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HomeMy WebLinkAboutCOM 1018.000 2004-2006 CONSTANCE R. KIRIU or WILLIAM E. SMITH County Clerk iQ?t'~~ Deputy County Clerk •i~,. 3•oi'wi Coun o Hawai `i RECEIV!'i ~ Office of the County Clerk _ AO_G i Q..1008,__ 25 Aupuni Street ~ (',py~ COU11dl Hilo, Hawaii 96720 Telephone: (808) 961-8255 Facsimile: (808) 961-8912 August 10, 2006 TO: Council Members FROM: Constance R. Kiriu~ County Clerk RE: Initiative Petition Methamphetamine Eradication Act of 2006 As requested by Mr. Roger Christie in his email to me, the Methamphetamine Eradication Act of 2006 Petitioners' Committee is requesting the County Council to review the clerk's certificate pursuant to Section 11-5, Hawaii County Charter. Section 11-5(c) states the following: "A majority of the petitioners' committee may request the county council to review the clerk's certificate, at or before the meeting at which the clerk presents the certificate to the council. The council shall review the latest clerk's certificate, upon the committee's request, and shall approve or reject the certificate or may substitute its own determination of sufficiency of the petition by resolution. The review actions of the council shall be final but shall not preclude the filing of a new petition for the same purposes." Should you have any questions, please feel free to contact me at 961-8271. Att. Comm. No. I0I8 Ref. To: C~1~W1~` Reif. Uate AU6 11 9(jQ~ Hawai `i County Is An Equal Opporlanity Provider And Employer STACYK HIGA JAMES Y. ARAKAKI Chair & Presiding Officer , ±..~'~•~.c PETE HOFFMANN FRED HOLSCHUH, DR. VIRGINIA [SBELL DONALD IKEDA vice chair BOB JACOBSON • r, a•N~~~ ANGEL K. PILAGO GARY SAFARIK HAWAI `I COUNTY COUNCIL County ofHawai `i Hawaii County Building 25 Aupuni Street Hilo, Hawa(`i 96720 August 10, 2006 Stacy K. Higa, Chair Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 RE: Communication No. :Certificate of insufficency Methamphetamine Eradication Act of 2006 Petition. Pursuant to Section 2(g) of Rule 4 of the Rules of Procedure of the Council of the County of Hawaii, this written request is submitted with my approval that the above-referenced matter be waived from the Committee on Finance to the full Council for immediate action. In reviewing this matter, timely approval is crucial. It is therefore advantageous that approval is granted and the matter placed onto the next Council agenda for review. However, in the event this request is denied, for whatever reason, I understand the matter shall be referred to the Committee on Finance for placement on its future agenda. Sinc rely, Cyy~~ Virginia Isbell, Chair Committee on Finance Appr d/Date/Waive~to~jCounci . Disapproved/Date/Refer to FC: !i2~1~`_ Stacy K. Higa, Chair Stacy K. Higa, Chair Hawaii County Council Hawaii County Council VI/smc Hawaii County Is An Equal Opportunity Provider And Employer M1Y Of ~'L~ CONSTANCE R. KIRIU ~ WILLIAM E. SMITH County Clerk ; ; Depuy ~ounty~Ckrk OFFICE OF THE COUNTYC~~s7~~ 10 Rf~i 1~ 53 Elections Division County ofHawai'i -,jT~--~~~"_ - .i lit'.. , ~-i-' Hawaii County Building 25 Aupuni Street Hilo, Hawai `i 96720 In the Matter of the ) Initiative Petition of ) CERTIFICATE OF INSUFFICIENCY The Methamphetamine Eradication ) EXHIBITS "A", "B", "C", "D" Act of 2006 Committee ) Methamphetamine Eradication Act of 2006 Petition CERTIFICATE OF INSUFFICIENCY METHAMPHETAMINE ERADICATION ACT OF 2006 PETITION Pursuant to Article XI, Hawaii County Charter, the initiative petition submitted by the METHAMPHETAMINE ERADICATION ACT OF 2006 COMMITTEE, which amends Chapter 14 of the Hawaii County Code by creating a new article, is hereby certified and deemed to be insufficient. The petition must contain 4,846 valid signatures to be deemed sufficient. The Methamphetamine Eradication Act of 2006 Committee filed a petition containing five (5) signatures on August 9, 2006. It is determined that a total of five (5) signatures submitted by the Methamphetamine Eradication Act of 2006 Committee were qualified and valid. This is 4,841 signatures below that required to be deemed sufficient. Pursuant to Section 11-5(a) and (b), Article XI, Hawaii County Charter, the following findings, which will be presented to the Committee as outlined herein, show the particulars wherein the petition is not sufficient. The Methamphetamine Eradication Act of 2006 Committee is hereby notified that, pursuant to the Section 11-5, Article XI, Hawaii County Charter: Kawai'i County is an equal opportunity provider and employer. 1. If a majority of the Committee elects to amend the petition, you must notify the Clerk. If not, you are hereby notified that the Clerk shall present this certificate to the County Council at its meeting on August 23, 2006, at which time you may request that the County Council approve or reject the certificate or substitute its own determination of sufficiency of the petition by resolution. You are hereby notified that the review actions of the County Council shall be final. 2. If the Committee elects to amend the petition, a supplementary petition may be filed with additional signatures within ten days following receipt of this certificate. The above is based on the applicable law, the documents received, the evaluation of the documents conducted by my staff, and the following findings. FINDINGS 1. The sufficiency of the petition was determined based upon the provisions of Article XI, Hawaii County Charter; informal written and verbal opinions from the Office of the Corporation Counsel relating to the required number of signatures necessary to determine sufficiency, and the validation of signatures; and, to the extent applicable and practicable, the basic procedures used to evaluate nomination papers and qualifying political parties. Every signature line was manually evaluated by staff members from the Election Division of the Office of the County Clerk on August 9, 2006. 2. Section 11-2(c), Hawai`i County Charter, relating to Submission Requirements, reads as follows: Each initiative petition and each referendum petition must be signed by qualified voters of the county equal in number to at least fifteen percent of the total number of persons who voted in the county for the office of the mayor in the most recent second special 2 election, or, if there had not been a second special election, in the last preceding general election. 3. It is determined that the Committee needs 4,846 valid signatures of qualified voters to be deemed sufficient based on 32,305 total votes cast for mayor in the 2004 special election x 15% = 4,846 qualified voters. It should be noted that 57,944 electors turned out to vote in the 2004 General Election; however, the mayor's race was determined in the first Special Election. If the General Election voter turnout was used to calculate the required number of signatures, the required number of qualified signatories would have been 8,699. In view of the ambiguous language of the Charter, it was determined that the interpretation should err on the side of the petitioning electorate by using the lower number of 4,846. It is important to note that the Committee believes that an initiative petition requires only one valid signature of a registered voter to be deemed sufficient to qualify for placement on the general election ballot. The Committee is relying on the rationale of West Hawaii Today editor Reed Flickinger in his May 19, 2006, newspaper editorial (see Exhibit "A"). Mr. Flickinger writes, in relevant part: "Harry Kim was elected mayor in the last primary election. No votes were cast for the mayor in the General Election, so by law, if it is accurately interpreted and not misinterpreted by Hilo factions, the number of signatures needed for any initiative or charter amendment to appear on the ballot is one." 4. Section 11-3 and Section 11-4, Hawaii County Charter, read as follows: Section 11-3. Petitioners' Committee. For each initiative or referendum petition there shall be a petitioners' committee representing all the petitioners, which committee shall be composed of five members who shall be qualified voters of the county and signers of the petition. The committee shall be responsible for circulation of the petition and for assembling and filing the petition in proper form. The committee shall have the power to amend or withdraw the petition as provided in this charter. 3 Section 11-4. Initiative and Referendum Petitions: Forms and Sufficiency. (a) Initiative and referendum petitions shall be governed by the rules regazding form and sufficiency set forth in this section, as well as by such other rules as the county council may impose by ordinance, consistent with the provisions and with the spirit and purpose of the charter. (b) For immediate acceptance of petitions, the clerk of the council shall require that: (1) The petitions indicate by name and address, the five signers who constitute the petitioners' committee for that petition. (2) The petitions indicate the address, to which all notices for petitioners' committee aze to be sent. (3) The signatures to petitions be filed on paper of uniform size and style and assembled as one instrument. Upon presentation, petitions which reasonably comply with this subsection (a) shall be accepted by the clerk without delay; petitions shall be rejected for non-compliance. (4) Electors signing such petition shall print their names, add their signatures, residence addresses, social security numbers and the dates of signing on said petition. (c) For purposes of certification, any petition shall be found insufficient which: (1) Is signed by less than the required number of qualified voters of the county. (2) Proposes, or requests appeal of, an ordinance not subject to the powers of initiative or referendum. (d) Signatures are invalid and petitions insufficient: (1) If signers are not given an opportunity to read the full text of the proposed ordinance under an initiative petition, or the designation and description of the ordinance in question under a referendum petition, and if the full text of a proposed ordinance or ordinance under question is not contained in or attached to each signature paper or set of signature papers of an initiative or referendum petition, respectively, throughout circulation. (2) If affidavits (executed by the circulators for each set of signature papers) are not attached to the papers at the time of filing of petition with the clerk of the council. Each affidavit shall attest to the effect that: a particular individual personally circulated an identifiable set of papers; each paper bears a stated number of signatures; each signature on a paper was affixed in the circulator's presence; each signature is the genuine signature of the person whose name it purports to be. (e) Individual signatures may be withdrawn within fifteen days after the filing of an initiative or referendum petition with the clerk of the council by the filing of a written request therefore, by the individual, with the clerk of the council. 5. On August 9, 2006, the Methamphetamine Eradication Act of 2006 Committee submitted an initiative petition consisting of 1 petition page assembled as one instrument, containing the full text of the ordinance proposed by the Committee. The petition and ordinance 4 was accompanied by 52 pages of support information, which the Committee refers to as `exhibits.' A copy of the proposed ordinance is attached as Exhibit "B" and incorporated into this certificate by reference. The supportive `exhibits', while not part of the ordinance, accompany the ordinance in this certificate. 6. The Methamphetamine Eradication Act of 2006 Committee is comprised of five members who are qualified voters of the County and are signers of the petition: NAME DATE/PAGE SIGNED PETITION Roger Christie August 9, 2006/Page 0000001 Deborah Spence August 9, 2006/Page 0000001 Ernest A. Anderson August 9, 2006/Page 0000001 Daniel Jeffrey August 9, 2006/Page 0000001 Richard Gallagher August 9, 2006/Page 0000001 7. The signature page of the petition indicated the names and addresses of the members of the Petitioners' Committee and the address to which all notices could be sent- PO Box 202, Hilo, Hawaii 96721. 8. The signature page contained a space for (a) each signer to print their name as registered to vote, (b) the signature, (c) the street address as shown on voter registration application, (d) the date of signing, and (e) the signer's social security number. A page of the petition, attached as Exhibit "C" and incorporated into this certificate, is submitted as a sample page (with the personal information of the signers redacted.) 9. The pages were on papers of uniform size and style and assembled as one instrument. The instrument was submitted and reviewed in the presence of two members of the Committee. 10. The 1 petition page was time stamped, paginated, and accepted after it was determined that the petition page was accompanied by an Affidavit executed by the circulator of 5 the page attesting to the effect that the person circulated the petition, the petition page bore a stated number of signatures, each signature was affixed in the circulator's presence and each signature was the genuine signature of the person whose name it purported to be. A copy of the Affidavit is attached as Exhibit "D" and incorporated into this certificate by reference. 11. The petition page was processed after it was determined, in the presence of two members of the Committee, that a copy of the proposed ordinance (Exhibit "B") was attached to the petition page at the time of signing. The one signature page contained five (5) signatures or names. 12. Of those signatures or names, a manual review was conducted of each signature line to determine if the name and address provided by the signer matched the general register (Statewide Voter Registration System.) Because no ordinance had been adopted to guide the sufficiency and validation process, candidate nomination and political party petition procedures were used to guide the validation process. The manual review included, but was not limited to, the following guidelines: a. Every name was compared to the general register (statewide voter registration system.) If it was determined that the name matched the name of a duly registered Hawaii County voter, and if the residence address matched the address in the general register, the signature was deemed valid assuming it was properly dated. b. Persons who were not registered through a search of the general register were invalidated (NR). c. The information in the column entitled "Date of signing" was checked to confirm that the signer indicated a proper date of signing. Persons who 6 did not provide the date of signing, or provided an incomplete date, had their signatures invalidated (NSD). d. Further, persons who were not registered voters on the date of signing were invalidated. Persons from whom an executed voter registration affidavit was not received prior to or contemporaneously with the petition signing, were invalidated as having a "prior signature date (PSD)" The date check was made of every elector deemed to be a qualified voter. e. If the signer did not provide a residence address or if a post office box was provided, the signature was invalidated (NRA). £ If the residence address on the petition did not match the general register (Statewide Voter Registration System), the signature was invalidated (RANM). g. If the signer was a registered voter on Oahu, Maui, or Kauai, the signature was invalidated (NHC). h. If the signer did not provide a printed name, the signature was invalidated (NPN). i. If the signer did not provide a complete signature date (day, month, year), the signature was invalidated (NSD). j. If the person did not sign the petition, the signature was invalidated. k. Duplicate names were invalidated (DUP). 1. It should be noted that some signatures could have had more than one reason for its invalidity. 7 13. Finally, one signature was compared to that on file. No evidence was found to indicate that there was fraud or forgery. 14. Pursuant to Section 11-4(d), signers had unti14:30 p.m., August 24, 2006, to file a written request with the Office of the County Clerk requesting that their signature be withdrawn. No request was received by that deadline date. 15. Based upon a thorough and comprehensive examination of each signatory against the general register (Statewide Voter Registration System), the voter registration information on file, applicable law and procedures, I find the following relating to the validity of the signatures submitted: Total Signatures Required for Sufficiency 4,846 Total Signatures Submitted 5 Total Signatures Withdrawn At Signatory's Request 0 Total Net Signatures Examined 5 Total Valid Signatures 5 Total Invalid Signatures 0 Additional Signatures Still Required for Sufficiency 4,841 CONCLUSION It is determined that the petition submitted by Methamphetamine Eradication Act of 2006 Committee contains 5 valid signatures, which is 4,841 signatures below the required 4,846 signatures required for sufficiency. A Certificate of Insufficiency is hereby issued in accordance with Section 11-5, Hawaii County Charter. 8 A representative of the Committee will be invited by telephone, upon the signing and filing of this certificate, to pick up a copy of this certificate. This amended certificate will be mailed to PO Box 202, Hilo, Hawaii 96721 by regular mail and by certified or registered mail, return receipt requested. The certificate will also be emailed to Petition Committee Member Roger Christie. Copies of this certificate will be made available to the public on the day it is signed and filed after an initial attempt is made to contact the Committee by telephone. DATED at Hilo, Hawaii, this ~~day of August, 2006. Gµ~u.c,, R. ~.U;cru CONSTANCE R. KIRIU COUNTY CLERK, COUNTY OF HAWAII 9 Printer Friendly Page 1 of 2 , Wes# Hawai~'Tbday ~ . 0 v Print Page News from the C31g Island u i Council vote against equal access issue screams for voter referendum By Reed Flickinger rricay, May 19, 2006 B:AA AM biST Remember these names: Stacy Higa, Jimmy Arakaki, Fred Holschuh and Donald Ikeda. They are the Gang of Four and they are enemies of the democratic process. These men abused their power as members of the Hawaii County Council to deprive voters of this island a democratic right: To decide at the polls whether the council should meet in Kona on even-numbered months. They voted against a measure that would have allowed voters to decide if West Hawaii residents should be allowed equal access to government. They think they know better better than every voter on this island --what we want. Theirs is a corrupt perspective. The blame for this travesty of democracy falls squarely on the shoulders of Higa, the council chairman prone to bloviation and verbal bullying who directs dependent followers Tike Holschuh and Ikeda. He and his three cohorts don't have the sand to insult the residents and voters of West Hawaii in person. Rather, by action they have demonstrated their preference to run into the relative insulation and comfort of Hilo council chambers to abuse the rights and interests of Wesl Hawaii, the region that pays more than 70 percent of this island's real property tax revenues, yet in the eyes of this corrupt gang does not merit so much as the right to vote on an equal access to government issue. The people of West Hawaii, however, may not be left in the cold. This year technically may be open season on initiative, referendum and charter amendment, and this bill may have been moot after all. Any individual may be able to place any initiative before voters this fall. The Hawaii County Charter, the law governing how the county operates, in the section addressing initiative and referendum states: "Section 71-2. Submission Requirements. "(a) Voters seeking to propose an ordinance by initiative shall submit an initiative petition addressed to the council and containing the full text of the proposed ordinance. The initiative petition shall be filed with the clerk of the council at least forty-eight hours prior to any regular council meeting. "(b) Voters seeking referendum on an ordinance shall submit a referendum petition addressed to the council, identifying the particular ordinance and requesting that if be either repealed or referred to the voters of the county. "(c) Each initiative petition and each referendum petition must be signed by qualified voters of the county equal in number to at least (iteen percent of the total number ofpersons who voted in the county for the office of mayor in the most recent second special election, or, if there had not been a second special election, in the last preceding general election." Re-read carefully that italicized passage. Harry Kim was elected mayor in the last primary election. No votes were cast for the mayor in the General Election, so by law, if it is accurately interpreted and not misinterpreted by Hilo factions, the number of signatures needed for any initiative or charter amendment to appear on the ballot is one. We have the ability to put before this island's voters issues the council and administration haven't the wisdom, sand and veracity to produce: A separate West Hawaii Planning Commission; concurrency; impact fees; the 2 percent tax set aside for land acquisition. It is a wish list that could fill volumes and allow voters to correct what our county government has mismanaged, misappropriated and misconstrued. The Gang of Four has done a disservice to voters. They have placed themselves and their narrow-minded opinions before the wisdom of the voters whom they profess to represent. They stand squarely between the people and the democratic process, not serving the process of democracy, rather serving to undermine that process with the sole intent, by design, of protecting and prolonging the inequity of their treatment of West Hawaii, its access to government, perpetuating their insufficient delivery of services and protecting their flawed planning processes and decisions. However, the Hawaii County Charter may be their undoing. The Gang of Four and anyone who chooses to side with them may well be shown they are not above following the law. h EXHI~iIT A Printer Friendly Page 2 of 2 The powers of initiative and referendum allowed by the charter can and should be used by voters to enact legislation they seek, to put important issues before voters and to force balance and accountability in the governing process. Those powers are useful, strong and binding: It is up to voters to use those tools before them when elected offcials fail. rfl ickinger@westhawaiitoday.com Copyright O West Hawaii Today, 1997 - 2004 Stephens Media Group Privacy Statement Close Window [x] ;y c _ ~ , © 'a, 3 G ~ c m u v V O ~ m o y p, D C z E o c ~ F - :o o e O a 10 ro - L U) O1 O _7 U ~p a_~ - ~ W a ~ ~ 310 .r ~ ~ my c,~v O v v w ~l1 Z c~ vw vl m O m~ L v a O F i ro R C N ~ w 0! j t0 W N C L ~ U ~ 3 10 a C ~ N ~ O ~ ro N a L Y i~ O au tn~ N d C ~ ~ C 10 O ~ m ~ ~ `L U C J Oi ~ C a+ U U C N W ti O C - 10 ~ N pro L L C y w m °3~ 0 0 o ao oVa 0 ~ }U a O^ ~ c 1n y1 ~ F N ~ a CJJ QC y d II, C O 0J ~ O E mui c°o b O m m m w U ~ a ro o L c d V Q N a+ z ~ ~ ~ C w y C Q Q Q ro O" _ N Z ~ = C m U N O> L O C ` ~ u1 O H d = ~ = j yam,. L p O' W O ~ ~ W C Y :u 0/ ~ ~ C 10 L ~ zo E v ~ ay > ui o w _ O Z J ~ N y, ro C ~ ~ 1n N O. L a rp c ti ro r m W = Q f='- Oi N= O C .u Y C F- ~ LL N YO C V1 ~ C •H O ~ O a a v o ~ w ~ o v v ° o c n 7 U ~ Q z y N U U d ro r-. y' = O c E~ mdo v = U O o m E c y y Q w U V U T~ t o m v V o _Z w - ~ Oi O U N Y i O F .ro ~o Nva ° ~ w 3 La Lwm ro N y ~ N ~ m S to U~ w y, 0 ro Q 7 ro O O L 'm w Ow u'^ rn c c c m ~ o o- o m E m z z ooa 'v,m.N ~ m o ~ ~ z~ `-'v c ~ Ta ~ ~ ~ O a c v o-,~ a o d ~ ~ o a,2 E ~aa o ~ Z' j O U u ^a m ,0 m m m c O Z W W UJ 10 C ~ > > L •V ^ ^ ^ ^ U Q [n UI llI m s+ ~ ~ F- d N M 7 ul EXHIBIT B A lie, repeatedly told, remains the truth until corrected. This initiative is intended to be the correction and the solution for the meth' problem in Hawaii County. The lie started sixty-nine years ago when Cannabis hemp was purposely mislabeled, `marijuana', and misclassified as a "drug". The Marijuana Tax Act of 1937 was passed on August 2, 1937 and the prohibition has increased ever since. In the 1960's, 70's and `80's the police records of Hawaii County (and everywhere else) show that when Cannabis was plentiful the problems associated with methamphetamine use were virtua{ly nil. Section is FINDINGS. The people of Hawaii County find as follows: The history of Cannabis vs. methamphetamine in Hawaii * WHEREAS in 1995 the N.I.D.A., (National Institute of Drug Abuse), found in their landmark study of "Ice and Methamphetamine Use in Hawaii; 1991 - 1994" that the marijuana eradication program caused the conditions of poverty, `ice' abuse and the resultant meth crime wave, and Exhibit A.1. in 2002 Patricia Morgan, lead researcher, visited Hilo and verified her conclusions in a frontpage story of the HI Tribune-Herald, and Exhibit A.2. the study has been deleted from the N.I.D.A. website,. and in 2002 Roger Christie presented a hard copy of the N.~.D.A. `meth' study to the Mayor's office, and ' in August of 2006 Roger Christie called Billie Keroi to confirm that the N.I.D.A. `meth' study was still in the possession of the Mayor'~5roffice; and Exhibit A.3. } r.> * WHEREAS in 2001 Mayor Harry Kim declared war on 'ice' because the people of Hawaii County have been suffering the worst per capita rate of methamphetamine abuse in the USA, and Exhibit B.1. in 2002, `03 and '04 the Mayor hosted `Meth' Summit Meetings, and Exhibit 8.2. Roger Christie attended all the Summit meetings; and * WHEREAS in 2002 Hawaii County was deemed to be the model in the USA for dealing with the `meth' problem as it was awarded approximately $4 million in federal grants for its relatively small 160,000 population, and Exhibit C.1. U.S. Rep. Mark Souder remarked at a hearing in Kona that Hawaii County must do well with its 'meth' problem considering all of the grant money it is getting compared to other jurisdictions; and Exhibit C.2. * WHEREAS in 1996 the Hawaii County Council committed fraud by approving a mandatory program review and then ordering an inhouse "Special Study" of the marijuana eradication program which purposely did not ask the most crucial question, "were there any unintended consequences" to funding the program; and Exhibit D.1. * WHEREAS in July 2006 the National Association of Counties (NACo) studied the `meth' problem in the USA and concluded that it was still a growing problem in 44 states but it never asked what caused the problem, and the study did not include any mention of Hawaii, and Exhibit E.1. in August 2006 Roger Christie reviewed the report by NACo head Jim Phillips, who he called to discuss the report and Hawaii's absence; and Exhibit E.2. A partial history of the lie * WHEREAS on August 2nd, 1937 the Marijuana Tax Act of 1937 was approved in federal law; and Exhibit F.1. * WHEREAS in 1972 the Schaeffer Commission appointed by President Nixon concluded that marijuana was relatively harmless and must be decriminalized in order to avoid the damage of hard drugs and a lifetime of criminality for generations of young Americans. Pres. Nixon denounced the report and denied its conclusions signaling a culture war; and Exhibit G.1. w "Pakalolo" in Hawaii * WHEREAS in the 1970's and 1980's Hawaii island became known as one of the top producers of quality Cannabis on Earth with annual revenues estimated at between $500 million and $3 billion dollars; and Exhibit H.1. * WHEREAS in 1970 Operation Green Harvest began in Hawaii County under the tenure of former Police Chief Fergerstrom; and Exhibit I.1. *WHEREAS in 1979, the voters of Hawaii County approved a mandatory program review for all county programs every four years or the program shall terminate, and Exhibit J.1. the Hawaii County Council has yet to deliver a program review of The Operation Green Harvest program; and * WHEREAS three decades of excessive Cannabis law enforcement in Hawaii County has been based on incomplete or wrong information which has lead to the unjust marginalization, investigation, arrest, prosecution, conviction and imprisonment of a large number of otherwise law-abiding citizens who grow and use Cannabis; and Exhibit K.1. * WHEREAS from 1992 until 1998 Aaron Anderson and Roger Christie were selectively prosecuted for commercial promotion of hemp bird seed because they were "vocal hemp activists"; and they won their cases and immediately sued Hawaii County. The county settled for $75,000; and Exhibit L.1. * WHEREAS in August 1999 the funding for the marijuana eradication program was discontinued for one fiscal year with zero effect on other federally-funded County programs; and Exhibit M.1. * WHEREAS since 2001 the Hawaii County council has deleted public hearings on the annual "marijuana eradication program" budget thus violating the public's right to due process and to redress grievances; and Exhibit N.1. 7 The truth of Cannabis hemp High & Low THC * WHEREAS the term "marijuana" is a perjoritive term that appeared in the 1920's in a campaign of "Reefer Madness" lasting up until today to propagandize the natural herb Cannabis sativa commonly known for centuries as "hemp", and Exhibit 0.1. the Federal Agents do not make a distiction between the two very different plants; and Exhibit 0.2. * WHEREAS Cannabis sativa is a natural herb with a controversal and infamous history in Hawaii and throughout the world with numerous reported medicinal, industrial, religious and personal uses; and Exhibit P.1.P.2. * WHEREAS in 1999 the U.S. Institute of Medicine reported that Cannabis has bona fide medical uses for serious illnesses; and Exhibit Q.1. * WHEREAS Cannabis has shown promise as anon-addictive treatment susbstitute for those addicted to `meth' and alcohol; and Exhibit R.1. * WHEREAS Cannabis hemp flowers are now legally used in therapeutic applications and remedies in England and Canada, and Exhibit S.1. hemp seeds have been proven to be a superior source of vegetarian protein, essential fatty acids and amino acids; and Exhibit S.2. * WHEREAS in November 10, 2003 Forbes Magazine did a cover story about the ecomomics of Cannabis called "The Unstoppable Economics of a Booming Business"; and Exhibit T.1. 4 History of the Nation of Hawaii and hemp * WHEREAS in the 1750's is the first recorded history of Cannabis hemp in Hawaii when Russian sailors arrived with it; and Exhibit U.1. * WHEREAS in 1823 inhabitants of the Kingdom of Hawaii could pay their taxes to the King in "unwrought hemp"; Exhibit V.1. and in 1893 Hawaii recorded a world record harvest of thirteen and one half tons of clean hemp fiber per acre; and Exhibit V.2. Cannabis legislation in Hawaii * WHEREAS in 1979 the Constitution of Hawaii was altered to include the Right to Privacy granting, among other things, the cultivation and use of personal amounts of Cannabis in private at home; and Exhibit W.1. * WHEREAS Hawaii State law has classified as a misdemeanor the cultivation of 1 -24 Cannabis plants in private at home ;and possession of up to one pound of dried Cannabis is a misdemeanor; and Exhibit X.1. * WHEREAS various attempts have been made in the past and are being made in the present to legalize or decriminalize Cannabis hemp, and its many products that are in demand, here in Hawaii and elsewhere; and Exhibit Y.1. * WHEREAS in 1998 the Hawaii State legislature passed a law allowing for the research of industrial hemp, the only such test site in the USA; and Exhibit Z.1. Cannabis satvia "medical marijuana" * WHEREAS in 1999 the Hawaii State legislature passed, and the Governor signed, a law approving of medical Cannabis creating a legal privilege for cultivating and using Cannabis in private at home; and Religious Cannabis sacrament Exhibit A.A.1. 5 Religion and Cannabis satvia * WHEREAS in 2001 the Hawaii County Council passed, and the Mayor signed, rules for the "Religious Use of Marijuana" in Resolution 46-01; and Exhibit B.B.1. * WHEREAS there are churches and ministries in Hawaii County and the mainland US who mandate the cultivation Exhibit C.C.1. and use of Cannabis for their religious sacrament, such as holy anointing oil which is made with kane bosem; and Exhibit C.C.2. 6 * THEREFORE this initiative seeks to: 1.) increase the health, safety, well being and "domestic tranquility" of the general public, and 2.) reduce the excessive force, danger, nuisance, harassment and cost of the marijuana eradication program which mostly targets misdemeanor amounts, and 3.) honor the intent of the Constitutional Right to Privacy for Cannabis cultivation and use in private at home, and 4.) lighten the workload of police and Prosecutors by allowing the misdemeanor amounts of Cannabis cultivation and use in private at home, and 5). allow the promise of the Declaration of Independence and the guarantee of the Hawaii Constitution to be fulfilled by those seeking to pursue their happiness with Cannabis, and 6.) establish apro-Cannabis policy to increase the availability of safe and natural, herbal Cannabis cultivated and used in private at home, and 7.) increase the "adaquate supply" of Cannabis for medical patients, and 8.) be an example to the world by restoring the right to cultivate and enjoy the known uses of Cannabis, and to explore its potential benefits by allowing for misdemeanor amounts of Cannabis cultivation and possession in private at home similar to the wine and beer model. 9.) reduce the production and use of methamphetamine and the crime wave associated with it, and 7 Section 2: PURPOSE The ordinance codified in this initiative will: A. instruct the County government to support the decriminalization of Cannabis and amnesty for those previously convicted; and B. instruct the Mayor, Hawaii County Council, Prosecuting Attorney and Chief of Police to make Cannabis enforcement their lowest priority with respect to other crimes; and C. establish a policy allowing cultivation of up to 24 Cannabis plants per household, and allowing up to one pound of dried Cannabis in private at home, and prohibit the expenditure of public funds for enforcement of any Cannabis laws against cultivators and users in possession of quantities below that limit; and D. remove the fear of prosecution and the stigma of criminality from people who cultivate and/or use Cannabis for medical, religious and personal use in private at home, and E. extend police protection to those growing up to 24 Cannabis plants, or possessing up to one pound of Cannabis for medical, religious and personal use in private at home. Section 3: PROMOTE DECRIMINALIZATION OF CANNABIS IN HAWAII It is the desire of the people of Hawaii County that the cultivation and or possession of misdemeanor amounts of Cannabis be decriminalized. The Mayor, Prosecuting Attorney and County Council are directed to lobby the State and Federal government for the immediate decriminalization of misdemeanor amounts of Cannabis in private at home, and amnesty for those previously convicted. Section 4: ELIMINATE POLICE DEPARTMENT ARRESTS The Hawaii County Mayor and Council shall use its budgetary authority to ensure that Hawaii County Police Department make zero arrests and issue zero citations for violations involving 24 or fewer Cannabis plants, or less than one pound of dried Cannabis in private at home. Section 5: ELIMINATE FUNDS FOR CANNABIS PROSECUTIONS Neither the Mayor, nor the Hawaii County Council, nor the Prosecuting Attorney shall spend or authorize the expenditure of any funds for the investigation, arrest, or prosecution of any person, or the seizure of any property in any single case involving 24 or fewer cultivated Cannabis plants or less than one pound of dried Cannabis. Section 6: REPORTING The Mayor and Hawaii County Council shall instruct the Chief of Police and Prosecuting Attorney to report on December 1 of each year regarding Cannabis law enforcement and prosecution activities engaged in by themselves and by state, federal, and/or other law enforcement agencies within the County of Hawaii. Section 7: SEVERABILITY The people of Hawaii County intend that in case a court of competent jurisdiction should find one or more of the above Sections illegal, the remaining Sections remain in full force and effect. 9 LIST OF EXHIBITS The history of Cannabis vs. methamphetamine in Hawaii A.1. N.I.D.A. 1991-1994 Final Report "Highlights of the effects of marihuana eradication on the `ice problem." A.2. 2000 HI Tribune-Herald "Anti-pot efforts boost ice use" A.3. August 2006 phone call to Billie Kenoi B.1. 2001 Mayor Kim -"...war on `ice'..." B.2. Hilo - `Meth' Summit 2002, 2003, and 2004 C.1. 2002 $4 million summit C.2. 2002 I, Roger Christie, having attended the Meth Summits, heard U.S. Rep. Mark Souder's remark. D.1. 1996 Hawaii County Council "Special Study" E.1. pg. 1-2 July 18, 2006 NACo National Association of Counties The Meth Epidemic in America, The Criminal Effect of Meth on Communities A 2006 Survey of U.S. Counties pg. 2-2 three lists of states and numbers but no key to tell what is being measured AND Hawaii is not listed E.2. August 2006 Roger Christie called Jim Philipps of the National Association of Counties who published a METH Survey on July 18, 2006 pg. 1-3 A partial history of the lie F.1. The Emporer Wears No Clothes G.1. "Thirty-three years of denial; the first Report of the National Commission on Marihuana and Drug Abuse', revisited by Tom Miller of BI 2005 1 ~0 "Pakalolo" in Hawaii H.1. pg. 1-4 Land and Power in Hawaii pg. 275, 276, 277 and 459 I.1. May 18, 2006 HI Tribune-Herald BACK PAGE A8 Retired police chief dead at 88 " ...as chief was the start of the "Operation Green Harvest" J.1. Charter J.2. Zero review to this date K.1. pg. 1-2 January 1986 U.S Deprtment of Justice Drug Enforcement Administration SUPPLEMENT TO THE DRAFT ENVIRONMENTAL IMPACT STATEMENT Cannabis Eradication on Non-Federal and Indian Lands in the Contiguous United States and Hawaii pg.2-2 Chapter 1 PURPOSE AND NEED OVERVIEW 1-1 L.1, pg, 1-2 AUGUST 1, 2001 Hawaii Tribune-Herald FRONT PAGE "Pot advocates awarded $75,000" pg. 2-2 ANDERSON: County settles suit for $75,000 M.1. Sept. 1, 2000 HI Tribune-Herald A-4 "Big Isle rejects anti-marihuana funds" "A federal grant is returned amid lawmaker's fears of possible impeachment" N.1. 2001 Hawaii County Council minutes 2 The truth of Cannabis hemp; High & Low THC 0.1. The Emperor Wears No Clothes by Jack Herer 0.2. " " P.1. July 12, 1937 Letter from the American Medical Association P.2. WOMEN OF REFORM JUDAISM MEDICAL MARIJUANA AS MITZVAH A STUDY GUIDE A Panel Discussion on Medical Marijuana Q.1. 1999 U.S. Institue of Medicine R.1. Cannabis treatrment S.1. pg. 1-3 The GW Pharmaceutical Process Pg• 2-3 pg. 3-3 S.2. pg.l-2 Volumes, Number 1 2001 Journal of Cannabis Therapeutics Studies in Endogenous, Herbal & Synthetic Cabbabinoids pg.2-2 Marijuana (Cannabis) as Medicine by Leo E. Hollister ABSTRACT INTRODUCTION T.1. Nov. 10, 2003 Forbes Magazine "The Unstoppable Economics Of a Booming Business" 3 is History of the Nation of Hawaii and hemp U.1. Roger Christie found this at the UH Hawaiian Library V.1. The Library of Congress Westward by Sea: A Maritime Perspective on American Expansion 1820-1890 V.2. pg. 1-2 1898 The USS Boston at Hawaii pg. 2-2 (page) 128 Fibres-Fruit. "Hemp ...the yield per acre was found to be at the rate of thirteen and one-half tons of clean fiber per acre." Cannabis legislation in Hawaii W.1. 1979 Constitution of Hawaii X.1. Hawai'i State classifies Y.1. May 24, 2006 Hawaii Tribune-Herald A8 BACK PAGE "Joe Garcia, Big Isle lawmaker, dead at 90" "...opposing the legalization of marijuana." Z.1. 1998 Hawa'i State "hemp test site" Medical marijuana AA.1. 1999 Hawaii State Law legalizes medical marijuana. Religion and Cannabis satvia BB.1. 04-16-02 IX. RELIGIOUS USE OF MARIJUANA CC.1. 1997 Hawaii Tribune-Herald "Big Isle church now requires marijuana" CC.2. The Living Torah "On the basis of cognate pronunciation and Septuagint readings, some identify Keneh bosem with the English and Greek cannabis, the hemp plant. " End 4 /'2 National Institute on Drug Abuse 1991-1994 Final Report ICE and Other Methamphetamine Use: An Exploratory Study (Entire report has been removed from the N.I.DA. website) Highlights of the effects of marijuana eradication on the'ice' problem: "The use of ice in Honolulu had led to articularl serious h sical and ply ological problems and significant local disruption in poor working communities w ere it r aced mari'uana w ' come scarce and expensive due to eradication policies." (From a summary of findings) _ "There are thought to be several influences on the tremendous growth of ice in Honolulu after 1987. Residents were both pushed away from pakalolo, their staple drug of choice,. and pulled toward ice by awell-organized marketing campaign by Asian distributors. Also, the overwhelming smokable drug of choice, marijuana or pakalolo, which has been grown and used throughout the islands for many years, became the target of a government eradication campaign. This drove up prices, drastically reduced availability and left locals without their customary, and many would say relatively benign, smoke. Also very. importantly, many locals derived either part or all of their livelihood from marijuana production. Robbed of this needed income many experienced considerable economic hardship: Thus when a new, easy to use, smokable product entered the market, one which at first felt non-threatening to youthful novitiates -ice, it was readily accepted as a product to be used and sold. Initial users were often likely •to think of it as a substitute of sorts for pakalolo." (Page 22) "An important finding emerging from this study concerned the effect on individuals and communities from the scarcity of marijuana due to the eradication campaigns. Users often reported this was a major contribution to the increase in the use of meth espedally in Honolulu. In many communities it had a devastating effect As one respondent reported: The ice use on the Waianae coast is greater than a lot of other places in the state. This is like a central distribution center for ice. IYs a known fact among the drug addicts and users on the island. It's easier to get than weed. IYs not much more expensive than weed either. The amount of people here that use ice is increasing because people who couldn't find weed were starting to fmd ice easier. Plenty guys I know use ice because they can't get pot. I'd rather see them smoking pakalolo cause they were mellow, nice people. Crn ice, they change into robbing houses and carrying guns in less than one month. Things they never did on weed." (Page 123) "Moreover, successful periodic campaigns designed to eliminate this "evil" herb, serve to steer the user to more dangerous substances. Findings presented in Chapter 7 on the social consequences of ice in Honolulu demonstrated that the latest version of the American campaign against marijuana continues to have the same unfortunate consequences." (Page 163) ~ Anti-pot - efforts ~ - ~ `u~~ ~`3,j° Cw~ ~ e 3~e ~~`"~~"E~•$ u u~ boost ~ ' C E°~ e c~~ o ~ a~ ice use = . ~ ~ ~ O Marijuana prices ~ ' ' ° ~ ~ _ driven up; users ~ ~ ~ _ ~ ~ ~ ~ ~ turn to crystal meth By Gtrls koo. ww,, e ~ ~ e ~ ~ ~ 3 ~ p°§ ~ ~ ~ TriDtrna-?ierdd ~ W ~ = ` _ ~ ~ ~ E ~ ~ ~ Mari"utw aadiatian- 3n swot cootn to to ~ .3 ~ ~ ~ ° ~ ,a'' 8 ~ ~ masse m use O o ~'3 ~ ~ $U mgt • is scheduled m meet away wim ~ ~ ~ ~ j dye ~sndy aaioo- ~ ~ Sdyt ~3 $ ~ ~ 3 !a a1 htatinue on Drug Abust. 'Ihe study gathered information = $ ~ ~ ~ a from 450 methamphetamine °rJ, ~ ~ t ~ g ~ trsas io Hooolul0. Sam Francis- ~ ~i eo and San Diego. 4 ht's the first study ever done r•• ~0°O ~ ~ ~ - Q ~ ~ • i ~'6 that ia~ed users in the O $ : o o`o ° g cotruauniry," said study leader : 3 ~ ' 0° ~ Patricia Morgaet. 'g"r ~ s c a~ a ~S*gi4'~ e~j• u_ MOrgtm, assocute professor at ~ ~ ¦ 9 e. ~ C 3 ~ L ~ ~Q the School Of Pubhe }halal at drc ~ x u ~ °p ~ ~ m ~ Uaivetsry of CahfolIDa at BCrko- ~ . ?r m 7 ° 5 S ~ ~ g ~ ~ ~ ley. ru vacationing in Kona' ~ e ~ • 3 ~ e ~ = < ~ ~3 ' whoa she learned that IGm's a ¦ ~ 9 . ~ e executive assistant, Billy Kaai. ~ e a -e ~ ~ ar'. e w wanttd to meet with her m dis- L ~ ~ ~'V $ ~ a ~E mV m _ ~ cuss the n~ort Kettoi is helping ~ ° (O orgARl)f a '~Deth Si1TTlrrrlt" On ~ v v v C S a= gy m ~ t e the Big Island rxzt ttwnth ~ = ~ • E " a m : w ~ ~ E - c>.au E•- M~an's1994rcport,somc A r~~~?_~~umoQ~ua', 200 es lon found that the: ii California mcthamphetamine ~ 3 u~~~~~ 4 m a~ ~ E users were more likely to snort • • m ~ e ~ c =cwt m - ~ or inject the drug. while 86 per- W m 'e c . ~ ° , ~ , C ~ $ cent of the Hawaii users E = ` ~ ~ ~ i ~ 'e• ' ~ i° ~ c .e u smoked the crystal form. U o ` _ ~ a E t; - m~ c u ' E- ~ "Ttx use of ice in Honolulu ~ . ti E v ~ r "r = U had led to panicularly serious plt}•sical and psychological problems and significant social - disruption in poor working communities when it replaced _ See ICE, Page 8 e ~ ~ t '4yv .R ~ a.f Et l 6 _ f ~ _ ~ . _ . ~ . ~ , ~ _ m~ rl e ca ~ i~~ ~ i E ~ f E u r 4 ,s ~aq ~ w p Y~~YP ~ 5av i ~4 w !4 ar ~ ° ~ Y s-: a . Y T: R u- ~ r" ~ y. ~i. ~ ~ 3E F'MT y ? ' m}~ yea ~ ~ 'ey.8~ -aaNm+ F' a v.~ ' .Y f .t,(~'"- ..yam .iTdEN.: ~ k 'W' M.' ,`s5 4l _ ~~4t K ab. ~4~ x4~ ~ gTM~ ~'i`'=E^ ~ ~Yt_ r u remru _ 4q Y eML•'n< ij~ - r ( mwa a .a ~ ~I ~ i *3~ i i I A. fi F IIJ E ~Yd 9 x.Wn ~ w~ - .GyCS6'_H.v^A~X~iY$i N vM`x. e `+x ,iul~ Iti, ?OU6 Dili Eia~i~<<II ~~Ir' `_;~4 N:1~'~i 1'rrsidc~~f i Alabama 7 Below 10,000 126 Arizona 1 1Q,000 -24,999 t51 Arkansas 10 25,000-49,999 108 California 3 50,000 -99,999 63 Colorado 9 100,000 - 249,999 43 Florida 9 250,000 - 499,999 5 Georgia 24 500,011 and above 4 Idako 10 `~'OTAT.~~ ~ Illinois 10 , Indiana 21 _ - lowa 28 Kansas 14 Kentucky 26 Louisiana 4 Maine 2 Maryland 1 Lower Midwest 122 Michigan lq Northeast 34 Minnesota lg Northwest 47 Mississippi 10 Southeast 79 Missouri 6 Southwest 28 Montana 17 Upper Midwest 190 Nebraska 19 Nevada 5 New Hampshire 2 New Jersey 1 New Mexico 3 New York 12 ' North Carolina 16 North Dakota 11 Ohio 12 Oklahoma 8 ' Oregon 7 Pennsylvania 15 South Carolina 1 South Dakota 19 Tennessee 13 Texas 44 Utah 7 Vermont 2 Virginia 18 Washington 9 West Virginia 10 Wisconsin 16 Wyoming 4 r' 500: The Meth Epidemic in America • 8 Nationa/ Association of Counties July 18, 2006 Contact: Jim Philipps Washington, DC 20001 202-942-4220 www. Waco. org Methamphetamine remains number one drug problem according to new survey of the nation's counties Meth re/ated crimes continue to grow; epidemic moving west to east WASHINGTON ,D.C. -County law enforcement officials across 44 states reported that methamphetamine remains the number one drug problem in their county, according to a new survey released today by the National Association of Counties (NACo). In addition, the survey of 500 county law enforcement officials found that while meth lab seizures are down significantly -due largely to new precursor laws -crimes related to meth continue to grow; that meth has increased the workload of public safety officials; that meth use remains popular in western states and is spreading east across America; that the majority of meth currently being abused is imported from out-of-state locations; and that meth related arrests continue to represent a high proportion of crimes that require incarceration. The survey, "The Methamphetamine Epidemic: The Criminal Effect of Meth on Communities," was conducted by NACo to determine the effect of methamphetamine abuse on counties and their residents and to raise public awareness of the meth epidemic. "The abuse of this highly addictive brain-altering drug continues to destroy lives and strain essential county services across America ~-3 ~,a. said NACo President Bill Hansel) ,commissioner, Umatilla County ,Ore. ~~NACo has taken a leadership role in fighting meth abuse and conducts these surveys because counties are on the front lines in responding to the methamphetamine epidemic. Meth abuse causes remarkable financial, legal, medical, environmental, and social problems for counties." The NACo survey found that: Meth continues to be the number one drug problem .More counties (48 percent) reported that meth is the primary drug problem - more than cocaine (22 percent), marijuana (22 percent) and heroin (3 percent) combined. Crimes related to meth continue to grow. Fifty-five percent of law enforcement officials reported an increase in robberies or burglaries in the last year, 48 percent reported an increase in domestic violence and 41 percent reported an increase in simple assaults.Thirty-one percent reported an increase in identity theft crime, which is up from the 27 percent reported in the July 2005 law enforcement survey. Legislation that restricts the sale of precursors works. Ninety percent of counties have some kind of precursor legislation in effect. Forty-six percent reported that the number of meth lab busts is down because of precursor legislation in their jurisdictions. Meth has increased the workload of public safety staff. Sixty-three percent of counties reported an increased workload in the last year and 73 percent reported that they are playing more overtime. Meth use remains popular in the west and is spreading east. In Arizona ,California ,Idaho ,Nevada ,New Mexico ,Utah ,Washington and Wyoming , 100 percent reported that meth is the number one drug. However, this information was followed by Oklahoma with 88 percent reporting meth is number one, Iowa at 79 percent, Louisiana at 75 percent, Nebraska at 74 percent and Oregon at 71 percent. This information correlates with the national trend that meth is a drug that is largely popular in western rural areas and is spreading across the country from west to east. In Georgia 63 percent reported that meth is number one. In North Carolina 44 percent reported that meth is number one, and in Alabama 43 percent reported that meth is number one. This information verifies law enforcement trends that meth is growing dramatically in the Southeastern region of the country. ~-3 a The majority of meth currently being abused is from outside of the state. Eighty-five percent reported out-of-state importation and 71 percent reported importation from Mexico. Meth related arrests continue to represent a high proportion of crimes that require incarceration. Forty-eight percent of the counties reported that up to one in five inmates are incarcerated because of meth related crimes. Seventeen percent reported that one in two inmates are incarcerated because of meth related crimes. The new survey is the fifth released in 12 months by NACo, the only national organization that represents county governments. In July 2005, NACo released two surveys on the impact of meth abuse on counties. Key findings indicated that: 1.) meth was the top drug threat to county law enforcement officials 2.) that meth was responsible for an increase in out-of-home placements for children. In January 2006, NACo released two additional surveys that found that meth was the largest drug that drove people to county public hospital emergency rooms and that the need for meth treatment was growing. "The primary objective of our effort is to promote action by the Administration and Congress to control and reduce the production, distribution and abuse of meth, including assistance to counties in responding to the problem locally," Hansel) said. "We need a comprehensive strategy that will deal with all aspects of the meth problem." NACo retained the services of Research, Inc. of Washington ,D.C. to conduct the telephone survey. All survey responses were collected in June. The full survey is available at www.naco.org. 3-3 o`~• "Thirty-three years of denial; the First Report of the National Commission on Marihuana and Drug Abuse', revisited." by Tom Miller of Big Island 2005 In March 1972 the national Commission on Drug Abuse issued its report on what it found as to the true nature of marihuana and the extent to which it posed public health and criminal problems. It also was to issue recommendations based upon its findings. The Commission was comprised of some members of Congress, some physicians, social scientists and other distinguished experts (thirteen in all) who oversaw and reviewed the work of forty-three others. The Commissioners labeled the finished report, "Marihuana, a signal of Misunderstanding." They concluded that the main common misunderstanding about marihuana was that it was dangerous. They pointed out that marihuana had been mistakenly lumped in with hard drugs when, "In 1937 Congress adopted the Marihuana Tax Act, superimposing a Federal prohibitory scheme on the various state schemes. Not once during that period was any comprehensive study undertaken in this country of marihuana and its effects. The drug was presumed to be a narcotic (14) "When penalties for narcotics violations escalated in the1950's, marihuana penalties went right along with them until a first offense possession was a felony, subject to lengthy incarceration." (14) The dangers inherent in this policy, especially with the advent of new " technological advances poses the awesome prospect of 1984; the intrusion of the omnipresent state into the private affairs of the individual." (16) This intrusion was deemed undesirable to the Commissioners. To underscore the legitimacy of this outlook, the report quoted U.S. Supreme Court Chief Justice Louis Brandeis on the subject who wrote in his 1928 Olmsted v. U.S. decision, "the makers of our Constitution undertook to secure conditions j-7 G, t. favorable to the pursuit of happiness. They recognized the signaificance of man's spiritual nature, of his feelings and intellect. They knew that only a part of the pain, pleasure and satisfaction of life are to be found in material things. they sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the Government, the right to be left alone the most comprehensive of rights and the right most valued by civiled men." (141) The Commissioners recognized that the " final cost of the possession laws is the disrespect which the laws and their enforcement engender (145) against the police. They added, "on top of all this is the distinct impression that some police use the marihuana laws to arrest people they don't tike for other reasons, whether it be their politics or their ethnic background." (146) They concluded that, "For all these reasons, we believe that the possession offense is of little funcional benefit to the discouragement policy and carries heavy social costs, not the least of which is disrespect and cynicism." (146) The Commissioners reject even the idea of impossing a fine for possesion of marihuana stating, "A criminal fine or similar penalty for possession has been suggested as a means for alleviating some of the more glaring costs of a totally prohibitory approach ...However, most of the objections raised (by total prohibition) would still pertain: the possibilities of invasion of persons privacy and selective enforcement of the law would continue; possessors would still be stigmatized as criminals, incurring the economic and social consequences of involvement with the criminal law (146) Oh, how much pain and suffering could have been avoided if President Nixon had embraced this report's conclusions and had implemented it's wise and thoughtful recommendations !President Nixon was not, however, one disposed to accept such arguments, and he tossed the report aside. This study was not what he was looking for. 2-7 • y x y S # Soon after this report's publication, Nixon launched his merciless "war on drugs" which was, in retrospect, only a war on his chosen enemies, in disquise. For thirty-three years, a continuing and compounding violation of rights of millions of Americans has been perpetuated, all of it needless, except to those at war with the American people, their sacred rights, and with Wesrtern law and civilization in general. How did the Commission come to its conclusion ? It first looked at scientific studies on the subject and conducted more than fifty of their own. What they really wanted was to find out just how dangerous the drug was so that they could formulate appropriate social services and legal system responses to fit the real threat posed to society by the substance. The Commissioner took on their task in solemn terms; "Society may interfere with individual conduct only in the public interest, using coercive meagns only when less restrictive means could not suffice..." (24) After exhaustive tests, the commission concluded, "No conclusive evidence exists of any physical damage, disturbance of bodily processes, or proven human fataities attributed solely to even very high doses of marihuana." Aside from what it tabled, "novice anxiety reaction", (58) of first time users, the study strongly supported the view that there was typically no real damage to the body except lung damage that any kind of smoke can cause. they enthused, "For mos tmarihuana users who continue to use the drug, (even after an initial novice anxiety reaction) the experience is overwhelmingly pleasureable..." (58) They were clearly amazed by the two main studies that had used monkeys as test subjects. In one study a group of monkeys was force-fed "over 100,000" times the minimal effective dose. `The monkeys experienced severe nervous depression and one group showed mild hyperactivity, but all rapidly returned to normal behavior after a development to tolerance to these effects." (60) the 3-7 monkeys were killed and dissected, "Minimal dose-related toxic effects on bodily organs were noted at autopsy." (60) Experiments on humans subjects showed what we now know as common knowlwdge about marihuana, "no harmful effects were observed on the general body functions, motor functions, mental functions, personal or social behavior or work performance (60) "...poor test scores and prior marihuana ...use could not be proven." (61) As to what should be done about marihuana from a public aspect, the report concluded that among persons who feel the strongest motivation to get more of the drug, this "...is not adequate to inspire immediate criminal acts to obtain the drug." (63) And, "When marihuana- using offenders were compared with offenders who did not use marihuana, the former were generally found to have committed less aggressive behavior than the latter." (70) And "...marihuana is not generally viewed by participants in the criminal justice community as a major contributing influence in the commission of deliquent or criminal acts." (75) Further, "...neither the marihuana user nor the drug itself can be said to constitute a danger to public safety." (78) They gave marihuana to people and then tested their driving skills. They concluded, insome cases, marihuana has produced interterence with certain motor and mental abilities which affect driving behavior, these effects were generally believed to be readily overcome by the exercise of extreme caution by the driver and a significant reduction in speed." (79) Tests "...generally revealed no significant correlations between marihuana use and driving disabilities." (79) On attempting suicide by marihuana, the study concluded that it was "...for all practical purposes unachievable by humans." (18) They took care to point out that, "Practically all substances consumed by man are potentially dangerous to the physical and mental health of the individual if used irresponsibly or by particularly sensitive person."(81) They reported 4-7 the findings concurred with foreign studies in that, "No outstanding abnormalities in psychological test, psychiatric interviews or coping patterns have been conclusively documented." (85) (in studies of marihuana users.) In listing marihuana's ill effects, they noted, "The same withdraw) syndrome of anxiety and restlessness is seen when an American stops smoking tobacco cigarettes." (87) They pointed out that, "The fact should be emphasized that the overwheling majority of marihuana users do not progress to other drugs." (87) The Commission searched for the roots of the 'gateway' misunderstanding and developed this probable explanation; "The so-called stepping-stone theory first recieved wide-spread acceptance in 1951 as a result of testimony at Congressional hearings . . when the voluminious testimony at these hearings is seriously examined, no verification is found of a causal relationship between marihuana use and subsequent heroine use." (88) In fact, °It is unlikely that marihuana users will become less socially responsible as a result of their marihuana use, or that their patterns of behavior and values will change significantly." (96) Marihuana users, in fact "...demonstrate an average or above average degree of social functioning, academic. achievement and job performance." (96) Ergo, the study downplayed any coercive scheme for discouraging the use of marihauna. "We now reject the eliminationist policy. This policy, if taken seriously, would reguire a great increase in manpower and resources in order to eliminate the use of the drug that simply does not warrant that kind of attention." The Commissioners were trying to downplay marihuana as much possible as to not stimulate a `forbidden fruit' response in the nation's youth that could stimulate theirmarihuana use. They opted against the use of coercion stating, "We believe that criminal lawis too harsh a tool to apply to personal posseion even in the effort to discourage use." (140) and that we hold that police power- vague and wide and undefined as it is- has limits." (141) In their effort to 5-7 downplay marihuana, the Commission noted, "We have previously cited data indicating how many of our children begin habits which have been legally forbidden to them. The lack of success with alcohol and tobacco discourages an assumption that the regulation of supply would minimize use by the younger generation." (149) Apparently, Nixon opted for the costly, high extreme option for marihuana. An exlanation of Nixon's probable true goal in this long overdue. Nixon apparently rejected the view of the Commission, who reminded readers, "Our nation has not generally seen fit to criminalize private drug-related behavior; only in the narcotics area was possession made a crime and marihuana was brought within the narcotics framework because of unfounded assumptions about it's ill effects. We think it is time to correct that mistaken departure from tradition with respect to marihuana." (196) Who among us, who has the interest of the Amercan people in mind could rationally disagree with the above statement, especially after thirty-three years of hindsight? In their, "A Final Comment, "the Commission "...feels that the criminalization of possesion of marihuana for personal use is socially self-defeating..." They wanted to "...reserve to the individual American his sense of privacy, his sense of individuality and his options to select his own lifestyle, values, goals and opportunities." (167) Should these be considered America's `famous last words?' Such sentiments were wasted on the Nixon administration which not only rejected the report, but rejected social science as a legitimate field of study and worked openly to discredit it and its method of attaining the truth cloaked by accepted misconceptions. As for the disinfranchized American people, they were not only denied privacy and self-determination but were misused in a number of ways to further the aims of Nixon's own vicious policies. Since 1970, when this report was mandated, twenty million Americans have been arrested on marihuana-related charges. Nixon actually contributed greatly to overall drug use, especially among the young, by inflicting a continuance of the Vietnam War on them, after gaining his office with a promise of a secret plan to end it, if elected in 1968. 6-7 A case could easliy be made, especially in revisiting the Commission's report, that Nixon intentionally instituted a drug problem in the United States to generate a new, huge beauracracy charged with arresting, trying, incarcerating and paroling millions of non-violent offenders of a law that should never have been. What ensued would have been equal to the greatest crimes rulers have ever inflicted on their people had not Congress existed to check Nixon's power and to mitigate the worst possible destruction resulting from his policies. As it is, the attack upon the largely non-violent marihuana using class America stands as the world's greatest crime, so far, of the twenty-first century. The war on marihuana has corrupted society in many ways. In addition to fostering a general disrespect for the law, it has diminished the average citizen who only acquested this injustice in his erstwhile free country. It has dishonored our legacy of freedom and has diminished the accomplishment's of our armed forces who fought and died to defend America's freedom prior to the advent of Nixon. It has unfairly branded an entire class of people as felons, thereby setting up a closed circle of oppression. Branded as felons, this whole class has been robbed of their ability to redress the injustice done to them through the elerctoral process. This job has been relegated to survivors of this purge and by those who have acquested to it. Had the Commssioners known of recent discoveries of the medical uses of marihuana, they would have undoubtedely softened their still- reasonabel recommendations. Their calls for further study of marihuana were unheeded or were purposely ignored by the Nixon administration, along with the rest of the study. (Footnote numbers are page numbers iin the original report, Stock Number 5266-0001). 7-7 ,I 8 / H¢maii: Subdividing Lava Fields 275 I ~f principally the efforts of then-County Planning Director Suefuji in rewrit- e'~' - " ing the county subdivision ordinance that choked off the creation of new speculative developments. The new ordinance shifted approval of subdivisions away from the ,u' County Planning and Traffic Commission to the Planning Director. Where it had been a simple matter for the Commission to grant variances from the road paving requirements, it was now made mandatory for the director to u" require paving, and it was made very difficult for the commission to over- r'"' -ride him. W here water lines had not been required if a subdivision was more 3 '.a than 1,500 feet from a county line, now water lines were mandatory wher- hero ever the subdivision might be. The director enforced this provision, and alp here again variances were made extremely difficult. The new ordinance ioit'' ;also forced subdivisions to conform to county zoning and the county general plan. If county land use maps did not show a certain area for residential use, and.; ~ then a residential-type subdivision there would be disallowed. t tance`o Suefuji's ordinance was eventually adopted by the County Board of Su- 1 rtyow~ pervisors in December 1966.48 and th'' The era ofever-expanding Big Island speculative subdivisions, with sub- ;t."" standard roads, without water or electricity, below a volcano, in the middle Burea of a lava field, without houses, had come to an end. and"` gave su d urba"" antas$ In [he mid-1980s, those boom-time subdivisions were a kind of spectacle Fujf s ~ the'Big Island possessed, along with active volcanic craters, snowcapped ,cores"' 'volcanic peaks, papaya trees growing in lava, and the simple vastness of the it wont island compared to the rest of the stale. If they wanted to, tourists on their cents' 'way from Hilo to Volcano National Park could wander along rutted roads laid out in perfect grid patterns regardless of [he landscape, looking at di- lapidated street signs in semi-wilderness, aware of the strangeness of being ` in a lava Geld, and seeing, every once in a great while, a house. The few tourists who actually did venture into a Puna subdivision, par[icu- larlythose farthest from the county seat of Hilo, might also encounter some- "thing else: a close, sometimes hostile scrutiny from people living there. inp Beginning in the mid-1970s and continuing into the 1980s, many Big ores Tslan`cT specu anve su [vtstons came to ave as t ev mayor economtc use uld ome mg no one cou ave orese`en at die ui~~e o t etr creatton: the ty,,,_ ~ t m-"a-I acuv~ty o rowm mars uana. ' M'y a na being an illegal crop, its total value never turned up iu the state's win ecoiiomtc da't'a' u , y a7i-sorts o accounts, u a come to very [g e 3, .:business m~andot er ~T[cts of the leg I"sTand; °asTn`"Iti~~alarge: al 1a' Most esitina[es of [1`ie e" aci'y I986s ranked man~uana as t7te` TsTa'nds't`hird~Ta~- " IIE`' - est revenue producer behind only Tourism and military spending-but as big "j~ r i ~ L~1~ iJ ~ h 0 W E R 1 tit ~,~?f~ ! ~ ~_4 H. l 276 LAND AND POWER IN HAWAII as sugar and pineapple combined. Nerusrueek in October 1982 wrote that the In 1978 a Big Hawaii marijuana business "by most estimates now tops half a billion dot- lure magazine ca tars annually." In 1982 sugar was worth $352 million and pineapple $206 could be had Eor, million. In October 1984 the state attorney general estimated that the annual Rush is not only i marijuana crop value was 3 bit ion, about the highest estimate so far. IEaccu- which has gainec Tate [his wouYd pro6a~7y maTce`marijuana I-lawait's riumbei two in3us[ry in ues are still avail annual revenues 49 land prices will d The Big Island, with all those remote places for growers to hide their oiler- With the discn ations, was the state's marijuana capital. Extrapolating from the amount of *n, "with no questiot marijuana seized by law enforcement officers county by couhty, in 1982-1983 purchase:'SE the Big Island accounted for about [wo-thirds of the state's crop. Moreover, by Among the co one reliable estimate, marijuana by the early 1980s had become the Big Is- realtor. In an inte land's single largest industry. H¢m¢ii Business in 1982 estimated the value of marijuana growe [he Big Island's 1981 crop at $300-$500 million, as agains[ revenues for Big ~Y Island tourism in 1981 of $180 million and $160 million for lawful agricul- tore so If the Big Island was Hawaii's marijuana headquarters, then the specula- live subdivisions of Puna were the center of the center. Extrapolating from Big Island police estimates on the percentage oEthe Big Island crop grown in Puna, and from amounts of marijuana seized county by county, Puna in 1982-1983 accounted for about 40% of the total state crops' According to _ police most of this was grown by~e~le living in the subdivisions. - _ The creation of speculative Puna subdivisions required dirtcheap land in large parcels, to attract amateur first-time buyers on a mass scale. This in turn meant the subdivisions were relatively cheap residential areas to move to, a fact of importance to prospective marijuana growers who were often young mainlanders wi[h relatively little capital In fact, moving in might even be free. So little did the average Puna absentee owner care about his lot, aside from its appreciation value, that there were occasional squatters-people ' who just appeared on a lot and lived there without benefit of the law. As noted, speculative subdivisions commonly existed onCy in places far from other people and jobs, on land usually valueless for other purposes, waste land or even hazardous. In other words, places where ordinary people would not really want to live and where indeed few built homes ~1•this wa's desirable to marijuana growers. They needed to be as nearly F invisible as possible they liked to have very few other people to the vicinity, and they needed to know by sight everyone else who had business being in a certain place. And they liked to be able to shift around if they had to. Puna had the remote spaces for this. With an area as big as Oahu, Yuna in 1980 had apopulationonlyl.5%ofOahu's. Athough beginning in the late 1970s there was police pressure on marl- ' Juana growers, mostly in the form of crop seizures but with occasional arrests, ~'s the main response into the mid-1980s was simply to move [he principal culti- - vacion areas away from growers' dwellings and deeper into Puna's emp[y -:;c`~, spaces. ,f V _ ter: _ 8 /Hawaii: Subdividing Lava Fields 277 i In 1978 a Big Island realtor placed a general advertisement in a drug cul- ture magazine called High Times. Noting that two and three-acre lots in Puna _ could be had for as low as $1,500, the advertisement said: "Yes, Hawaii s Gold Rush is not only in its smoke, but also in its land. On the Big Island [Hawaii), _ w itch has gameaintern~~ame for its sacre herbs, fantastic land val- ues are sa avat a e, ut or ow ong. m ,tea pro e , "w at _ land prices will do when legalization occurs:' With the discreet buyer m mm , t e a a so sat3~iat se ers wou nance "with no questions asked," and there would be "total confidentiality on your purchase °sx Among the consequences of the ad were telephoned death threats to the realtor. In an interview for this book, he said he assumed the calls came from marijuana growers who did not want more people in Puna. k (i (I p j,, w vr" I ..y'} e LS ~A y` i s,4__ ~I. +w I F k' 1 l ,L `a' j jai,". i~r 3 ~I I - Conclusion 459 story in the nineteenth Whoever the successors to the Burns-Ariyoshi Democrats might turn out e Hawaiians from their to be, and whatever their party affiliation, there were some daunting issues ~ in the area of land use and development that would confront them. .hat their lands be re- One of these was new [o Hawaii, in the later Democratic years. It con- should be compensated cerned marijuana. As previously noted in this book, marijuana by the 1980s ssoflandsthatfollowed was apparently yielding more dollars than sugar and pineapple put [o- che presence of Ameri- gether. And it was a major use of land in several dis[ricts, especially Puna ices minister to Hawaii: and Konaon the Big Island. Yet apparently no planningdocument aimed at c minorities on the US - the rest of the twentieth century acknowledged this. And apparently no es-who had been suc- serious public study of the connections between marijuana, land, and politi- ~ney settlement. No one ` cal power in Hawaii had ever been made. In a time of such fundamental resolution of this issue; - uncettainty about Euture major uses of land in Hawaii, it was at least curious ttury. - that such a major land use with such major economic implications was so luestion of the future of regularly omitted from official calculations, at least on the public record. fining land patrimony of ` There were other problems, more readily visible and more openly chs- sHawaiian beneficiaries cussed but no easier to solve. There was no apparent solution to the acti[e in the entire century of , problem of housing in Hawaii: fearsomely high costs for the home buyer, first time, there was the matched by equally daunting costs for the renter. Though it was by no Escate residential land means all the Democrats' fault, at the end of three decades of Democratic an issue thac would cer- politics it was still no easier for an ordinary family in Hawaii to buy a home. ~sponse of many Hawai- `N On a broader scale, there was the problem of the changing fortunes and o by the mid-1980s, for` problematic futures of all of Hawaii s modern land-related economic main- ~es had Hawaiian blood: stays: the Democrats came to Tourism, with its heavy impact on land use in prime real estate areas, was a[tempt to organize cul- ? projected to dominate the civilian economy for the rest of the twentieth ian Affairs, and throughf~ century. Some scenarios called for a doubling of tourist numbers from four there were beginning to million in the early 1980s to eight million by the year 2000. be, in the classic Ameri= ` Tourism was dominant as much by default as by design. Those numbers, ce. " unthinkable at the start of the Democratic years, might well turn out to be 'red, land-related polio--~, necessary to sustain the state economy if sugar and pineapple continued rain that part of the next ' their downward slide. Pineapple was afready deeply and apparently termi- would be wri[ten by, for,`r nally diminished. As for sugar, in the mid-1980s there were warnings about the fu[ure being sounded From Washington, in the form of proposed changes in farm legislation by the Reagan administration. IF Eor whatever reason Hawaiian sugar could not sustain its share of the US market, the would be playingalarger- industry in the Islands was probably doomed. What the consequences to old Big Five kind, buf, might be for land use across all thac agricultural acreage was scarcely ainland. They would be a`. thinkable-let alone the economic consequences for Big Five firms still in dd be applying their own; sugar and the social consequences for the entire population of Hawaii. ~artment units and house There were enough of a the old ethnic balances;. wer bloc in politics. .i y ~ A8 Thursday; May 18, 2006 - - ne~He~atd ~A~ Retired : ©~~~e c~e~ deg 4~ 8 BY PETER SUR School ; Among- these. groups wets `!n~ 'plans ~o~[ a I~ailua-Kona Tnbune-HeraldstaffwriCgr whiFh only.- the Pearl Harbor Survivors ~~uisstauon' ~ .Retired Hawaii CrSunty went up t_o . Association; the • Amencan "llis lift. on the plantation. I - 9th ode. I:egion Post 3, Boy' Scouts .realty' groltaded him. Then, j police chief, Ernest John' "Far- ~ gie" Fergerstrom, a -36-year T h e of America, Girl Scouts of'•;;~vlien ha-was asdlief~ l#e't'eally veteran of the force, died Tues- elder Fer-- : .America, Portuguese;; Gham Cazetl about the health of the day at Hilo Iv1edical Center. He S e r s t r o m , bar of Commerce,', Retired -_~Zatrolmen," Dale Fergerstrom ' was-88. g r a d u - Senior Volgriteer Prog~[ati7, f~a '~atck~, ~ ~ ' He spent the last I 1 or so aced- from ~ R'iihonna Iaz and .tf1e Sk f`~ did lot of },bpd things years of his: life bedriddezi in Sehoolouin FERGERSTRQM G ~h c~ ~~r's~~~'eonnmunity„andIthink his. Hild home, paralysed by he w~ very well-hked:'' said a ziajor strttlte in 1994 and 193'7 and Tetuzxieci ta.~upi#, ili~AAl~R s,taxremzttprepardrt Clark, a" z"etired Big hoehoe Sugaz ~o Starting lion prisgrain ~n f#tla a near matched trver by wife Fl~ence out as a mute teem drier, he My father' was este.~'ergerstrom is also `~Flos~e" ~rgezstrom= worl~d7us way ittfr3 a supern l+iack and i~butti pent, ~~fh by dahters Ann 'He`wasn't able xa speak, sor tuon~. i~ was ri ht or uWas but he recalled and uziderstood ~ $ troin and, >~ay 'CBiadda)' He ,joined the p7aSy and bale Peigetsttka~m „ ~ ti ey of I~lo, dat9ghter- ' and - responde3 by hand. sig was stationed at Peazi I#arbor, Emest 1~er eratfn'3n 'hl >ials;'. said, son ISaIe Fenger ~ was th@re dodo ffie a}>ffered a~:.3#n d g~~ - + 3cidy Fei~etstrom ofi Strom, w71o is himself yettiud $ ~ Gook; szster~ Florence I~er, 7 Eck. He setfed at ,femim as chief mtd k,~ e) \tSranie ,ok I3on©lului from the Pblise Depattztt- P #~atbcic dtttiti$ the clura a Fentrfiiverszat ~ ~ ' "Eve once m a wliile,you ~ _ ~ ~ . ~erthan`F~erstrozi? ty ttt~ ~ t~ v~a~ bale F'ergei Rolie~e- Come ~~s~„~ ~ meet d special family, ai?d the siFOdn said. _ remove him; but lie-r x ~ "ea Clahit Robot (Tare) Fergerstrams are that fiainly ; ~ 1946t 'pest Fergers(lnm end return¢d tci the jvli e£oi ~~rgna'strpna of I~aymarlcet, acid= Fe la», was the one R , ' ~ ~ ~~SStra jn Caw, ~A~ary Ferg- t$ X°„ , jo~tidd t` -kiawai#~_ Cuunty'~. retuvig in ~97~ tit s~~epr I , e>~m iaf ~11ua-Dana; I:ve- hetd in the°highest esteem, Pol`sc~ 1~0Patement"ahd. was Iterbart Mata~&lii''`stlcr:epde said Mayor.I~a~ Kim; - whp aasagne to `the Hamaitiza Dis- Shunichi Kinuzra' as Ilawan~ " :l Atniel of Prescott 3'alleg, served as ~n-..assistant football, -trio, where he met his. future County. mayor. ATi~•; five gXandsons and one ddaphat~IonokaaHi~hScliool wife ~ Dunng.his tenure,-the Bi gBat-granddangbter. with l' ~t~ m, t theme= , °That was' the best thing, Xsland saw an explosive grow Fie try caB 6-9 p.m: ~ rain. o H St#4on that happetted, ° said 'Flossie : bf magjusua growing ,opera Monday: at D45W Mortuary "V~n y#lt thick of the Fef$erstrom.` They- were mar dons, alopg``'vnth gttmb~ng aQd` .,f=hapel, s±iith a wake servjee ; . ~ . a5~ 7 p t4.. Fnelyds-. mays also wtttd,. saatjty tsu think r§f der- , rl~ S6 yam` _ srtgaanzed*`Ct gill-and ~"}assie~• said Ike graduated froze the FBI _ )7eviatizi~ from prepares !c~ , ~ lf1;34 a ru;~, Tuesday "at ,p~tpbn~ t'~e ~oinglisb= Ii4na1 Axademy itt~~ Qntm-- remarks about oirganizeticrhrie pSt~ Toseph Catholio, ~ureh in zneptr, ttunn$ lps t4 year` tenure - tipo, Va.,. in-.19b6 `and nt 19'72 tp the SputH' Hill Rotary Club, .NHS; a funeral Mass well be as o~ ttte stazt.caf the ' frtrit# the Iiontilulu Commw` "']?ergprstiom said au :Oct, fi, "celebrated' at 10:3(} a.in; Buri- ' 8t r ~rte'eit 7Haiveat" tiny College with an associate` 1970. ~ beltcogter Ct!puld be :alYt~+ill be at Hawaii Veterans eatuinpm , aXn, cte in police seletice the best metlrcxi tp raid ec~ek :Cemetery: StTti 2 'i'}~e family.... s d%eotash'ttctfi3p zif "i'he 1;= recipient of the fights sad ,inspect itlazi,Ittana ~i~ttGst@" basual attire I)txto tha j~e~ 's eupTpnt Hawaz~ Cpunty Distin~nished fields„ 'Iliac zmtiattve; ewetint TR3ot'tpiary is handlitlg arrange- ~.~.p F > .$~ryzCe2lwarlltnl9d3,httdthe ,ally evazifa{3perant?nCur`.en, lmenis - , ~tmtrt was° b #h di)wtty'~ ~kher,of~the;1'ea~r zn' Hams < r~t~yr~e~;,yredaR croup£onrrav- i ~tinati~, aptl attended tC}i= I~~$, hetgm was~te$t~tly - 'l`hat same mcsptli the Ptalice --ated deter Sus aan 4e reaelted at now-~siro~ed: I:aupahoeTt©e its~ct3ved In cn+lc group, Depakmient' also hegati teak= s~kttwai~rribuu;~e-heratd,com" . i T~b~nE ~~~.r~(~ ~ g, d ~ tc©t~YG~~ivh ~jree,v~ ~`~Cii~UCSf..i+?' t. w ~m ~ ~ Np ~~mc U.S. Department of Justice 4 FnbrO~ Drug Enforcement Administration DEA-EIS2 SUPPLEMENT TO-THE DRAFT ENVIRONMENTAL IMPACT STATEMENT Cannabis Eradication on j Non-Federal and Indian.. , - Lands in the Contiguous United States and Hawaii a .4 { c ::t A # e ~ - JANUARY 1986 r.;. ~ ' ~ . • t ~ ' ~ • Chapter 1 PURPOSE AND NEED OVERVIEW The eradication of domestically cultivated cannabisl is authorized by the Controlled Substances Act of 1970 and supported by the 1984 National Strategy for the Prevention of Drug Abuse and Drug Trafficking. The 1984 National Strategy encourages all levels of government to respond to the widespread social and health problems created by marijuana use, and it em- phasizes the need for eradicating domestic cannabis wherever it is cul- tivated. Cannabis eradication activities are also authorized by the 1961 Single Convention on Narcotic Drugs, which requires the United States to prohibit or control the production of cannabis and to seize and destroy illicitly cultivated cannabis. The nature of domestic cannabis cultivation places it primarily within the jurisdiction and capabilities of State and local authorities. The Drug Enforcement Administration (DEA) is the principal Federal Agency for drug law enforcement and is responsible for assisting State and local agencies in their efforts to control cannabis cultivation. Before 1981, DEA focused its cooperative efforts in Hawaii and California. In 1982, DEA formalized its assistance to the States by establishing the Domestic Cannabis Eradication/Suppression Program. Since then, the number of States partici- pating in the program has expanded until, in 1984, there were 48 States participating. As a result of this program, approximately 13 million cannabis plants were destroyed in the United States in 1984 (DEA, 1984). The DEA program is designed to ensure a coordinated effort between Federal, State, and local agencies involved in the eradication of domestically cul- tivated cannabis. DEA's role in this cooperative venture is to support State and local eradication efforts and to contribute, within limitations, funding, training, equipment, and investigative resources to support such efforts. In fiscal year 1984, DEA allocated a total o£ $3.3 million to the Domestic Cannabis Eradication/Suppression Program. Table 1-1 shows the amount of DEA funds each State participating in the program received for cannabis eradication activities. These funds helped offset State and local expenses directly related to the eradication efforts, such as offi- cer overtime and per diem payments, vehicle/aircraft rental and operating 1The target vegetation of DEA's eradication efforts is Cannabis sativa. The term "marijuana" is used to describe the product of the can- nabis plant (for example, a marijuana cigarette) when it is used for its intoxicating properties. 1-1 w, ~ • f • as --~d ++sx v; p) ~'N.,C =s 5 l'.`Yy~~7 ac W U } ~ ~,r ~Js 3ii~1~~ ~ ~ : ~ ~~Krr, bgaj,l. ~,r{ti.w^ OLL'rKtm u; : ~ a, - 'O5"'rg~+s s}L_ ly.j; d u iit per; LIF...._ tG.. t ~ a:1: z' Q_ 3',. ~ Q:' i . ~w 1s: ~ ' , s~. z ~ S~z„ £ s Q `~F`i m3" m v `+z Sys c'" ~ ' - ~Y P' +i~~EY - Or S,.icl um-: 5~~ 25 gg I yy~ i k fyr._ y it I I! ~g «~3 'fir =,.,u `G' CFS • ~'po t - ~ C N-' - ~ ~ CP ~ ~iL YS~U ~-a L. coRhv;c•Lyti~a~ ~ cap •o~vvo.^ ~ as .row .~EjO ~c~i3¢'y~w,~? .no7~~~ a.a ~~nn~o` ~~~,`do, O ctl - ro N C7. w R .N, O r" fl -C. f1„ ~ ~ en.o r,~ o m ~ d ~ ~ er,~ ~ ,c ~ o.° c o ~ 2. c " ooL a..~' c a g c ~?Si nn ~ c,^ 'a sa ~ Q a.^'c.~va~ 3~3~~3,°~~.'~~y'e'ca.., cv~a~©ro~~SmE' C} ~i 'L ~ s~ w j~ q Ci'+~1 > •O A ,L~~''J w fl r F.~' vi.. b ~ 3 5vw ar N ~ ,d ~ ~ ~ _v~', as ~ o':,~~'v~3 ~ a°.t,`y~' a~ ~t-c~~ ; v~ ~ a.:: v U 3 aci o w v w c N~ 4a .ie~. c'~a `s o - - w~ c~3'..~,-,a'~ c~-- ' L y a~ ~ a• o ~ ~ ooh-'~ > o ~ aro ~ p ~paa~E ~nnc•~~~;~ro ~ wh~~ ~.~a~:a a- ~.e~~'~u 3~pcW~~w?~ ~ctiya~iz,° '~c`~=a 30 ~ a ~ R~ .,00 0 ~DC~ s"c ~e~t°a~a3 .,~`~.--per-'o~°~' cy. c F+ ti G d c ar ~ 'c ~ c ~ a ; a a., at_ ~ ~ .c ~ y W ' d cQ a`~i ~ ~ ~a ~ a~ "G ~l -°,.d ,x-: J ? ~ m+ c c cw c~ w . .F.i: 3 ' o o ^ ° o ~ o o E" ~.p'ro Q c~ ~-a ro.~ ~ ou~ o {~~~w/ :dQ'.]'3ZF''a. aAx3 ~,rnuo. v3~u:ar°o ~U3,c3 3 U 7 ~ w,'~ ~ 3 m ` ~~~°3 ~v~3>~p° x ama°.q 3~w~a ~.,~Cc°,`: y-C:~ 0 3-•0 ~ 0 3 m ~ w v ' a.- ~ ~ S T~-y~q ra ~ o-i ~ U a - - O G 3 'Jr :C LO w h GA w y, w at yy ~ h N ~ v c o ~ w o 3 c e h ~ ° e~ ~ ~ ~ ra ~ a. c'o. dsr~ m 3 h.'".n.c.`.~U ~ c casi=~,.6 ~ c~a O .~vvo.~=•~3 ~,oyecnoy ~>,w~a,~o~. ~ o'.'ccc~ V coS~°~°~~ ti ~a3r~°J. a,c°.o ~~c~~.~.e•~oQ~$,."°a.;~. W :GY ¦ ¦ LLS N cad N c~- Q,~ a ° ~ OS 2'j'~y.F fl Q,~ O K~O.~"q ~_'.^n. ro ~ ~ 3 ~ a ~ v is ~ Y °3 a 3 ~ o ~ ciCl ~ a; w°q ai~~~ >.0g8~,~o y g Gc, ,c u: awi p~ ~~o~co~,e"wn?3~m'~w~oac'~ o'~~, a°"i~~>:a 'u> Li a m ~ a~ y.~ ~ a c o w w~ c ~ ~ ~ Q a fl c o es~~~~~p.""y~°~, v~ou~o~-y'e e'by4.s a,°°~~~ 03- W 'D A ro m 'Y N 3 b O b TJ U~ a d vi .w.. Q OOp ``i' 4~ ~ r L ro .mr .F7 m .G FJ ~ ~ N '7 vii W.N ro ~ C ~ O G w ~ ~ ~'J ~"ya~,. E.cca°.b~ o'G~~~o,....~eu~ cy"" ~.~a~ ~'^on,~~'„~ .G 4d ^i~ a y ~ t7 O U ii w y.8 ~s 3s9~ via w~ ~ ~ :a.c a° v-.S wE7 ar ~v°r Z 8~~•~l a-a ~ 4 • Faravv, Srer~re:+mr:a 1. ~i~00 • Srve•Bt'u.cTrv ~ ~ n ~ .federal grant is returned ~ at "And Tavares expects moi ~ ~ v ~y public complaint that the erac amid lawmakers' feats ~t q ~ .i ' Y cation e8'orts are taking oRSce ~f possible impeachment °a . ~z,, t $ys~`~~'~;'=P' ' Its` away from investigating her a A, drugs ~nr~ ,.aar Marijuana advocate Ro;; s ~ Christie said his group is cont:n BY TREENA 3R.tPIRU `t ~ • ing fall Speed ahead with u scar-6u71edn ~.a~ ~ d i peachment, but that didn't str - ~ ii k. him from celebrating the solo Big Island police fear thecoun "'y q"~';~~ I of the grant i s marijuana problem wi? grow •v "It's harvest time now, so this ut of control now that the de- ""`~4" w~ " artment has lost 87 percent of _ - the perfect time for this thing he funding for its eradication ' """'F ~ have happened. Marijuana eras grogram. , -4' cation and prohibition is on th y` S ' A $265,000 grant from the U.S. `Y` ice and it's global wanning time tn+g Enforcement Agency would - +q ~ h Chr strict said the hamper .ace paid for rental helicopters, _ ~ ~ eradication program will be go vertime for police oR'icers,train- E' ,r for the county. ng, equipment and community r ~ ti ~ • "I think the economy wilt st trsentationsaimedatreducing ~ ~ z coming back here,"he said Ott 'emaad formarijuana re, perceived benefits are decref But the police department re- j _ ` in bard drug consumption, al. arned the check yesterday after ~ : * ~ ° ; ' hot use and domestic abuse. he Hawaii County Council failed ~ , ~ There will also be an "intros o find insurance to cover poten- .t I t` in the people's right to pries ial legal fees. y;;. , i t•n and the quiet enjoyment o[ th The Council had earlier agreed .(•t ~ . v property, an increase in mu s accept the grant if it was able ~ r . and the social and cultural atm a use a portion of the money to f r ~ ~ t , , phere, and the hope for a glori~ uy insurance to pay their legal ' t ~ future,"hesaid. 'yes is case of possible impeach- ~ ~ Councilman Aaron Chung c Wont Last year, marijuana advo- ales brou ht impeachment ~ r s , ~ cedes that more marijuana on harges agarnst the Big Island FFE „ r ti}, ~ market could mean more c; tayor and six Council members k ~ ~ ~ flowing through the island, wh ~j t { could help the economy. I m aleging faulty regulation of the ~k~ hoping for the best," tie ss radication program. ~ 1"' "Maybe the eradication op ACimuitCourtjudgedismissed nents are correct It mightb he case on technical grounds but By I{EN SAEANOTO, Staraulletin good thing for the community.' nvited the marijuana advocates o resubmit their petition for im- A Hiln police officer in a rkr' mask unloads confiscated marijuana plants But Chung fears other eor ~eachment at later date. in this file photo. There wiUhe much less money for eradication this quences of a diminished eras Insurance companies said it lion program, particularly gr vas like trying to offer protection Year because Big Island lawynakers rejected a $265, 000 federal grant. ors using booby traps and ter gainst a past action and wouldn't istic measures to protect tt over the Council because it ac• invasion of privacy, health con- ously we will never eliminate the crops. Since police will hav opted the grant, according to corns because of poison used on problem, but w•e feel as ifwe have search for plants on the gro ounty purchasing agent Bill the plants, and ineffectiveness. control over it" instead of by air, marijuanagr gray. Police feel, however, the pro- The loss of federal money will ors may try to protect their c, "I don't blame the insurance gram has kept marijuana growers change that, he said. with hidden traps and guns ompanies," he said. "I think the in check, said LL Henry Tavares "Without the grant, I expect the said. "I just don't want to re +nderwriters just couldn't get a Jr. of the Vice Division marijuana market to be flooded," the horrible time we had in ~arrdleonthisihing" "Because the number of plants he said. "Availability will in- '70s,"he said. The Big Island's "Green Har- has remained constant through- crease. The numbers in the Chung doesn't support drug est" eradication program has out the years, we Gave control school wilt increase. There will of any kind. "I believe mariji 'enerated criticism about noise, over the problem;' he said. "Obvi- be more widespread use in goner- is the gateway drug," he said. Letter from the American Medical Association SENATOR BROWN: Before we adjourn, I desire to place in the record a letter regazding the pending bill addressed to Senator Harrison by Dr. William C. Woodwazd, of the American Medical Association, Chicago, Ili. - - - Chairman, Committee on Finance, United States Senate Washington D.C. SIR: I have been instructed by the beazd of trustees of the American Medical Association to protest on behalf of the association against the enactment in it present form of so much of H.R 6906 as relates to the medicinal use of cannabis and its preparations and derivatives. The act is entitled "An Act to impose an occupational excise tax upon certain dealers in mazihuana, to impose a transfer tax upon certain dealings in marihuana, and to safeguazd the revenue therefrom by registry and recording." Cannabis and its prepazations and derivatives are covered in the bill by the term "marihuana" as that term is defined in section 1, paragraph (b). There is no evidence, however, that the medicinal use of these drugs has caused or is causing cannabis addiction. As remedial agents, they aze used to an inconsiderable extent, and the obvious purpose and effect of this bill is to impose so many restrictions on their use as to prevent such use altogether. Since the medicinal use of cannabis has not caused and is not causing addiction, the prevention of the use of the drug for medicinal purposes can accomplish no good end whatsoever. How faz it may serve to deprive the public of the benefits of a drug that on further reseazch may prove to be of substantial value, it is impossible to foresee. The American Medical Association has no objection to any reasonable regulation of the medicinal use of cannabis and its preparations and derivatives. It does pretest, however, against being called upon to pay a special tax, to use special order forms in order to procure the drug, to keep special records concerning its professional use and to make special returns to the Treasury Department officials, as a condition precedent to the use of cannabis in the practice of medicine. in the several States, all separate and apart from the • taxes, order forms, records, and reports required under the Harrison Nazcotics Act with reference to opium and coca leaves and their prepazations and derivatives. If the medicinal use of cannabis calls for Federal legal regulation further than the legal regulation that now exists, the drug can without difficuhy be covered under the provisions of the Harrison Narcotics Act by a suitable amendment. By such a procedure the professional use of cannabis may readily be controlled as effectively as aze the professional uses of opium and coca leaves, with less interference whh professional practice and less cost and labor on the part of the Treasury Department. It has been suggested that the inclusion of cannabis into the Harrison Narcotics Act . would jeopardize the constitutionality ofthat act, but tbat suggestion has been supported by no specific statements of its legal basis or citations of legal authorities. Wm. C. Woodwazd, Legislative Counsel Whereupon at 11:37 AM Monday, July 1 Z, 1 • • O"O WR,J WOMEN OF REFORM JUDAISM MEDICAL MARIJUANA AS MITZVAH A STUDY GUIDE "We, who aze healers, repair eternal bridges. Whispering of desire and hope, weaving together lifeprayers, risking love. Divine spazks refill shattered vessels. Each moment overflows with bravery, with spirit, with trust in ourselves and in God." from Sisterhood.• ACovenant of the Soul by Rabbi Rachel Hertzman This study guide is designed to initiate discussion following presentation of the video A Panel Discussion on Medical Mariirrana. Jewish commandments (mitzvot) help us make the,world a more sensitive, just and compassionate place. From what the speakers in the video said and what you know about the following Jewish values, why do you think WRJ supports making the cannabis plant available as medicine to the sick? 1. Saving alife - pikuach nefesh - is the most urgent mitzvah in Judaism "Nothing must take precedence over saving of life" (Talmud B., Yoma 82a). Do you think medical marijuana can save lives? How? 2. Jewish mystics count these among the ten Sef:rot, attributes or manifestations of God: Din, the power of God, is manifest through judgment and the setting of limits; on the opposite side, Hesed represents the mercy of a patient, forgiving God. Mediating between these two extremes is Rahamim, the love and compassion of God. What might be some compassionate solutions between the limits of current laws against cannabis and the mercy we feel for those who aze suffering? 3. The mitzvah of bikkur cholim, visiting the sick, has as its object cheering the sick, to be of service to them, and to give them hope. And, while Judaism prescribes prayer for and by the sick, it is not seen as a substio~te for competent medical treatment (Gates of Mitzvah, p. 49). How do you see medical marijuana as a ~ m.rrce of hope for the sick and as valid medical treatment? 4. "Justice, justice shall ye pursue" (Deuteronomy 16:20) is the Torah's abiding prescription. Is there justice when sick people are denied access to this God-given substance, are imprisoned for using it as medicine or for growing it or providing it for others who need it? 5. Cannabis has only been illegal in this country since 1937 when the Marijuana Tax Act was passed by Congress a law of the land passed by a government of men. With Tikkun olam, repairing the world, as God's commandment to us, does the situation with regard to medical cannabis warrant some repair? If so, what kind of action might we take? 6. It is a mitzvah to study torah! What lessons can be learned from these two verses? In Genesis 1:29 God tells Adam and Eve: "See, I give you every seed-bearing plant that is upon all the earth, and every tree that has seed-bearing fruit; they shall be yours for food." (Plaut, p. 20) In Exodus 30:23 we are told that the Lord said to Moses: 'Next take choice spices: five hundred weight of solidified myrrh, half as much -two hundred and fifty - of fragrant cinnamon, two hundred and fifty of aromatic cane Make of this a sacred anoirrting oil." (Plant, p. 633) In the text, the Hebrew word for aromatic cane is transliterated as'kana-besem'. The modem Hebrew word hanslitereted as'kanabos' is translated as "hemp", the English word for cannabis. (Ben-Yehuda's Pocket English-Hebrew/ Hebrew-English Dictionary, p.140) ~i~- - ~ - _ x y--° _ ' ~ .1i! e - ~Y'~A~S~~~..~,~~W':. 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Fror~~feaYnr ~ "t Foltawmgsete4tiaeriy€ a€'~ss{Iefl~ckterctaua~(pta[A~;, ' CtlatactEflae¢klj(th~€cherttf€afa7E~ten$~aCkp~adu€t~sarFSes~. ; r ,~.xa" t c[crned~Fav€~Cwri1n~C~m~virigS~ttxtccPnn~a~rsesrextfia~~ rM ~ t[t~rdfii4¢a€ptatikaacttten~i~f:wifEtrt~csacEauN'trcttl~^.~ z - kut~ w ~ ~ ?r 1 )~Y +R ,r. -fir ~'~~~.a'~.,. _'y -et'}' r C i ~ y a qtr Y~r ~ Q e y 'y~k. y r YY u hVV phartnaceutirdl5 UK Government policy Cannabis is currently designated under Section 7 of the Misuse of Drugs Act 1971 which provides that the drug can only be produced, possessed and supplied for research purposes under licence from the Home Office. The UK Government has stated repeatedly that it will permit, subject to regulatory approval from the MCA, cannabis-based medicines to be re-scheduled under these regulations so as to enable their general prescription. In February 2001 Charles Clarke MP, Minister of State at the Home Office, submitted oral and written evidence on UKGovernment policy to the House of Lords Science & Technology Select Committee. He stated the Government's policy to be as follows: "If the clinical trials into cannabis are successful and they do lead to a medical preparation which is approved by the Medicines Control Agency, the Government is absolutely clearthat we are willing to amend the Misuse of Drugs Regulations to allow the prescribing of such medicine." The amendments referred to above would not relax existing controls on illicit use of herbal cannabis material, rather they would permit only the prescription of specific cannabis-based medicines approved by the regulatory authorities. Furtherlnformation relating to the legislative position surroundingthe possible prescription of GW'sfuture products is set out on pages 21 and 22 of this document. Cannabis-based medicines The beneficial therapeutic effects reported by patients who use cannabis appear to result from the interaction of certain cannabinoid molecules in the plant. These cannabinoids provide GW with a rich source of new medicines. As far as the Directors are aware, GW is currently the sole producer of pharmaceutical grade cannabis plant materials under licence in the world, ie plants specifically grown to form the basis of prescription medicines which meet the strict standards required by pharmaceutical regulatory authorities. GW is developing a broad product portfolio of cannabis-based medicines. These are derived from standardised whole extracts of proprietary cannabis plant varieties that have been bred to provide a pre-determined content of selected cannabinoids. Extracts from these plant varieties are then incorporated into a range of drug delivery technologies, including asub-lingual spray, sub-lingual tablets and an inhalation device. These products undergo a full pharmaceutical development programme, including pre-clinical and clinical testing, with a view to obtaining approvals from regulatory authorities around the world. Given that cannabis has a long history of medicinal use, relative to many pharmaceuticals, cannabis-based medicines benefit from short development timelines. The Directors believe that this significantly reduces the cost of development and, subject to MCA approval, should mean that revenues from product sales will be relatively quick to materialise. The Directors believe that the development of GW's cannabis-based medicines holds a greater certainty of success than many other biopharmaceutical or biotechnology programmes. cannabinoids cannabinoids are molecules unique to the cannabis plant. There are over 60 such cannabinoids in the plant and GW's programme focuses on a selected number of these, including 49-Tetrahydrocannabinol (THCI, 09-THC Propyl Analogue (THC-V), Cannabidiol (CBD), Cannabidiol Propyl Analogue (CBD-V), Cannabinol (CBNI, Cannabichromene ICBC), Cannabichromene Propyl Analogue (CBC-V) and Cannabigerol (CBG). THC is the cannabinoid that has to date received most attention from the scientific and lay community. However, THC and other cannabinoids have been shown to have analgesic, anti-spasmodic, anti-convulsant, anti-tremor, anti-psychotic, anti-inflammatory, anti-emetic and appetite-stimulant properties. Research is ongoing into the neuroprotective and immunomodulatory effects o canna inoi s. To date, GW has primarily focused on the two principal cannabinoids THC and CBD. The different beneficial therapeutic effects of cannabis result from interaction of the different cannabinoids and not simply from one specific cannabinoid. Consequently GW's portfolio of~ ' pharmaceutical products consists of cannabinoids in different ratios. ~ ~ ~ • • VVV ' Standardised who/e p/ant extracts GW's medicines are derived from whole extracts of selected cannabis plant varieties. The Directors believe this approach has a number of advantages: • hundreds of years of cannabis use provide compelling evidence of safety. The First House of Lords Report stated that there have been no reported deaths "as a direct result and immediate consequence of recreational or medical use". The therapeutic index for cannabis (the ratio between an effective and a lethal dose) is estimated to be 40,000 to 1 (source: Journal of American Medical Association). By contrast, the equivalent ratio for Aspirin is approximately 23 to 1 and for Morphine is 50 to 1 (source: Merck Index); • medical literature contains significant amounts of evidence pertaining to the potential therapeutic benefit of cannabis; ~ • the development of a number of medicines from a single plant species means that much of the early i pharmaceutical development work carried out by GW can be applied to a range of product opportunities, thereby avoiding the need to repeat significant amounts of work for each additional product in the portfolio; • human clinical trials can commence at a relatively early stage in the development process -the first Phase II trials of GW's medicines commenced only 20 months after its first crop was planted. Just over one year later, GW proceeded into its first Phase III trials programme; and • faster development timescales mean the overall costs of development are significantly reduced. Cannabinoid mechanism of action Recent discoveries have demonstrated the mechanisms through which cannabis has medical effects in the human body. The discovery of two cannabinoid receptors in humans demonstrates how cannabis and its constituents may exert some of their pharmacological effects and the discovery of endogenous cannabinoids has further improved the scientific understanding of the therapeutic potential of cannabis. Medica/ effects of cannabis not re/ated to psychoactive effects Evidence from GW's clinical trials shows that patients can obtain the medical benefits of cannabis before any feeling of a "high". Patients emphasise that they seek to obtain the medical benefits without intoxication. This is similar to the experience of patients who use self-administered morphine for pain control. They control the dose to relieve their pain while trying to minimise any side effects. Pre-c/inrca/studies Pre-clinical studies are carried out in order to satisfy regulatory authorities as to the safety of test medicines for use by humans. GW has to date examined the safety of the two cannabinoids which form the basis of its first products -THC and CBD. The MCA has stated that GW has provided satisfactory pre-clinical safety information on THC and that no further pre-clinical studies on this molecule are required. GW has to date conducted limited pre-clinical safety studies on CBD. To date these studies have demonstrated no relevant safety concerns. However, a longer term carcinogenicity study is required as part of the MCA's standard requirements for products which are likely to be taken by patients for extended periods of time. GW has been advised that such a carcinogenicity study will be required and this is currently being planned. The MCA has advised that aCBD-containing product may In fact be approved prior to completion of the carcinogenicity study so long as there were to be strict label guidance on usage of the product. 1 ~-3 S~ ~ ~ V„[ ~ 4..: h~wr ~ ^f g Volume 1, Number 1 2001 ISSN: 1529-9775 C Journal of ~ . a~ f ~ ~ . c.. ~ ~ ~~,~4 , ~ Y TM ¢ ° i r ~1~~ Gk ~~~a k ~ Studies in Endogenous,.H` ~n ~~a "x ~ Synthetic Cannabin©rrv` x3 gip, ,~.~v ,~v ~ °•t~ a , .H~ . ~ 7 s , THE OFFICIAL JOURNAL OF can a b is ~ ~ `u ' ~~y~ ~ ~ ~ ~ ~+°'~r ~ i s ~ ~ - Cn E: d i c i ~ e internotionol d - Association for Cannabis as Medicine ° , ~ r>~t~ ' w n Co-Published by x~ The Haworth Integra ve He g$ress INP and The Haworth t~ C y~! E mkt ~ ~ ,_3 a 1 . ' f w Marijuana (Cannabis) as Medicine Leo E. Hollister ABSTRACT. The modern published literature on the therapeutic po- tentials of cannabis has been reviewed. A pure preparation of the major active component, delta-9-tetrahydrocannabinol (THC), MarinolOO or dro- nabinol, is available for treating nausea and vomiting associated with cancer chemotherapy and as an adjunct to weight loss in patients with wasting syndrome associated with AIDS. Although such approval cur- rently applies only to orally administered THC, for practical purposes smoked marijuana should also be expected to be equally effective. Promising leads, although often tl~agile, suggest possible uses for treating chronic pain syndromes, neurological disease with spasticity and other causes of weight loss. These possible indications require more study. (Article copies available for a fee from The Hawort{e Document Delivery Service: 1-800-3~/2-9678. E-mail address: <getinfo~hawarthpressinc. com> Website: <{utp:l/www.HaworthPress.com> ©?001 by The Haworth Press, Inc:. All rights reserved.) KEYWORDS. Cannabis, marijuana, THC, dronabinol, vomiting, spas- ticity, anorexia, pain, seizures, glaucoma, asthma, insomnia INTRODUCTION Marijuana has been used medically for millennia and in the United States for over 150 years. It was in the US Pharmacopoeia until 1942 when it was removed because of federal legislation making the drug Leo E. Hollister, MD, is affiliated with the Harris County Psychiatric Center, University of Texas Medical Center, 2800 South MacGregor Way, Houston, TX 77021. The author acknowledges Steven C. MarkofF who provided valuable assistance in searching the literature. Journal of Cannabis Therapeutics, Vol. 1(1) 2001 © 2001 by The Haworth Press, Inc. All rights reserved. 5 a 5 •a. ` ' ~0 Smart-Money Stocks • www.forbes.com k The Unstoppable Economics Of a Booming Business VERIZON WIRELESS Poised to Win It All INATRIX III The Making of A Money Machine Forbes _ Tt .e s_... ti. .>E 4' Aata~i#d~a`i~~ ~fi X6e S~nd4s ~6.Islands f 99 - - , x' > _ , r ~`x ~6.'lY~.j 1 ~dt1^s7 ~i )~~!+I~ ~ ~ ~ ; a, 3 - a - r - - n ~ lfM2 uar'SA\alliar. ease they might La sucressfui, the interests of tnec only of _ the pectins could Le protnuted, while the other o•uuld have s. haaunled ererything without the prusltcci of an advunce- ment. The certainty themfuro ia, ther Hill lrotlr [emain - laya! ; and so long ai tlmt is the rasa the present gorem- meat must ht permanent. This truLittce of power we consider a happy circam• sWnee; for try it, far greater facilities lac the uchiocenceat _ _ of our caterpprise arC affordsd, than could be othrru-isc be ' secured. '!'he most formidable impediments yet exlx. riencetl to the success of missions iu the polynesian t<I- soda have arisen from the riralship and ware of dtc petty ~ kinggss of independent districts and islands. x T'ftc government is n despotism ; ntn! rho rank of thr. king and uC the chiefs, hereditap•. :111 rights of property - and power are tested in the thwne, and are at the dts• posal oC the 6ing, whose will and word alaqu ore law; • dtough in important measures he usually tykes the semi. mem of the chiefs in council. The appouxments of o~cc, sorb as governors oC islands and districts, cmnnmtulers of ~ forts, 8tc. dec. aro made only try the king. ` - 17te support of the king is Ly an aanuai tribute Crom alt ~ the islands, readernl at different periods Ly different die. ~ F triers and istande, as his majesty may direct. Jt consists 1 of the pnxluce of the country : hogs, dogs. fish, fowls, po. 8 tatoea, yams, kale, bananas, melons, tlvc. &t:. ; of articles o[ maaufactare: canoes, fishing-nets, kapn, roars, birds' ' feathers, unwratskl du Sr. ; and, since the intro- .•i ~ dvetion oC mule wt'tlt fieeign- eaTwa,d. an oc. s v' cnsionally of specie. Besides this tribute, laowavex, the king has pourer to levy say extra tar. Le pltmscs, atul eren to approprialt to his awe use, by direct and uointirnated seiearc, nny p~crsciaa! possrssiaa of a chieF or «ther sub. jest. J~nt unfrequently the whole growth of a planwdaa ra thus Lorne off' by the servants of his househaW, with- ' t ~~rx oui the slightest apology or wmpenaation. ~ 'fhe rcrenne of the throne has been greatly augmen[ed of late nears, 6y the cfmrges placed on the poH of liotro. _ - luln. 'the pilomge, both nn entering and leasing, is one dollar a foot on the dmft of each vessel; for an anchorage _ ~ ?f i ~SZ... ~ ' ~ ~ The Boston at Hawaii r?I~I ~ , ,ZS I R r OB j y ~h I ONS OF ' i; IMPRESSI OBSERVATIONS AND -THE u r : A NAVAL OFFICER DURING A STAY ill ,I I I `J., OF FOURTEEN .MONTHS IN } THOSE ISLANDS ON A I MAN-OF-WAR. _ ~ - - BY - - I,UCIEN YOUNG, ~ U. S. NAVY,::, - A1R'AOR OP CAl'ALOGOA OP AMRRICAH MYAL AUSAOR~ BLBYRHTS OP - ' NAV1GApOH~AACA.HOI961Gt-ARAARGAR A, pml0, AACLIG- ' cvRSAHIS AHU WMDA, %[C. ' ~ _ ~t { C L ~ ry J-' - I- 5~ ~ ~ WARffiHGSOH~ O. C. ~I!/~I a GIBROH HAOS., PRIHI%yAR AHO BOO%BIAORAS. 1 xBgB. ~ . 1- ~ ~ r~ V~ ~1 ~f r28 Fibres-Fruit. ~ Fruit- b'egetables. - ry9 .y~ Hemp has been experimented with, and the sam+ ~ ango grows in great- profusion, and several va- Ales grown were pronounced by experts to be p, jeties are used for- making chutney. The best _ good length, clean, strong, and fairly bright. T,-' ~ valities of mangoes were imported from Jamaica plant is free from enemies among the insect trrbei end India, and, for eating,.their flavor isexceedingly and. it is not injured by rain or storms nor by. one:- The mango tree is an evergreen, with small drou ht. The expense of cultivation is almos~~ sglossy-leaves,.makes a good. shade-tree, and the r, nothing, and the yield per acre was ound to "e'-,_ gUm.which exudes from the trunk is used in medi- " e rn e o t tr een an one- a ons o c ea Elne. It is very prolific, and bears fruit which fiber. ~ ipens during several months oC the year. Fre- ` ~ mie, or vegetable silk, grows luxuriantly, b " -ijtently trees are found with ripe fruit on one side the want of proper machinery to prepare its fi .pnd blossoms on the other. for the market has prevented development of th- ;Cocoanuts, which grow along the shore where industry. ~ryothing else will,are now very little cultivated. If _ Tobacco has been produced of a quality '"ttended to they will, after about ten years from compares favorably with the best manila wrap "~anting, bear steadily for generations. Not only There is no question but that the raising of toba nilt, but the husks or fibrous covering and the ''-t~, in the islands can be made a paying industry. ~:-ves furnish valuable marketable material. The soil and climate of Hawaii cannot be Thesapodilla,soursop,cherimoya,custard-apple, celled for the production of tropical and subtr"' cli-fruit, pomelo, papia, citron, mammy apple, ical fruits, and their introduction has added large ter-lemon, granadila, pomegranate, and tama- x ~n~; to the industrial enterprises of the islands, erg- tid are some of the desirable exotic-fruits that do f ciallysointhecaseofsemi-tropical fruits,suchas, ell in the islands. ~f` avocado pear, banana, pineapple, orange, lime, .:'Vegetables of all descriptions are raised the year ~m P+` ~i^ lemon. The avocado pear is common to the ~ end, and watermelons and cantaloupes are supe- r"' ";~to those town in most countries. t'~t~ Indies and Mexico, and of different varieties, v~j: _ g ing in size and color, the largest being abouC;, aneapples were -introduced in khe islands by 1 inches long and weighing upwards of three pours • e_of the early navigators. They grow wild on " -the islands but the later introduction of a su e- 4 gyp; The trees grow to a large size in the Hatval" p ~i~ quality, and recent revival of the industr have ~ Islands, and the fruit is of a superior quality - y, ` is of a butter-like consistency, with a nutty fla ` 'Eloped quite an export of this fruit. There are a and makes a delicious dressing for salads. ~•etwenty-five varieties, known by different names ,~r~ , `~~ii« k~ ; ~ ` a-~ V. t. /~8 WedneSday,.May 24, 2006 - Garcia Big Is a Iawrnal~er, dead at..9l 6y hETER ~iUt~' . the niclrname "I~ukilepo~foe," ~ later and served nnttl„197 - , II@ Was aapabl~y of h¢kt-' Tntrune-Hercrfdstaffiyriter referHng~to a gatherer of dirt, ~ $e was elected.. th the ~;he _~ntez' as,~vell. It' a~- In the 28 years that Jpseph and it stuck wrth him for hfe. County Council m 1976 on an 'lab at the stdtQ Capitol's too- R,ui~ flarct'~a )r, hekt fah ~ Ha ~duated fmu~ ~Lahazn ~at large seat and setued. one ~ ccu~dtti s~xs3_ el~tad O~i~nnever ~e1~1 a ~t'n<y High Sahool. and the ,-four yexi+.teral, aid a Shat, W ~l ~hdCavsek rw'ht~ b~=navQz ~?twersaty of Cal~'nrma at ~ erahn~ his~blt~ servlee unc#~" ; ~y ~ a>~dwacl a~ fci#td<oi' testiAxo ~avts where ho competed m Mayor BergardAl ~ Sx: nial and lttlitited opntrtl~7udons track and fciotball. In 1444 ha Th0 'I'rihlrl+e-IIe%l~ , ~ to.a few do~lai3` was honored as a distingtitshed. 'endorsed htm for re-aleatlott ~ fpm. 'Pha Stg Isl~3nd Iawsriaker,- alymnus of the unrvarsxty in 1970: ~ rr""l#ttr}e'' i sugar mdtts~ C3arcta returned tp ,Hawaii `Ciarcias S5 with ~Q, yeard d: t try figure ark ' attd l~tlnaer- M1ll tg tpaatraga its . _ bf service„ is the dda' t~ tl}a - popular s ~ , ~ .5` a~ 1iveStock }rams -House o$ Kepresa3ttahYas. hTe t teller dted~ .~?I snarl jcnned the x~Iawati , lies been an aff~ les'1~ r: ~ t day.rn il~ ug A ~ parti , ~s- Id ` at 1?lanters ssoo tioti'at tur; cnlarly as t'~~ ~ ~ t , the age of 94 ' i?s~~lastatidn , .r f]oor leada~ ~llez~ ~e# , ~ ` ~ "He ~ a. He. }pined Hakalau` Pl~q. ;,,-late, he kea~sa the ~m ~ ~ a Yery sruai~ ~6pn Cn, _ as an agricnltur- ~ 1~amocratC-an theft .Y~ ~ ~ ` v~ person and hte ~ , 1,itk 1942 and by 1435 was fights hard' and eh~e~r~y h , f embadrad fha ~ thtl industrial relapYlns and =for causes ha beh~ 2nti ~ a~?; 1 }lersnna pf fii~ ~ ptibh~ ,relations "siipenhtem- Sugar ;ivas qn~ A~ t,~tss~ ~ ~1~7a , Blg.Island lda~ust~rastita ll~ig ~e?At. IIa held those posirions -causes and after`1@8vi~t~ tae ` , en~s:of ~ Island,' seal': awatl Couuty .at Pepeeken`._ Sugar Co, from became the- director; a£ pub rtt. Jupa 2at?txc~tt Copnctlwornap[~irgtma"hybetl. ~3~63 to 1472 when ha trans ]ic relations and c~i+vnuvit~ h~1 Apr a w~~_ s I "H~ represented t$e p~pie ~ferred tp.~CPC = - raffarrs for Htlo boast ~'rcr~~ ~'tl~ 8 30 ~ welt FTa was _ut tho I,.~~ttslet- ' ~ iIn the t~^{toaal Legislature, ~ ing Co ~ - $helFh I turEt lbr years;-and I~ttgoing Z`xa~°raia served as the. eha~r~ In his final leg'rsl~#iue eanq ,Iionpmlt; . to ttttss him.. = man of the )tabor and.: Indus pazgn,,Cratcia ran ~ the lxlat tie t<elebrated at 1~; a,`d~, ~ `{TIe ~~tead gentleman trial I{elaiioris ~omimtree the- fotttt of supportvtg; a sung, twfihl?viIl~~nllow ~t~~ I;e kigd a rpa17~ ~g~Ca for a Rgclrcnlture ltd Forestry~~a~ ciivarsified :agncultur~ prfr la3~hfbr~ ~'k ~t lltEIe ~}~'apnd pa t~?wall rrdttea arld tlieLand:* Cxl{ft• gram, tlq-~au1t a~ctl ~a ~ ~s s u ~ ' when Ile; people tel: Zn latet~aars seris~e~~ rnsar~lleeti logislatipir~'r ~`~tf~; ivy ~ ~ listed, Y~ cl. t : : ~racemaliy every t°atm'- r~a~- voca4ctnal`adu4atf6p ~ ^abr(s . Cara}a kC€:tk Ike mi~ea and was the psit~* at I3av"uatf Ccsltunutt~ ~e~tt ~a}~ta 5 ~ . way;, b¢rn -~kua, Maui, Iep`iteg ftK's~_ypats, 1J u~l arrd high achnols ~~1~'`t z "F, m SP~~sh vtu~'anta~Ivseph ,~'h® 1>Qpplar rsi8nc~ tmpro+rem ~°G ~ , ~i ~ ~ ~ . ~ GaC~ra`S - a4c17vlarra I:QUtsa entered the ;Cx~~et fur IICC> ~klila C~~t~`;~~~1~ap~IC~ j~~" , Cows;, in 1915 l~tom age 9 terltomal` ~,~e~~#~ct ll ; puhha sahgols and lttirit~ bn 8rarlcdlclieru ~ h~ ~utltfted ~ ~ ~ im r=te d~~,~-~ ,~~h~~'~t the. a~na~ ~nld,~ ; ~ usd"tlt~~~~~~~~ s .x r YI. IX. RELIGIOUS USE OF MARIJUANA n o ~cer shall document all claims of religious use of marijuana made by a defendant. 1. Spontaneous utterances and statements made after the defendant is advised of his/her rights shall be documented in a supplementary report and submitted as part of the investigation. 2. All documents explaining the religious use of marijuana to include fliers, identification cards, etc., voluntarily given to the investigating officer, shall be recovered as evidence and submitted as part of the investigation. B. Arrests, as in any other criminal case, shall be based upon probable cause. INVESTIGATIONS INVOLVING THE MEDICAL AND RELIGIOUS USE OF MARIJUANA PAGE 6 C. The police shall not decide whether the suspect's claimed religion is a recognized religion within the meaning of the First Amendment and not just a belief, as this is a legal question reserved for the courts. D. The police shall not decide whether the suspect has satisified the legal requirements espoused in State v. Blake, 5 Haw. App. 411, 695 P.2d 336 (1985), since these are legal questions with respect to the determination of fact and burden of rp oof specifically reserved for the courts. HAWAII POLICE DEPARTMENT COUNTY OF HAWAII By: (Signed) JAMES S. CORREA POLICE CHIEF Date: 04-16-02 COUNTY OF HAWAII By: (Signed) HARRY KIM • ~ • Big Isle church now requires marijuana The decree comes in the wake of one member's conviction for drug possession BY ROD THOMPSON, Big Island correspondent CAPTAIN COOK, Hawaii -The Religion of Jesus Church has declared that members must use marijuana as a sacrament, church founder James Kimmel has announced. Previously, the churc considered marijuana an optional sacrament. The action was taken by Kimmel and four other church elders over the weekend after a Kona jury last week found chuic pastor Dennis Shields, 49, of Captain Cook, guilty of misdemeanor marjjuana possession. Shields admitted ownership of 7.9 ounces of manjuana found in his house in 1994 but unsuccessfully azgued that he had a right to it under the U.S. Religious Freedom Restoration Act of 1993, primarily intended to protect American Indian religions. The law would have permitted acquittal of Shields if he met certain tests, including being mandated by his religion to use man~uana. Shields testified marijuana changed him from an agnostic to a believer, but its use is optional. Shields's friend Jerry Rothstein said he spoke with two jurors after the verdict Thursday. They said the jury considered the lack of a mandate the crucial factor requiring a conviction, Rothstein said. Deputy Prosecutor Melvin Fujino, who won the misdemeanor conviction against Shields, said he doubted the change by the church would prevent more prosecutions. Fujino had formally recognized the sincerity of Shields's beliefs during the trial. He noted that Shields had even said the invocation for the county council two or three times. But the sudden marguana-mandate change at the heels of the conviction will make it harder for hurt members to convince a judge or jury of their sincerity in a future trial, he predicted. On Saturday, Kimmel, who lives on Maui, issued this statement on the Internet: "Please be advised that, as of this date, April 12, 1~, it is the Mandate of the Religion of Jesus hunch that all members of the Church are required to use Cannabis spp. mari'uana) as the Sacrament of Divine Communion for daily meditation and worship and on specral occasions such as, but not limited to, April 7th, April 9th, August 10th, August 21st." The dates refer to the cmcifixion of Jesus, his resurrection, the day on which Jesus inaugurated the Kingdom of Heaven on Earth, and the day of Jesus' birth. The dates come from the Urarttia Book, the "primary text" of the church, a religious work given to humans through a "contact personality" in the 1920s, Kimmel told the Star-Bulletin. The term "Religion of Jesus" also comes from the Urantia Book, he said. Kimmel said he was teaching physics, earth science and biology at a public high school in Maria, Calif, when his students gave him marijuana in 1967. Until then he was an atheist. "Marijuana helped me t± ;d Gcd," he said. Kimmel founded the new church in 1969. Kimmel said he operated divinity schools on Kauai and Molokai from 1973-77, and still holds church services at his Maui home every Sunday. The mandate will provide no protection for Shields with his current conviction, but could lead to new chazges: Shields noted that his church now requires him to use marijuana, even though he is on probation for one yeaz. Pull-out: ^ S. ~ • Two jurors reportedly said the lack of a requirement for mari.~uana helped the state's case. rr~l, helivivg[arah.jpg 772x1203 pixels 7fY//06 7:33 AM Exedras ~ r~ , .r~ ~r-r~t ~ ~,~r~ :err i. ~~~-~~-ru~ ~ ~~r~ ~;r~-r~ : ~~~s Ar t 'r v ~ t - r t x.,~e~,a~~ ~ ~~®~.r naoeaft aousca fpus want tae , sweet oluous (Seppaa~imt; ltaanb~ms on Kerkhoth .a;i; Stadia; iba JanathL 'r1d. b dfe a'~6 or B~- , ; - . ~ ` .'ihtlt- i.. ahYrlifaT - r~Yn rein iYt ate timrs a a 3~: . 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O to m y~ pp C L m ~p w ~ Q ~ ~ m= w C O L ~ F 'O W W i+ ~ ~ ~0 O d O V 'O N L N O L ~ ~ .Ji O ~ v O ` C U 7 O a U cU ~ am „ T 3 = ~ ~ E~ m `v o ~ ~ m U O 7 m E c L" Q V ~ U U U ~ -o O u v O Z W L Ol O y, Y m z 3 L aN Y a m W m ~ ~ 00 Z ~n L ~ u- L m Q Q ? m O p 0 L 'm W W U N~ C C C ~ ~ L o o= o v E m z ~ o o a a m m ~ m = Q a > L > m c L 7 0 0 ~ z ~c v nY a~ C O c 'L'' F. 7 7~ T U 'O O ~ U ~ m m m a c o z w w v c v L ~ V Q m uI to m ~L, ~ ~ ~ H d cv ri d~ iri EXHIBIT C L v v 3 c O a ~ L Ql N ~ ~ F' C ~0 V L N C 7 u N M N ~ N `_z Eo v v a - m u m 9 a T ~ m W - C ~i N L U/ ~ . ~ ~ ~ - _ _ 10 O a. N 1l7 w N U i ~ Z - C C N~ ~ ~ t0 10 V - p t., 10 L N yn N 01 C N ~O 1--1 ti N u N L fO C O~ 3 m~ c ~,u ~O u n W O ~ 0 o L E m m II w W N ~ ~ ~ ~ U ~ Q .Ni O E C L NW n N N C N t0 n O f+l ~ ~ E V V N In n 01 N C p Qp U1 ~ L L U ~ X N to ~N J Oi ~ C i+ V U C L Oi O . N L 3 W ~ O C L L C ~ = m . 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