HomeMy WebLinkAboutCOM 0233.004 2000-2002
December 5, 2001
Hawaii County Council
Re I~PD draft Mules nd R lations for ~Iteki 'ous Use of Cannabis
~DAT PESO 87-01 IRECTEI) DPD TO DO IIE CONDITON 7
"Hawaii County Polic Dept. shall also establish written rules & regulations regarding
the use and/or possessi n of marijuana (sic) which may be protected by State and/o~~
Federal law and/or the U. S. and State Constitutions."
~V~AT TAE DItAF RULES SAY
~~.~m-.~~, n=l~.~r~a~cil
First draft: totally ign red Cond.?
2nd draft: did exactly o posite of what your resolution required. Exactly the opposite!
6bArrest,'~ ignore reli us claim, ignore StatevHlake, ~idocument claims of religious use.
HPD took the money }you approved and spurned your order to abide by state and federal
laws and constitutions.
(Freedom of religion, right to privacy, Religious Freedom Restoration Act-1996
Rastafarian case won in 9`~ Circuit Court of Appeals-, Universal Life Church v USA
3/1/74 U.S. District Caurt Judge James Heflin who ruled "Neither this court, nor any
branch of this government, will consider the merits or fal~cies of a religion. Nor will the
court compare the beliefs, dogmas, and practices of~ newly organized religion with those
of an older more established religion. Nor will the court praise or condemn a religion
however excellent or fanatical or preposterous it may seem. Where the court to do so it
would impinge upon the guarantees of the first amendment...
VVIlIAT DRAFT MULES COULD SAY TO COIVIP'LY WITD CONDITION 7
If you were to ask me 1'~ow HPD should deal with religious use in its rules I'd say this.
Just as there are invest#gations for a medical exemption, there can be investigations for
religious exemptions. T"anguage relating to such investigation would read as follows:
~Iteligious use and possession of Cannabis shall be unimpeded by DPD when the
following circuanstan~es have been inet:
a Use, possession, anc~ cultivation is conducted in the privacy of ones home and/or
property, and at such'!, places where religious services are conducted.
A sanctuary" sign is in plain view, plant tags are on the Cannabis plant
indicating it as sacraoaent, and a religious practitioner identiTication card is shown.
When asked if ones religion is genuine and sincere, and if that religion requires
that Cannabis is used as sacrament, (State v Dlake) the answer is in the affirmative.'
WDAT I ASIA YOU ~'O DO
Communicate with HP`D and Mayor Kim that the terms of accepting eradication funds
have not been met and that this Council insists that compliance with Cond.? be included
in the rules. I'm a law abiding citizen exercising my lawful and constitutional rights. I ask
that the Hawaii County Council and its Mayor see to it that HPD adopts such rules &
regulation that do not impinge upon or infringe my religious freedom where such practice
"may be protected by State and/or Federal law and/or the U. S. and State constitutions.
,~~sa
~f. ~`o:~,,,~
Ref. Date Q~C ~ ~
Soffie of you n,ay talcs religious use of Cannabis as other than genuine and sincere
but to me it is of utmost importance in my life. As my wholy sacrament, it feeds my spirit
and enables me to be closer to God. If the County of Hawaii Police Dept is allowed to
establish rules that infringe upon my religious freedom, it will have to feed and house me
as a religious prisoner while the eyes of the nation are upon Hawaii County's religious
persecution. I am dedicated and committed to the exercise of my constitutional rights to
religious freedom, to the exercise of my human right to freedom in the domain of my
consciousness, and to be the best person I can be. In pursuit of that I am a
YnitedCannabist practitioner {YnitedCannabist.org) which requires that I use Cannabis
for all its many uses, including sacramental. My religion also requires that I grow it in my
garden for personal use and to give it as medicine to the ailing. That is my religious
mandate. Condition 7 protects that. Pursuant to Condition 7 of Resolution 87-01, I
beseech the Hawaii County Council assure my ~ religious freedom as intended.
The Hawaii County Council has persisted in violating the County Charter by failing to do
its mandated program review. As a result, the citizens of this island have been subjected
to government sponsored terrorism funded by the federal government and executed by
HPD with Council approval. Your Condition 7 was meant to begin to resolve this and at
the same time avoid impeachment of certain members. If Condition 7 was sincere, not
just a ploy to avoid impeachment, then I humbly ask that you take all necessary steps to
assure that HPD comply with Condition 7 of your Resolution 87-01.
Jerry Rothstein, YnitedCannabist Pr ctitioner, cdcw, ToL
waiiisland 96740