HomeMy WebLinkAboutCOM 1018.002 2004-2006
The Methamphetamine Eradication Act of 2006 Petitioner's Committee
Contact: Roger Christie FOR IMMEDIATE RELEASE
(808) 961-0488
(808) 756-1234 cell
rogerchnstie@yahoo.com
www.peacefulsky.com
THE METHAMPHETAMINE ERADICATION ACT OF 2006 ON COUNCIL AGENDA
initiative seeks to correct the damage done by Green Harvest
"Shall public policy be amended to end all marijuana eradication operations and transfer all
manpower and funds for such programs to anti-methamphetamine education and treatment?"
Aloha. Petitioners contend that the methamphetamine epidemic and crime wave is
caused mostly by the prohibition of marijuana and public policy must now be corrected.
'Ice' and the crime associated with it has become a public emergency affecting life, health
and property to such a degree that we're calling on the Hawaii County Council to approve
the new act immediately, or decided it to be sufficient in order to allow citizens to vote on it in
the November election.
Sufficient or insufficient?
Communication 1018 is the first order of business for the full Hawaii County Council on
Wednesday August 23 at 9 a.m. The communication presents a Certificate of Insufficiency
issued from County Clerk Constance R. Kiriu dated August 10, 2006 on the
Methamphetamine Eradication Act of 2006 due to the number of signatures presented.
Charter technicality lead to proposed ballot initiative
Our petition committee is challenging a technicality in the wording of the Hawaii County
Charter concerning the number of signatures needed to qualify a petition for ballot status.
This lead us to write and submit the proposed legislation that we hope to be approved by
at least five Council members next Wednesday.
Public testimony needed
Hawaii County residents and visitors can view the initiative online at
www.peacefuisky.com and are encouraged to write testimony in favor of its passage.
Testimony can be submitted by mail to the attention of Chairman Stacy Higa, Hawaii
County Council 25 Aupuni Street Hilo, Hawai'i 96720, or faxed to 961-8912. The public is
also invited to testify at the meeting. Each person gets three minutes to speak.
Where do political candidates stand?
As this is election season, voters want to know where incumbants and challengers stand
on this crucial issue. Please ask them.
An information meeting on this initiative will be held on Monday August 21 at 7 p.m. in
the Moses Building 94 Kamehameha Avenue upstairs in Suite 2. Aloha.
Comm. No.
Ref. To:~~ --~'QAM~V
Ref. Uate AUG 2,______ 3s
10-Hawaii Tribune-Herald, Sunday, June 8, 2003
?,Cuuciu I
Tribune-Herald
Op inion
UST WK .
PART oft
ER+TIDN Dor1Y
G;' YOU UNIDERSTAN~ LE55 POT
mom rnorwy and McRc
FOr OPERR' IM EXP6451VE MORE USERS
(ice HPAVFST UNABLE To
c AFFOa b FoT
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DRurx U5ER5 INE?CP, NSiVE,
UNABLE To DESTRUCTIVE
POT BAY MORE. TLE:
E'-XPENSNE W ICE
EPIDEMIC!
ADVOCATES
7
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National Institute on Drug Abuse
1991-1994 Final Report
ICE and Other Methamphetamine Use: An Exploratory Study
(Entire report has been removed from the Nd.D.A. website)
Highlights of the effects of marijuana eradication on the'ice' problem:
"The use of ice in Honolulu had led to particularly serious physical and
psychological problems and significant social disruption in poor working
communities where it replaced marijuana which had become scarce and
expensive due to eradication policies." (From the 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 a well-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 veryimportantly, 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 especially 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. It's a known fact among the drug
addicts and users on the island. It's easier to get than weed. It's 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 find ice easier. Plenty
guys I know use ice because they cant get pot. I'd rather see them smoking
pakalolo cause they were mellow, nice people. On 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
boost
q s=~Yhp~ao
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0 X.
ice use a~
? Ma Wana prices ' d 3; o Y= ~ ~
driven up; users
turn to crystal meth
Byn*unChris Lom
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T O o € 3 Y
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ES
Marijuana eradication. -111 -S
Hawaii contributed to the-
increase in the use of the drug '3 3 8 a S U
"lice," according to a govem-• ' Y ~i •
An side = ~ I
t~ Kim * i la
4 U
is scbedule the p~~PV invatigatoc of the = !!1:F
II „
al Institute The three-year study for the Nation- $ . a r
study at:n =onnation
C s~
from 450 methamplietanxine
users is Hoooluls, San Friuscis- L A L
e0 and San J Fi
'It's the fast ever °D i I -a •
done 0 V IL
thu interviewed users in the
conintmrty, said study leader , ' 7 . °"5 ao
Patricia Morgan. ?r Y r o a
feSSnr at E'f C d VAC L C
Maim assocati-L hool of public lie lth at the _ e o e 3 .gY g
the Sc
University of Csltforma a[ Bence- = a C v b' e 3 m + Y
Icy vas vacationing in Kona
when she learned that rim's o = : 3 E 9 < ' 'o
cxwutive assistant, Billy Kenoi,
wanted to meet with her to dis- L -cc -20 A
cu = 3
ss the report Kenoi is helping (D ° WO u rr', o ? E o U m • E e
to organize a -meth summit" on K E Op a m S c
the Big Island Den month. f0 a Y to Y c
e E a to a K$ E p-
Mrxgan's 1994 report, some O m E
E E ~ ~ E -
200 pages long. found that the-
CL_ r c L~ °E = b E a°+ t
California methamphetamine 3 ~ ~ Y~ a`° is b` E v
users were more likely to snort a e Y w a
or inject the drug, while 86 per as : e o >e 1 t
e
cent of the Hawaii users W a i - 9 e = e u ] d:
smoked an crystal form. U E L E r `a 4 °e c>
'Ile use of ice in Honolulu = to?L i •e_ r = Y
had led to particularly serious ° , u • • „ ij
physical and. psychological
problems and significant social
disruption in poor working
communities where it replaced
See ICE,
Page 8 y
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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 church 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 church pastor Dennis Shields, 49, of Captain Cook, guilty of misdemeanor marijuana possession.
Shields admitted ownership of 7.9 ounces of marijuana found in his house in 1994 but un successfully argued 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 test, including being mandated by his religion
to use marijuana. Shields testified marijuana changed him from an agnostic to a believer, but its use is optional.
Shield'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 marijuana mandate change at the heels of the conviction will make it harder for church members
to convince a judge or jury of their sincerity in a future trial.
On Saturday, Kimmel, who lives on Maui, issued this statement on the Internet:
"Please be advised that, as of this date, April 12, 1997, it is the Mandate of the Religion of Jesus Church that all
members of the Church are required to use Cannabis spp. (marijuana) as the sacrament of Divine Communion for
daily meditation and worship and on special occasions such as, but not limited to, April 7 s, April 9'h, August 10's,
August 219"".
The dates refer to the crucifixion 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 Urantia 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 Marin, Calif., when his
students gave him marijuana in 1967.
Until the he was an atheist. "Marijuana helped me find God." 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 charges:
Shields noted that his church now requires him to use marijuana, even though he is on probation for one year.
Honolulu Star Bulletin
Front Page
April 15, 1997
Religious use of pot is upheld
Federal appeals court ruling favors Rastafari believers
SAN FRANSISCO - Citing the 1993 Religious Freedom Restoration Act, a federal appeals court has ruled that
Rastafarians can use their religious use of marijuana as a defense against possession charges.
The RFRA, as the law is known, was passed in response to a 1990 Supreme Court ruling that allowed a peyote
prosecution despite a claim that using the drug was central to a Native American religion.
The law requires the government to prove a compelling justification for any prosecution for any prosecution that
substantially burdens the defendant's exercise of religion.
Rastafarianism, which originated in Jamaica, considers marijuana to be a religious sacrament that brings believers
closer to divinity and enhances their spiritual unity.
On Friday, the 9" U.S. Circuit Court of Appeals cited the RFRA in overturning three marijuana-possession
convictions in Montana because the judge had barred evidence of the defendants' religious views.
The court, however, upheld the convictions and prison sentences of seven defendants on drug trafficking and
related charges.
The possession charges were a small part of a case against members of an organization accused of conspiring to
import thousands of pounds of marijuana from Mexico to Billings, Mont., for a decade. The alleged leader,
Cameron Best, convicted of operating a continuing criminal enterprise, was sentenced to 35 years In prison In 1994,
a sentence left in tact by the court.
Legally, however, the ruling was significant for it's overturning of a drug conviction based on the 1993 law,
which strengthened defenses-against criminal prosecutions that interfere with religious practices.
The court did not cite any previous appellate decision that had used the RFRA to reverse a drug conviction, and a
lawyer who has been a longtime advocate of liberalizing drug laws said he was unaware of any such ruling.
"This Is a legitimate religious Issue for Rastafarians," said attorney Kevin Zeese, leader of a Washington, D.C.-
based organization called Common Sense for Drug Policy. "They can't reach an appropriate religious state without
ganja (marijuana). It's like taking the wine out of the Catholic Church.
"It's a foreign concept to many people in the United States, but it's a legitimate religious need, and I'm glad to
see the 9'` Circuit finding a way to recognize it."
Assistant U.S. Attorney James Seykora declined comment on the ruling.
The law was signed by President Clinton during the Montana trial in November 1993 and was cited by three
defendants - Calvin Treiber, Dawn Meeks and Lexi Bauer - in seeking dismissal of marijuana possession charges.
U.S. District Judge Jack Shanstrom found that the law against marijuana substantially burdened the Rastafarian
religion but batted evidence of the defendants' religious purposes and upbeld the convictions. He cited earlier
rulings that said the government has an overriding interest in regulating marijuana.
But the appeals court said RFRA requires the prosecution to show that the goveruiiient has a compelling interest
not only in regulating marijuana, but also in prosecuting these particular defendants for possession of the drug.
Since no such proof was offered, and the evidence of religious practices was barred, the convictions must be
reversed, the court said.
The court said the three defendants could be retried and required to show that they are Rastafarians who
possessed the drug for religious purposed. Because the reversals do not affect the defendants' sentences, a retrial is
unlikely, but the ruling could be used in future drug cases in the nice Western states covered by the court, including
Hawaii.
The religious defense does not apply to the more serious drug charges such as conspiracy to distribute, said the
opinion by Judge John Noonan. "Nothing before us suggest that Rastafarianism would require this conduct," he
said.
Hawaii Tribune-Herald
Sunday, February 4, 1996
IX. RELIGIOUS USE OF MARIJUANA
A. An officer 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
_mo-off,
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
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