HomeMy WebLinkAboutCOM 0233.003 2000-2002 July 24, 2001
James Arakaki, chrmn.
Hawaii County Council
Hilo Hawaii 96720
Dear Chairman Arakaki,
It has come to my attention that my {attar to the Hawaii County
Council dated July 18 re Condition 7 of Res 87-01 which I fax'd on July 18
was missing the 2"° page which was the first page of the letter.
Also, that the letter was not given a communication number.
Enclosed is the complete 9 page letter, (with the updated Cc/Bcc
list) which 1 request is numbered and re-circulated to Council members.
1 also request that this letter is placed on the appropriate
committee agenda and that 1 am notified of such date.
Yoruly,
rry Rothste'fn
76-123 Royal Poinciana Dr.
Kailua-Kona Hawaiiisland 96740
329-1568
cc: Curtis Eyler
Gary Safarik
Aaron Chung
2333
Comm. No.
File No. ~ ~
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Inf. To:,
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Jerry R®tl'iStL'Itfi
Prom: Jerry Rothstein <jerry cLDturquoise.net>
fio: <Hawaii County Council>
Sent: Wednesday, July 18, 2001 2:21 PM
Subject: Letter to Hawaii County Council re Condition 7 rights not addressed in Hawaii County Police
Department's draft rules for the PublicHeariing on "Rules&Regulations" pertaining to legal and
constitutional rights to the use and possession of Cannabis
luly 18. 2001
IN®EX
1. Hawaii County Council's Resolution 8~-Cll, Condition ~
SOME ®ECLARATIONS RIGHTS, STATE ~ FE®ERAL LA9R/S, CONVENTIONS,
EXECUTIVE ORDERS, AGREEMENTS, GRANDFATHERINGS, MINUTES etc.
"regarding the use and/or possession of marijuana (sic) whieh may be
protected by State and/or Tederal law and/or the U.S and State
Constitutions."
3. Biblical & 1-listorical References
Cannabis is the ~Vholy Sacrament of the YnitedCannabist *Spiriligion
5. HCP® Ignored Condition ~ of Resolution 67-01 in its ®raft Rules
b. Condition Rights Not To Be Ignored
7. Six {6) Requests to County Council re Condition 7
B. Ynited Cannabist's Proposed Seven (7) HCP® Ch. 91 "Rules 8~ Regulations"
re "Condition
g. Status of Condition S (medical use of confiscated Cannabis) ~ bth Request
1®. YnitedCannabist Input into the Condition 5 Plan
11. HCP®'s ®raft Rules for "Medical Marijuana (sic) Investigations"
1 Just, Reasonable and Constitutional Resolution to the Condition 7
Mandate, and Medical Cannabis Rights
13. Let Us Pray
7/ 18/01
Page 2 of 9
July 18, 2001
Hawaii County Council
25 Aupuni St.
Hilo Hawaii, 96720
Re: Non-compliance of Hawaii County Polio Dept (HCPD) with terms of
County Council's Resolution ~7-®l, Condition 7
Dear Hawaii County Council Chairman Jimmy Arakaki and Council Members Julie
Jacobson, Nancy Pisicchio, Bobby Jean Leighthead-Todd, Curtis Tyler, Gary Safarik,
Aaron Chung, Dominic Yagong, and Leningrad Elarianoff,
1. Hawaii County Council's Resolution 87-01, Condition 7
Condition 7 of County Council Resolution 87-O1 states: °'The Hawaii Count
Police Department shall also establish rules & regulations regarding the use
and/or possession of marihuana (sic) which n,ay be protected by State and/or
Federal lave and_/or the U.S and State Constitutions."
I commend the Hawaii County Council for adopting this condition because it
represents your high regard for state and federal laws and constitutions and
seeks to assure that the Hawaii County Police Department (HCPD) protects such
rights as they may apply to "the use and possession of Marijuana (sic)" for
religious and medical uses, and privacy.
Hawaii County Police Department (HCPD) public hearings on its draft
Rules & Regulations (pertaining to (1) "marijuana eradication operations and
reconnaissance missions," and (2} "medical marijuana (sic) investigations") are
presently schedu{ed for gam Friday August 3 in the County Council Room in Hilo.
(Draft rules can be picked up at the Kona and Hilo police stations and County
Council offices.)
SOME DECLARATIONS, RIGHTS, STATE ~ FEDERAL LAWS, CONSTITUTIONS,
CONVENTIONS, EXECUTIVE ORDERS, AGREEMENTS, GRANDFATHERINGS,
MINUTES etc. "regarding the use and/or possession of marijuana (sic) which
may be protected by State and/or Federal law and/or the U.S and State
Constitutions."
- The Declaration of Independence's right to "life, liberty, and the pursuit of
happiness."
- Bill of Rights' first amendment pertaining to religious freedom,
- Bill if Rights 9th, 10th and 14th amendments pertaining to retained rights and
powers of citizenship, and due process
- 1993 Religious Freedom Restoration Act (RFRA)
- 1999 Re{igious Land Use & Institutionalized Persons Act
- Controlled Substances Act
- United Nations Singles Convention (Article 28)
- Geneva Convention
- United Nations Declaration of Human Rights (Article 18}
- Executive Order 12919 Part IX, Sec. 901(e) June '94 re hemp seed food
- NAFTA Trade Agreement Art. 708 Sec. (b) pgs. 7-5 HS 53.02
- 21 USC321(p} re Cannabis as grandfathered pre-1938 medicine
7/ 18/01
Page 3 of 9
- The 1983 State of F#awaii v. Blake and the four pronged "Andrew's Test" as it
pertains to the religious use of Cannabis,
- Articles 1-8 of the State Constitution re rights of individuals, equality of rights,
freedom of religion, due process and equal protection, right to privacy,
searches/seizures and invasion of privacy, and rights of citizens,
- Minutes of the 1978 Constitutional Convention indicating the intent of Section
6 (re privacy) is to include the use of Cannabis in one's home,
- HRS 7 12-1240.1 defense for medical necessity
and more.
3. Biblical 8d Historical References
In addition to such laws and rights as indicated above, the scriptures further
validates the sacred nature of Cannabis which is also the wholy sacrament of the
YnitedCannabist *spiriligion. Cannabis (KanehBosm) is an ingredient in the recipe
for holy anointing oil (Exodus 30:22-29) that sanctified David, Solomon, Moses,
kings, priests and Jesus. ("Messiah" means "annointed" in f-lebrew. "Christ" means
"annointed" in Greek). The Ark of the Covenant was made "most holy" with this
same oii.
Some of many other biblical references to Cannabis include: Genesis 1:29-30,
Psalms 104:14, Ezekial 34:25-31, Isaiah 43:24 and 6:4-7, Revelations 22:2,
Genesis 2:9-17; and Exodus 30:6-8.
In addition to such laws, rights, and biblical validation, Cannabis has been
used as a religious sacrament by people of many nations, many cultures, and
many religions since the dawn of recorded history. It was also used as food, fuel,
fibre, medicine and having a good time. Archeological evidence indicates its use
in incense burners in the 2nd .Jewish Temple in Jerusalem which was destroyed by
the Romans in 70 AD and is presently the site of the remaining "1Nestern Wall,"
and the Muslim "Dome of the Rock."
YnitedCannabist believe that if Jews, Christians and Muslims returned to their
roots and used Cannabis as their wholy sacrament, there would be peace on Earth.
* "spiriligion" is religion that puts spirit before dogma and uses Cannabis as its sacrament
to access wholy spirit and bring one closer to the creator.
4. Cannabis is the 4~hoty Sacrament of the YnitedCannabist ~Spiritigion
The proposed "Condition 7" rules are of deep and personal interest to me
because:
(a) I, as do many others, use Cannabis as a religious sacrament and spiritual
nutriment. I have been using it as such for 35 years in the privacy of my home as
my lawful and constitutional right, and intend to continue doing so, and
(b) I am a co-founder of "YnitedCannabist" aglobal third millennium internst
*spiriligion whose practitioners are required to grow and use Cannabis as their
wholy sacrament, and for food, fuel, fiber, medicine and *"fun."
Ynited Cannabist believes "*God/ess is and many ways are thereto."
YnitedCannabist considers Cannabis as a gift from the creator, and man's
best friend in the plant kingdom. Cannabis is an essential part of a
YCpractitioners wholesome, healthy productive and fulfilling life, and its use
is required.
YnitedCannabist endorses The Religion of Jesus 12 point sacramental belief
statement to be found at http:irl~€v~~rti+~.TheF~~li~i~nof,)~susCh~a~~ch.~:~rg
YC would add to that list the following:l 3. Helps connect body, mind, and
7/l 8/0l
Page 4 of 9
spirit, 14. Elevates consciousness, 15. Is insightful, and 16. Is the safest
therapeutic substance known to man, safer than some of the foods we eat, (and
most of the pharmaceuticals we ingest.)
Accordingly, I respectfully request the County of Hawaii through its
Coluncil, and its Mayor and Police Department's via its Rules & Regulations, to
acknowledge and respect YnitedCannabist's freedom of religion as it does all
the other religions whose members practice their religious faith and pursue their
spiritual path. The HCPD Ch.91 Rules and Regulations process is the opportunity
for the County of Hawaii to fulfill these rights, not ignore, dissipate or prosecute
them.
This is an issue that is not only important to YCPractitioners, the people of
Hawaiiisland and the State of Hawaii, but also to every citizen of the United States
of America who in the pursuit of life, liberty and happiness, cherishes these
inalienable rights to privacy, health, and freedom to worship the Eternal Source as
his or her spiritual path leads.
Hawaiiisland, being a microcosm of motherEarth, is "the eye of the Earth, the
pilot light of the planet, the Garden of Eden of the third millennium" and is the
globe{ home base of YnitedCannabistMotherEarth.
The Ynited Cannabist Academy is located at ~~°~~~~~.~tir~~~^~~.~~~~r~ui~~:~:~aa:;lr:.~a~~~~r~7;~~~k~i~~~~~~...~~~<<~~~:,1, with
plans to locate eland-based campus on Hawaiiisland this decade. Such an
academy would extend from ocean to mountains forests growing Cannabis at all
elevations, research labs to study its many health qualitites, a health and
healing hotel, and a global outreach study hall.
"God/ess" recognizes the infinite nature of the creator and is pronounced and read as "God"
or "Goddess" according to the belief of the beholder.
~ "Spiriligion" is religion that puts spirit before dogma and uses Cannabis as its sacrament
to access wholy spirit and bring one closer to the creator.
* "Fun" is defined in the YnitedCannabist Glossary as "the creative, social, recreational and
learning uses of Cannabis" since "fun" is common to all such uses, and fun is good.
5. HCPD Ignored Condition ~ of Reso{ution ~7-®1 in its ®raft Rules
At the June 20 County Council meeting in Kona, Lt. Tavares of HCPD, under
questioning by Councilman Curtis Tyler, was asked to explain the reason
the HCPD's "draft Rules & Regulations Governing Marijuana Eradication Operations
& Reconnaissance Missions" failed to contain provisions pertaining to Condition 7
of the Council's Resolution 87-01 that authorized the Mayor to "enter into an
agreement with the USA fora $265,000 Marijuana Eradication Grant". He told the
Council that the Prosecuting Attorney advised him that Condition 7 should not be
put into the Rules but that religious freedom could be used as a defense in court.
Ignoring Condition 7 on such grounds is unacceptable because:
(a) a right can not be arbitrarily dispensed with,
(b) the court, not the prosecutor, determines what can be used as a defense,
(c) a prosecutor can not be relied upon to favor such a defense and
(d) use as "a defense" is preceded by a search warrant, arrest, confiscation, hiring
an attorney, and going to court to defend a legal and constitutional right.
Condition 7 is meant to avoid this massive burden on the exercise of one's
legal and constitutionally protected rights to privacy and the free exercise of one's
religion. The ~"Religious Freedom Restoration Act" mandates "the least restrictive
means" of burdening a religion should there in fact be a "compelling state
interest" to burden it in the first place. Arrest and facing a trial to prove one's
7/ 18/01
Page 5 of 9
innocence using "religous freedom" as a defense, is the most restrictive means,
not least restrictive. HCPD rules should dictate the least restrictive means.
YnitedCannabist also conforms to the four part "Andrews Test" in State of
Hawaii v. Blake thereby establishing itself as a bona-fide religion in the State of
Hawaii.
Under questioning by the Council about the omission of Condition ~
provisions, from the draft rules, Police Chief Correa indicated that religious use of
Cannabis is "not accepted as legal" and that there is "federal case law or a specific
statute prohibiting religious use of Cannabis." There is no specific statute
prohibiting religious use of Cannabis and there is case law that allows the
religious use of Cannabis. The Police Chief could just as well have said "it is not
accepted as illegal").
Furthermore, the state can recognize the religious use of Cannabis and the
right to privacy just as Hawaii and so many other states recognizes the medical
use of Cannabis even thought the federal government claims otherwise. The
federal government's actions are based on the outrageous falsehood and the
blatant deception of the American people,:that Cannabis is a dangerous and
addictive drug with no medicinal value. I cry at the suffering this lie has caused.
Though this lie was affirmed by the U.S. Supreme Court, it is nevertheless a
glaring falsehood that is perpertrated by government and the industries it serves
that profit from Cannabis prohibition.
Does Hawaii County want to persecute these rights or protect these rights.
It seems that Prosecutor Jay Kimura is bent on persecuting, while the Council has
expressed it strong preference to protect via its Condition 7.
If Chief Correa's refusal to comply with Condition ~ is based on information
he received from the County's Prosecuting Attorney, the State's Attorney Genera{,
and others, then it behooves such parties to present their information to the
County Council and the public so that the basis for evaluation.
Though RFRA exempted states from abiding by religious freedom rights that apply to the
federal government, since you are accepting federal funds RFRA requirements remain.
Condition Rights Not To ~e Ignored
Please advise Chief Correa and the HCPD and/or.Jay Kimura and the
Prosecutors Office not to ignore the Condition 7 mandate that the protected "use
and/or possession of marijuana (sic}" under state and/or federal laws and/or
constitutions be adhered to in the HCPD Rules and Regulations. My freedoms of
religion, health, and privacy, and the freedoms of other law-abiding citizens of
this county and this state, are in jeopardy if you don't.
When law makers, law enforcers, and legal authorities ignore state and/or
federal laws and/or constitutions, and allow or advise HCPD that rights
guaranteed therein may be ignored, then the law is being subverted, law makers
and law enforcers become the law breakers, and innocent law abiding citizens like
me and other YnitedCannabist practitioners, seekers of privacy, and seekers of
health, become victims of intolerable and illegal acts of government.
I trust that the Hawaii County Council was sincere in its commitment to such
fundamental rights as religion, privacy, and health, and that you will take steps to
assure that the HCPD and the Kim administration join you in upholding such
fundamental rights in the forthcoming HCPD Rules & Regulations.
7118/01
Page 6 of 9
7. Six (6) Requests to Hawaii County Council re Condition 7
On behalf of YnitedCannabist, (respectfully request the Hawaii County
Council to:
(1) Ask Prosecuting Attorney Jay Kimura, State Attorney General Earl Anzai, and
others involved, to address the Council as to what and why they advised HCP®
regarding Condition 7 particularly as it pertains to the possession and use of
Cannabis at home, and its religious and health uses.
(2) Provide this information in time for the public to properly prepare for the
Friday August 3 HCP® public hearing. It is imperative that the HCPD's present
refusal to abide by the Council's resolution requiring that lawful and
constitutional rights to possess and use Cannabis is to be protected, is
fully addressed and on the record.
(3) Require that your resolution be fully complied with, not complied with at
the discretion of the Police Dept. and/or Prosecuting Attorney.
(4) Arrange for the HCPD public hearing(s) on eradication and medical use to be
held in Kona as well as Hi{o.
(5) Arrange for the HCPD's draft Rules & Regulations (which are
presently available only at the Hilo and Kailua-Kona Police Stations and Council
offices in Hilo and Kailua-Kona) to be available on line at the County of Hawaii's
website.
(6) Below at #9
8. Ynited Cannabist's Proposed Seven (7) HCP® Ch.91 Rules 8a Regulations re
"Condition 7"
On behalf of YnitedCannabist, 1 respectfully request that in compliance with
Resolution 87-01 Condition 7, that the following eight (8) rules are incorporated
into the HCPD's Rules and Regulations:
1. HCPD will stipulate that personal private use of Cannabis is constitutional in
the State of Hawaii.
HCPD not interfere with the use of Cannabis in the privacy of a home.
2. HCPD will not interfere with the medical use of Cannabis as part of a religion
using Cannabis as sacrament and healing herb.
3. HCPD will not interfere with any religious practice(s) regarding the use
of Cannabis pursuant to rights guaranteed by state and/or federal law and/or the
U.S. and State constitutions.
HCPD will afford the most liberal interpretation to "the use and/or possession
of Cannabis which may be protected by such state and/or federal laws and/or
state and federal constitutions.°
5. HCPD will adhere to the "Andrews Test" as articulated in State of Hawaii v
Blake.
6. HCPD will be cognizant of the fact that the reason Rev.Dennis Shields of the
Religion of Jesus Church (which was established after the 1937 Marijuana Tax
Act was abolished in 1969 and before the Controlled Substances Act was enacted
in 1970) lost in court was that he could not provide evidence at the time that the
use of Cannabis as sacrament was mandatory, not optional.
7. HCPD, in its rules, will use "Cannabis" instead of "9!Ilarijuana" because
Cannabis is the agricultural commodity "hemp" and a widely recognized "herbal
medicine" while "Marijuana" is an intentional fabrication.
9. Status of Conditions (medical use of confiscated Cannabis) and 6th
7/18/0l
Page `7 of 9
Request
Condition 5 states that '°The County Police Dept shall work with the State
Dept of Health and the State Dept of the Attorney General to develop a plan where
a portion of the confiscated marijuana can be set aside for medical marijuana (sic)
use."
At the dune 21 County Council meeting the Police Chief advised the Council
that he has been in contact with the Health Dept and the Attorney General and
that the Attorney General would be advising him accordingly.
(6) I request that the Council be informed frequently and on a regular basis
of the status of the "use of confiscated Cannabis plan", and requires a final
report by the Police within a specified time so that needy patients need not suffer
while HCPD burns their medicine.
10. YnitedCannabist input into the Condition 5 Plan
YnitedCannabist approves of "the County Police Department working with
the Department of Health and the State Department of the Attorney General to
develop a plan where a portion of the confiscated marijuana (sic} can be set aside
for medical use," provided that such a plan include the following:
- Set aside Cannabis is given to:
the University of Hawaii, and other qualified institutions for Cannabis medical
research.
State Hospitals and other qualified institutions caring for people who may
benefit from the its therapeutic functions..
qualified health professionals who recommend Cannabis to provide it free of
charge (as they do sample pharmaceutical drugs) until such time as a patient is
otherwise supplied.
religions who use it in their healing ministry.
- There is no charge by the state to any of the above recipients of confiscated
Cannabis in order that those whose health improves with Cannabis may have free
and ready access to it.
- Set aside Cannabis is set aside by a team consisting of at least a qualified
medical, religious, police, UH, and grower's association representative to assure
quality control.
- Set aside Cannabis is to be standardized by the Health Department which
acquires the technology to grade Cannabis for its medical uses.
- A State Cannabis Come~rission is appointed that among its functions will be
to study past, present and cutting edge uses of medical/nutritional Cannabis.
- Medical use of Cannabis becomes an acknowledged component of promoting
Hawaii as a Health State.
- State and county governments lobby the U.S. government to remove
Cannabis from the "Schedule 1" classification by the US Drug Enforcement
Agency on the grounds that "the safest therapeutic substance known to man," is
not a "harmful and dangerous drug with no therapeutic value." The present
arbitrary, capricious and blatantly false "Schedule 1" classification undermines the
credibility, trust, and faith in the federal government which promulgated and
perpetuates such falsehood, and the credibility, trust, and faith in state and
county government agencies that enforce such laws that cruelly allow the ill and
ailing to suffer and die needlessly.
11. HCPD's Draft Rules for "Medical Marijuana (sic) Investigations"
7/18/01
Page 8 of 9
This subject is one of the two scheduled for the Hawaii County Police
Department's public hearing on August 3 and will be fully addressed at that time.
This is a matter of great importance to YnitedCannabist and many ailing
people who live and visit Hawaii whose health would benefit from the medical use
of the "safest therapeutic substance known to man".
Accordingly, such Rules should at least: (1) address the use of medical
Cannabis by visitors to our state, and (2) be so crafted as to allow maximum
freedom and minimum restriction or interference with the use and possession of
Cannabis to allow those who might benefit from the "safest therapeutic substance
known to man," to do so.
12. Just and Reasonable Constitutional Resolution to the Condition 7 10~andate,
and I'v9edical Cannabis Rights
A government that knowingly, willingly, and deliberately acts contrary to the
letter and spirit of "State and Federal law and/or State and Federal Constitutions"
begs challenge, as does a government that arbitrarily and capriciously treats "the
safest therapeutic substance known to man, safer than some of the foods we
eat" (DEA administrative law Judge Frances Young 1988 ruling) as a "dangerous
and addictive drug without any medicinal value" (DEA's "Schedule 1" classification
of Cannabis).
When law-makers and law-enforcers turn good people into law-breakers, and
arbitrarily and capriciously withhold medicine that force ill and ailing people to
suffer and die, it's time for change.
Should my {ega{ and constitutional rights to religion, health, and privacy be
denied me, 1 will take such usurpation of my rights to the Supreme Courts of the
State of Hawaii and the United States of America if necessary to determine if
"religious freedom" means freedom for you to practice your religion but not for
me to practice mine. Privacy and health rights will also be of issue.
I am bringing Condition 7 to your attention at this very early stage in order
to avoid such a challenge, and the cost to Hawaii County taxpayers of having to
defend the County's willful) ignoring of state and/or federal law and/or the U.S.
and State constitutions as they pertain to religious freedom, the right to privacy,
and the right to health.
13. Let U s Pray
Let us pray that we can favorably resolve these issues in the HCPD's Chapter
91 Rule & Regulations process in a manner that is fair, just, and reasonable and
will protect the right to grow, possess, and use Cannabis for medical, religious
and health uses as intended by the creator and by the constitutions and/or laws
of Hawaii and/or the United States of America.
Je ry ?n, c fund
Y ' edCanna ist
-123 Royal Poinciana Dr.
Kailua-Kona Hawaiiisland 96740
808-329-1568
~dnr~~~~~~~t . i t ~ti w~ r ~ r.~ ~x I;~ i ~ rya k
7/ 18/0l
~~q
Cc:
Mayor Harry Kim
Andy Levin, Exec.Director
Peter Young, Dep.Managing Director
Lincoln Ashida, Corp. Counsel
Jay Kimura, Prosecuting Attorney
Police Chief James Correa
Gov. Ben Cayetano
Lt.Gov. Mazie Hirono
Sen. David Matsuura, Lorrain Inouye, Russell Kokubun,
Rep. Takamine, Chang, Rath, Whalen, Hamakawa, Hale,
Earl Anzai, Attorney General
Bruce Anderson, Dept. of Health
Linda Lingle, Hawaii Republican Party Chair
Lorraine Akiba, Hawaii Democrat Party Chair
Hawaii State Bar Association
Pres. George W. Bush
Sen. Daniel Inouye and Daniel Akaka
Rep. Patsy Mink & Neal Abercrombie
John Ashcroft, Attorney General
Tom Kelly, DEA Special Agent in charge of Honolulu District Office
Rev. Dennis Shields, The Religion of Jesus Church, West Hawaii ministry
Rev. Jonathan Adler, The Religion of Jesus Church, East Hawaii ministry
Rev. Roger Christie, West Hawaii Cannabis Ministry
IBcc:
Religious rights organizations
Civil rights organizations
Human rights organizations
Health rights organizations
Medical organizations
Cannabis organizations
End the "War on Drugs" organizations
The America people via a-mail forwarding