to acquire,
possess, cultivate, or use marijuana as described in Section 329-122 of the Hawaii
Revised Statutes, as amended, Medical use of marijuana; condition of use.
A. Stops and Encounters — Warrantless Arrests and Searches. Before making a
warrantless arrest or warrantless search or seizure based on probable cause, an
officer shall ascertain if the person has a registry identification certificate, unless
evidence exists of conduct that would disqualify the person from the medical use of
marijuana defense.
1. An officer may confirm the claim of possessing a registry identification
certificate by a qualifying patient or primary caregiver by contacting the
Department of Public Safety. The Department of Public Safety can be
contacted by telephone at (808) 594-0150.
2. If the person is not present, but their identification is known, an officer shall
check with the Department of Public Safety to determine if the person is a
registered qualifying patient or primary caregiver.
3. If the identification of the person is not known, an officer shall check with the
Department of Public Safety, to determine if the location is a registered
medical marijuana growing site.
B. Search Warrants. Before seeking a search warrant, an officer shall check with the
Department of Public Safety, by name and/or location, to determine whether the
person under investigation has been issued a registry identification certificate.
1. If the Department of Public Safety indicates that the person under
investigation is currently registered or that the location where marijuana is
being grown is listed as a medical marijuana growing site, no warrant should
be sought, unless evidence exists of conduct that would disqualify the person
from the medical use of marijuana defense.
2. The Affidavit for Search Warrant shall include that checks were conducted
with the Department of Public Safety and the result of such checks.
C. Marijuana Eradication. Officers participating in marijuana eradication missions
shall be guided by the above procedures and the rules and regulations governing
marijuana eradication operations and reconnaissance missions.
PAGE 3
V. EXCEPTIONS
A. If the validity of the registry identification certificate cannot be determined and the
amount of marijuana plants fall within the criteria of the Medical Use of Marijuana
Law, the officer shall seize only enough small cuttings of marijuana to conduct
confirmatory testing and document the extent of the grow through photography. The
investigation shall be routed to the Prosecutor's Office for final disposition.
B. Any additional number of marijuana plants or product exceeding adequate supply
shall be considered more than is reasonably necessary and subject the entire crop of
product to criminal investigation and prosecution.
VI. PROTECTION OF MARIJUANA AND OTHER SEIZED PROPPERTY
A. Marijuana, paraphernalia, or other property seized from a qualifying patient or
primary caregiver in connection with a claimed medical use of marijuana shall be
returned immediately upon the determination by a court that the qualifying patient or
primary caregiver is entitled to the protection offered by the Medical Use of
Marijuana Law, as evidenced by a decision not to prosecute, dismissal of charges, or
an acquittal.
1. The Hawaii Police Department shall not be responsible for the care and
maintenance of seized live marijuana plants.
VII. FRAUDULENT MISREPRESENTATION
A. Fraudulent misrepresentation to a law enforcement official of any fact or
circumstances relating to the medical use of marijuana to avoid arrest or prosecution
shall be a petty misdemeanor.
B. Fraudulent misrepresentation to a law enforcement official of any fact or circumstance
relating to the issuance of a written certificate by a physician not covered under
Section 329-126 of the Hawaii Revised Statutes, as amended, for the medical use of
marijuana shall be a misdemeanor.
New: April 4, 2001