HomeMy WebLinkAboutCOM 0102.036 2000-2002 -
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IN THE TABERNACLES OF NATURE, IN GARIDENS ®F 1DEAUTY, 9~HERE VER TWO ®R THREE GATHER,
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Phone (808) 328-9794 Fax (808)328-9426 _
Mail P.O. Box 828 Kaawaloa [Captain Cook] Hawaii, 96704 ~ r~
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Aloha and Good Morning Lt. Tavares and hearing officers
We are here on an issue vital to the performance of every police officers job ~~7~-~"
each is sworn to protect and defend both State and Federal Constitutions, which ar~:the supreme law
of the land
no officer so sworn can claim that they do not know what these constitutions mean because that is a
fraud upon their respective oaths of office
a citizens first and sometimes only line of defense for the protection of ones rights is the officer on the
beat
the only thing which separates a Hawaii County peace officer from the SS guards or the Gestapo or
KGB is each officers love, honor, respect, and dedication to these Constitution, the supreme law of
the land, and the bills of rights
the draft rules reflect the intent of our County Council to protect citizens constitutional and other
lawful rights with regard to the eradication of Cannabis
I salute you who chose to serve and protect your fellow citizens rights, lives, and property
Jesus said that there is no greater love than the willingness to lay downs ones life for others and
September 11 has demonstrated in stark relief the depth of this love and the true depth of the service
our police and fire and emergency services are willing to give
one takes upon ones self a difficult task when one steps up to the responsibilities of becoming an
officer of the peace
given this high standard it is that much more important that the police be above reproach that they
set a high example of civility and respect for a citizens rights and the exhibition of the highest moral
caliber
failures of the draft rules:
these rules discriminate on the basis of religion; •
gym, P~ex.
lief. To:
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if one presents the affirmative defense of medicinal use the police treat such affirmative defense as a
get out of jail free card
however if one raises the affirmative defense if religion one is carted off to jail
the police, recognise the religious use of Cannabis as an affirmative defense yet the rules say that one
presenting such a religious defense shall not be left alone but arrested this is persucation based
solely on religion
what is sauce for the goose should be gravy for the gander
these draft rules are not only a violation of 14th amendment rights to equal protection under the law
but they also create a law which persecutes a person with the punishment of arrest based only on
ones claim of religion instead of medicine
In the United States clinical research for the positive benefits of Cannabis are very rare; until recently
they were non existent, yet in Britain the first test of the positive effects of Cannabis describe its
usefulness as a medicine as miraculous
[see attachment
[ see http://www.Cannabisnews.com/news/thread11254.shtml ]
Jesus commanded his followers to heal the sick in accordance with the will of his Father in heaven
when clinical scientist describe the pain relieving and other positive effects of Cannabis as miraculous
then this is the crossroads between medicine and religion
this solidifies the legitimacy of a Church worshipping and practicing with Cannabis ESPECIALLY in
the realm of religious healing
Such Cannabist faith healing is an inalienable right as defined in Blacks Law Dictionary as a right
which can only be given up and never taken away by any government
the members of the Religion of Jesus Church do not give up our right to use Cannabis for healing
religiously
the only way to possibly abrogate such a fundamental American right is via the amendment process
to the US Constitution and Hawaii State constitution
since an amendment has never been passed to outlaw a citizen from religiously using this God Given
Cannabis a MIRACULOUS cure, law enforcement has no legitimate concern in invading the privacy of
ones home to religiously persecute any citizen
further the draft rules fail in several other regards
the rules say an officer shall not decide when State versus Blake shall apply leaving that to the courts
however the rule do not address the preexistence of stipulated agreements recognizing the only
contestable issues in certain Churches for example Rastafanianism or The Religion of Jesus Church
the draft rules fail to instruct an officer to not arrest someone when the courts have recognized by
such stipulated agreement that State v. Blake has already been complied with such as with the
Religion of Jesus Church and Rastafarian Iyah Ben Makahna of Guam who has his religious rights
protected while visiting me and others in this state recently and in the near future
these rules misidentify gender with maturity
the redefining of maturity to mean the display of gender only exhibits the depth of foolish ness of this
draft
it is ludicrous to attempt to redefine common words into something they do not mean
here are some examples of mature plants
(High Times calendar]
Just like a banana must turn from green to yellow signifying that the starch has been converted into
fructose the white tricomes shown in these pictures must turn from white to amber signifying that
the majority of Cannabinoids have been converted into delta nine THC in order that the patient may
have an adequate and mature amount of this miraculous medicine
one does not allow voter registration of a newborn baby because one can determine its gender
one does not harvest the freshly emerging fingers of green bananas
a patinet does not get an adequate supply of Cannabis by such parsimonious defining of immature
plants only displaying their gender as mature medicine
the intent of the legislature was to provide an ADEQUATE supply; not a game of gottcha for the cops
to play on sick folks
a Hate crime and cruel and unusual punishment was given by the judges and jury of the Kona vice
squad to a member of my church recently when police invaded his home with a rush job warrant
which reflected no call to Dept. of Public safety which offered no probable cause that he a holder of a
medical card had any excess of seven plants in fact the warrant reflected no medical rights at all'
he was subjected to cruel and unusual punishment where as a result of the shock of this invasion of
his home he was sent into a bout of intense nausea and officers held him and prevented him from
gaining access to this miraculous cure while he vomited into a bucket this is a individual who has
survived the three day life expectancy he was once given who has survived many months of
chemotherapy and intense radiation therapy who is left weakened in pain from radiation related bone
degeneration being subjected to the cruel pain of intense nausea and vomiting because of the lack of
compassion of bullies with badges beating up on a sick person shame on the county officials who
allowed this and the desecration of his religious shrine including a picture of Jesus which was
decimated thrown on the floor ant literally walked on
a disgusting hate crime
were Kona vise officers to burn a swastika on a Jewish persons lawn news media from around the
would come to gawk
the rules fail to address the total intent of the council to for the police to address all the constitutional
issues wherein use of Cannabis is legally protected
in adapting the language found in article one section six of the Hawaii State Constitution Con Con
Delegate Helen Hale [former Big Island Council woman] declared five times in open debate that this
specific language would prevent the police from arresting anyone from using Cannabis in the
PRNACY of ones own home[she used the propaganda term for Cannabis "marijuana"<sic>]
the draft rules fail to identify or outline police procedures to protect any citizens right to privacy
especially since the state fails to demonstrate a compelling state interest to violate ones privacy
the State of Hawaii has not demonstrated a compelling state interest which the State must do first
prior to the invasion of anyonesw privacy for Cannabis in ones home
a process which must occur BEFORE the other elements of St. V Blake come into force the state of
1-Iawaii has never completed this burden of proof and can not
such a compelling state interest in this case can not in any way be logically demonstrated
if the State on one hand allows one to use Cannabis to medically heal then no possible or compelling
reason exist to prevent the religious use of cannabis for healing purposes the exact same end
reflected in the medicinal affirmative defense
the placebo effect is proof positive that faith healing works
the Draft rules also fail to address not only the State constitutional right to use Cannabis in the
privacy of ones own home but article one section twenty two guarantees ones right to pursue
happiness
as long as the arrest is only about Cannabis and if its use is in pursuit of happiness in the privacy of
ones own home and since their is no demonstration of a compelling state interest then the draft rules
must be amended to state that in such cases even probable cause is not sufficient to gain any
warranted or warrant-less search or arrest of anyone in the privacy of their own kuleana pursuing
happiness via the medical or religious use of Cannabis.
These draft rule must draw the line at the threshold of the kuleana that higher priorities exist for
lawe enforcement than invading the privacy of ones home if the only so called crime is the private
pursuit of happiness and religion via the miracle plant Cannabis
the proper, Pono, response of county officials should be to conserve precious Judicial and law
enforcement resources and de-prioritize any arrest of anyone on their private property for use of or
cultivation because casual glance can not determine whether Cannabis on private residential property
is legal or not
their are better uses of Police personnel and resources than arresting 615 people a year for so called
Cannabis crimes as was done in 2000
the earliest recorded attempt at prohibition was in the Garden of Eden with the first attempt at the
forbidden fruit syndrome, this was a miserable failure; if even God cant make prohibition work what
makes any fool in government think that they can pull it off
the draft rules also fail to make any provision for treaty rights which like the constitutions are the
supreme law of the land
a recent guest in my home was Iyah Ben Makahna [Ben Guerrero] who won the right to religiously
use and transport Cannabis at Guam international airport as the result of the historic Guam
Supreme Court decision in his case
as of this writing the police are suppressed from interfering with any Guam native who is Rastafari
further the rules fail to outline procedures to ascertain the dry weight of any Cannabis prior to
performing any arrest
the law allows three ounces of dry Cannabis per patient/caregiver combination
dry means zero moisture
given the high humidity of the local air no Cannabis which is found in the open air is at zero moisture
the rules need to be clear that patients are not held accountable for the weight of the stems or any
existent seeds
no procedure exist in the draft rules to make sure an traffic officer does not make awarrant-less
arrest of a caregiver in the act of transporting medicine to a bona-fide patient because the apparent
weight of wet or partially wet or seeded Cannabis exceeds the three ounce limit
I am not alone in the perception that we are experiencing a deepening crisis of honor in the Hawaii
County Police Department.
Since the beginning of Green harvest almost 25 years ago we Cannabist have either witnessed or
heard about the corruption of our police by the seemingly irresistible lucrative opportunities resultant
from prohibition inflating the street price of Cannabis to almost twice the value of gold
Many came forward with tales of the green van which in the first few years would cart off the valuable
flower tops leaving the worthless sticks and leaves to be burned, in recent years Glenn Robinnette
testified before the county council that he had discovered that a portion of the moneys for green
harvest went to the purchase of webbed lobster dive bags; the obvious conclusion being that so many
bags were needed to segragate Cannabis Flower tops for the cops to either hall of then or return for
later retrivial
the police never adequately explained such purchases of these dive bags for use on arial missions
where cops would repel into remote
recently the taxpayers of Hawaii county have been forced to witness and pay for the promotion
scheme between police officers and the hierarchy of Police command
we have see officers who after a fatale car crash were given meaningless jobs like shore-line building
inspector presumably to protect their benefits
the very building in which this testimony is being given is a crime scene
how disgustingly unique
someone stole 50,000 from the evidence room
a crime which I understand has never been solved.
yet the Police while cheating them selves out of promotions and drunkenly killing each other on the
road and stealing evidence have enough time left over to arrest 600 people a year for so called
Cannabis crimes
while citizens and neighbors report to me of many reports of ice houses which for years go unheeded
in the Police commission hearings last year a report was produced by a former police officer which
documented a relative of someone iri the force operating a ice house with impunity.
Recently claims have even been made of police officers obtaining ice for a paramour
given these recent scandals and given the rampart scandal in LA, the citizen has every right to be
concerned that a river of corruption does not run through our local law enforcement
the Police department is made up of many honorable and fine individuals
the police in their daily enforcement of the law must posses an understanding of the citizens rights
and not simply shrug it off to the courts
the officers of the law at Nuremberg were not allow the excuse that they were only following the law
and obeying orders humanity forever revealed that officers of the law and other authorities are not
exempt from higher law
drug abuse is bad the drug war is worse
the choice for county Police is stark and clear be hero's they are meant to be by protecting our God
given right to heal with this holy miraculous herb and leave Cannabist alone in the privacy of their
own homes or be bullies with badges and beat up on sick people and the present day saints who are
only following their religious leading to pray and heal with Cannabis.
Rev Dennis Shields
The Religion of Jesus Church
http: / /www.TheReligionofJesusChurch.org
editor(aJa~aapirac.or~, dpfhi@.dr~a~sens~.org, subaaaissiox~s@caa~nabisnews.coffi, 07:4 PIS O1
To: editorCmapinc.org, dpfhiC~drugsense.org, submissionsCcannabisnews.com
From: "Rev. Dennis Shields" <konagolcl~a,konacoast.com>
Subject: OPED: Freedoms prescribed by founders are absolute
Cc:
rv
Bcc: "Bond Family" <nbondCbigpond.net.au>, Bud <buddotcom@iav.com>`~
BMurphy422craol.com, peacein~>maui.net, SC Chat <scchat@drugsense._g>
Attached:
Newshawk: Rev. Dennis Shields ~
Pubdate: Fri. Jan. 4, 2002
Source: West Hawaii Today s
Copyright: 2002 West Hawaii Todav
Contact: wht@aloha.net
Website:http: / /www.westhawaiitoday. com/daily/ 2001 /Jan-21-Mon-2002/ opinion/
Author: Rev. Dennis Shields
http: / /www.TheReligionofJesusChurch.org
Viewpoint
Freedoms prescribed by founders are absolute
By Rev. Dennis Shields /Captain Cook
The editorial Jan. 4 drew several false conclusions e.g. the religious use of cannabis is
wrong but the traditional
religious use of peyote is OK. Tradition is not in the First Amendment, nor is tradition
the criteria of Hawaii case
law. If tradition were a criteria for religious freedom, then many newer religions like
Bahais, Mormons, Jehovah
Witnesses and Scientologists would not meet this standard. The First Amendment was
created to prevent this kind of false standard from being applied to any religion
Many members of the Religion of Jesus Church state their reason for joining our
church is that the religious use of
cannabis increases spiritual receptivity and enhances their creative imagination. These
religious experiences are
real and rightfully constitutionally protected. Rather than anend-run, we seek to
secure constitutional protection for aGod-given liberty.
Many of us would have remained agnostic or atheist, were it not for the religious
experiences gained through the use of this miracle herb. We would not have obtained
the personal relationship we now share with God and Jesus
without it. One may disagree with our religious views and experiences, but the First
Amendment guarantees no one can deny this inalienable right and mandated church
practice.
Many of our members have faced religious persecution and arrest. Some have gone to
Prated for "Ite~r. I)en~ais Shields" <ll~onagold(alionacoast.cona> 1
edito~~apiuc.org, dlafhiCdnagsense.org, subu~issions@cauuabisaaews.corcu, O`~:~2 P1VI O1
jail for obeying the command of Jesus to "heal the sick in accordance with the will of my
Father in Heaven." Since it is evident that cannabis heals, and that God created it, our
right to use it for religious purposes including healing, has always been inalienable.
The determining criteria is set by Hawaii case law, which has afour-prong test to
justify the burdening of religion: Is the religious belief sincerely held; is the religion in
question legitimate; is the religious practice an essential element of the faith in question
and does the state have a compelling state interest to burden the religion and is such
by the least restrictive means
The debate as to the religious use of cannabis is settled. The state has stipulated to
three of the four-pronged test
found in State versus Blake. One issue remains: Can the state demonstrate a
compelling interest such that the least restrictive means of burdening religion is total
prohibition of cannabis use, even invading the home to prevent
religious and medicinal faith healing or requisite cultivation.
Such a demonstration has never been made and is impossible given cannabis use in
faith as a component of healing and the Legislature's endorsement of the medicinal
cannabis use.
We agree with the editorial opinion that the cannabis laws are outdated and
undeniable evidence exists for
dc: criminalization. However it doesn't make sense to say editorially these laws don't
work and should be changed and also deny the religious freedom to do so.
We believe this contradiction is caused by a prejudice directed at the antics of one
outspoken, and often childish
member of our church, currently on trial. We understand why the newspaper media on
both sides of the island have even mocked our cause in reaction to this individual. For
years many of us have expressed frustration directly to this individual. We are
frustrated that such good works, as testifying and helping patients testify for medicinal
use before the Legislature; giving medicine or plants to qualified patients with nowhere
else to turn; giving council to those in need where to get scarce medical approval; and
other acts of good will done in private and in quiet are overshadowed because of the
revulsion created by this one individual.
We would agree, were the editorial opinion this individual is the worst case scenario to
be on trial and religious
freedom be dependent on such character, however, even the worst case example
deserves religious freedom for that is the tide which raises all boats.
We agree with the point that if an opium church were to fulfill this test then such
church would have religious
rights.
We disagree this would be a bad thing, when the drug war only perpetuates the
constant population of junkies
burglarizing our homes and businesses, to satisfy a $500 dollar a day habit worth only
~riaited for "rev. I3eaa~is shields" <lcouagold(a~lconacoast.coan> ~
cditor@a~~piac.org, dpfhi~dru~sease.org, subaaissioas@caaaabisaews.co~, O"7:~2 P1Vi O1
five cents if more humanely
regulated. Drug abuse is bad, but the drug war is worse. Hard drug addicts need
humane medical care not judicial punishment adding salt to raw wounds.
The thought that everybody would be free to try it and would is a red herring, anyone
can buy gasoline legally, sniff
it get intoxicated until their brain hemorrhages, yet few do so.
We offer the opinion that such a church would be a welcome relief to this failed war on
drugs; which is more harmful to society than is drug abuse; sanctuary is a historical
even traditional role of the church against similar and once legal blasphemies like
slavery .
Currently there is no claim of religious sanctuary for opium use being made, so this is
another red herring, which
implies falsely the harm from opium to the relatively harmless cannabis. It is both
illogical and wrong to deny the
religious use of a harmless herb because a different herb is considered harmful.
A far better target for editorial angst is the river of corruption polluting the police
departments both here, and
nationally; the headwaters of this malignancy is the cesspool known as the drug war.
Law enforcement double dips
even locally; after all if $50,000 is stolen directly from the Kona evidence room how
much is stolen before it ever gets there? Why are so many eradication missions flown at
peak harvest times when the most profitable contraband could be ripped off? If police
have a moral culture where they will cheat themselves out of promotions, then what will
the public be cheated, and to what extent? Given recent events one wonders if there is
a higher crime rate per capita among Hawaii police, than among the general
population? The evident corruption of the police is a far greater harm to society than
will ever come from someone offering cannabis in worship.
bcommandC~we sthawautoday. com
Printed for "l~ev. Dennis Shields" <~ona~old(r~,l~oaaco~st.coaa> 3
cannabisnews.com: Cannabis a Medical'~firacle -It's Official
Subject: cannabisnews.com: Cannabis a Medical Miracle -It's Official
Date: Tue, 06 Nov 3001 12:29:05 -1000
Froyn: "Rev. Dennis Shields" <goldkona@gte.net>
Reply-To: konagold~konacoast.com
Organization: The Religion of Jesus Church
To: Brian Murphy <Bl~iurphy432~aol.com>, Dwight and Natec <natec@intexpac.net>.
Jim Kimmel <peaceinc@maui.net>, Wally <wa11yb41~aoLcom>•
Lamar Zabielski <zeb~utalk.org>, Dennis Nicomeade <soulnet~usa.net>,
kona gold <konagold@kona.net>, Lynette Shaw <elshaw@linex.com>•
Jon Biloon <jabiloon@gte.net>, mail <mail@savehawaiinews.com>•
ahmenheaven <ahmenheaven@aol.com>, Lee Philips <leelo1620@hemp.net>,
raychristl <raychristl~hotmail.com>,
"Rev.'s JT & Lani Taylor" <ntaylor@gte.net>•
Jerry Rothstein <jerry@turquoise.net>, whmjar <whmjax•@ilhawaii.net>.
mike <mike@archangeles.com>, brotom <brotom@lava.net>,
Maxie <Maxie~gte.net>, sonny <SCHNEIDEWOO1G~hawaii.rr.com>.
"Rev. David Jack" <jacks@goldrush.com>
http://www.cannab~snews.com!news /thread11~54.shtml
http://www.TheReligionofJesusChurch.ora
Informing the public about cannabis ~g
i ~ € •
Posted by FoM on November 03, 2001 at 19:59:36 PT
By Anthony Browne, Health Editor -'The Observer
Source: Guardian Unlimited
Cannabis is a 'wonder drug' capable of radically transforming the lives of
very sick people, according to the results of the first clinical trials of the
drug. Tests sanctioned by the Government are proving far more successful
than doctors, patients and cannabis campaigners ever dared hope. ~
Some of the patients are simply calling it a 'miracle'. Taking the drug -which it is still
illegal for doctors to prescribe -has allowed a man previously so crippled with pain that
he was impotent to become a father; a woman paralysed by multiple sclerosis to ride a
horse for the first time in years; and a man who couldn't sit up in a chair on his own to
live without a carer.
Until now claims of'the benefits of the drug for certain conditions have been anecdotal.
But the preliminary results of the UK government trial, started last year, suggest that
80 per cent of those taking part have derived more benefit from cannabis than from any
other drug, with many describing it as 'miraculous'.
The results make it almost inevitable that the Government will bow to public pressure
and legalise the cultivation of cannabis for medical purposes by 3002. Scientists now
predict that cannabis -first used for medicinal reasons 5.000 yeax•s ago -will follow
1 of 30 12/30/.`x.001 11:18 :1'~I
canr.;zbis:~ews.com: Cannabis a Medical iVLiracle -It's Official
aspirin and penicillin and become a 'wonder drug' prescribed fox, a wide range of
conditions.
Bowing to pressure for a less hard-line attitude, the Home Office started the firs± major
cannabis trials in the world to see whether there was any scientific basis for its use as
medicine. A licence was granted to a specially formed drug company to grow the plants
under controlled conditions in a secret location in southern England.
Twenty-three patients, suffering from multiple sclerosis and arthritis, were recruited on
to the first trial, and given daily doses of cannabis by spraying it under the tongue,
before wider trials were started.
The remarkable stories of the patients will be revealed tonight on the BBC programme
Panorama ,which was granted unique access to them.
Alex Ure, a former paratrooper, suffers from a severe spinal condition. The pain was so
bad he considered suicide; he found legal painkillers turned him into a zombie and he
couldn't have sex with his wife, Wendy, for five years. But after starting the trial he
became a father. 'I couldn't even bend down and play with a child before - I could do
anything now,' he said.
His doctor, Willy Notcutt, of James Paget Hospital in Great Yarmouth, was sure the
cannabis was responsible: 'His pain has been sufficiently controlled to engage in sex
again,' he said.
Tyrone Castle, a former publican, started suffering from multiple sclerosis when he was
21 and became so incapacitated he needed two helpers to winch him out of bed. He also
suffered fram uncontrollable spasms. Cannabis has transformed his life.
'It has really helped sort out my spasms. It helps me sleep because I don't spend the
night jumping about. The difference in my legs is unbelievable -they are no longer stiff
as a board,' he said.
Jo, the wife of a school chaplain, suffered so badly from multiple sclerosis she would
struggle to lift her legs up in the aix• six times. After she started the trial, she could lift
her legs 25 times. 'It's miraculous, really extraordinary. I've never had any sort of relief
of this kind, and I've tried px°etty well everything,' she said.
Notcutt said the trial was a success: 'The results have exceeded what I dared hope for.
We're getting 80 per cent of patients good-quality benefit from the cannabis. For some
we are getting almost total relief from their pain, with pain scores going down to zero.'
Doctors believe cannabis could eventually prove useful in conditions such as
osteoporosis, cancer. HIV and Aids, arthritis. spine injury and certain forms of mental
illness.
'Cannabis from the Chemist' will be shown on 'Panorama' on BBC1 tonight at 10.15pm.
Note: Scientific tests of 'wonder drug' give patients new hope.
Source: Guardian Unlimited. The (LTK)
Author: Anthony Browne, Health Editor
~ °f 12/~/2001 11:18 X111