HomeMy WebLinkAboutRES 063 Draft 01 2002-2004 OFFICE INFORMATION ONLY
Meeting: Finance Committee - 02/01/2005
Action: Close file per Comm. 83 dated 01/20/2005
Re: Res. 63 -03; Comm. 198
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 63 03
RESOLUTION DELETING CONDITION NO. 5 FROM RESOLUTION 46-01 (DRAFT 4),
WHICH AUTHORIZED THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT
WITH THE UNITED STATES OF AMERICA, PURSUANT TO HRS 46-7, FOR A STATEWIDE
MARIJUANA ERADICATION GRANT.
WHEREAS, on March 9, 2001, the Hawaii County Council passed Resolution 46-01
(Draft 4), which authorized the Office of the Mayor to enter into an agreement with the United
States of America, pursuant to HRS 46-7, for a statewide marijuana eradication grant; and
WHEREAS, after public hearing and deliberation by the Council, the following seven
conditions were imposed as a condition of the receipt of monies by the County to fund
marijuana eradication missions:
1. Rappelling shall be at least 500 linear feet from any residence.
2. These funds shall not be used for any aerial spraying activities.
3. Flights under 1,000 feet over any residential areas shall be restricted unless
probable cause exists.
4. A report shall be submitted to the County Council within thirty days from
completion of each mission detailing the number of plants eradicated, the area
(location) of the mission, the number of complaints received from the public, the
type of complaints, and their disposition.
5. The County Police Department shall work with the State Department of Health
and the State Department of the Attorney General to develop a plan where a
portion of the confiscated marijuana can be set aside for medical marijuana use.
6. The Hawaii County Police Department shall develop written rules and
regulations for this program.
7. The Hawai' i County Police Department shall also establish written rules and
regulations regarding the use and/or possession of marijuana which may be
protected by State and/or Federal law and/or the U.S. and State constitutions.
WHEREAS, the Hawaii County Police Department has complied with all of the
conditions set forth in Resolution 46-01; and
WHEREAS, with respect to condition no. 5, the Hawaii County Police Department
outreached to both the State Department of Health and State Department of the Attorney
General, to seek the development of a plan for "a portion of the confiscated marijuana" to be
"set aside for medical marijuana use;" and
WHEREAS, via letter dated September 30, 2002, the State Attorney General has
opined that condition no. 5 of Resolution 46-01 "cannot be legally implemented," and
recommends the County "revise" this condition; and
WHEREAS, the State Attorney General bases this conclusion and recommendation on
the fact that the Supremacy Clause of the United States Constitution, Article VI, clause 2,
provides that all state laws shall be subservient to federal law, and that although Hawaii may
have passed a law authorizing the possession and distribution of marijuana in limited
circumstances, there has been no similar federal law passed; and
WHEREAS, the State Attorney General, as the chief law enforcement authority in our
State, has further opined as follows.
In Article XVI, section 4 of the Hawaii Constitution, all eligible public officers are
required to take an oath solemnly swearing, amongst other things, to "support and
defend the Constitution of the United States." The Constitution of the United States
clearly indicates that federal laws must be obeyed, state laws to the contrary
notwithstanding. Therefore, the Attorney General cannot support and defend the
Constitution of the United States, on one hand, while, on the other hand,
knowingly violating federal law by agreeing to participate in developing a plan to
distribute marijuana.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII that Resolution 46-01 shall be amended to delete condition no. 5, requiring that "The
County Police Department shall work with the State Department of Health and the State
Department of the Attorney General to develop a plan where a portion of the confiscated
marijuana can be set aside for medical marijuana use."
BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the Office
of the Mayor, Hawai' i County Police Department, and Department of Finance.
Dated at ,Hawaii, this day of , 2003.
INTRODUCED BY:
II~
COUNCIL MEMBER, CO NTY OF HAWAII
S: Departments/POlicelResolution amending reso #2 46-01 3-17-03/LSAmr
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii
Hilo, Hawaii AYES NOES ABS EX
ARAKAKI
I hereby certify that the foregoing CHUNG
RESOLUTION was by the vote indicated to
the right hereof adopted by the COUNCIL of ELARioNOFF
the County of Hawaii On _ HOLSCHUH
ATTEST JACOBSON
LEITHEAD-TODD
REYNOLDS
SAFARIK
TYLER
Reference C-198/FC
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLU PION NO. 6.3 Oa3