HomeMy WebLinkAboutCOM 1019.000 1996-1998
4~JY5+ ~ M9 yb
DONALD IKEDA ALAN S. KONISHI
County Clerk •.,a=;, _ ; Depuhl County Clerk
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CONSTANCE R. KIRIIJ
OFFICE OF THE COUNTY CLERK t1$i~/a Nac AuAihn
County of Hawaii
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii 96720
September 28, 1998
TO: James Y. Arakaki, Chair
and Council Members
FROM: Connie Kiriu
Legislative Auditor
RE: Resolution relating to Special Study
of Police Department's Marijuana Eradication Grants
Over the years, it has been asserted that the Council should withhold funding and not
approve marijuana eradication grants because a mandatory program review of the grants
had not been performed as required by Section 3-16, Hawaii County Charter. The
Council has been advised to the contrary in an opinion dated June 9, 1998, from
Corporation Counsel Richard Wurdeman. He states that a satisfactory program review is
essentially what the Council says it is in Rule 24; that is, part of the annual budget
review.
Nevertheless, the desire for a detailed, separate and distinct investigation of the marijuana
eradication grant programs is still being raised.
To address this call for a detailed, separate and distinct investigation, I am forwarding a
resolution which requests our Office to conduct a special study of the marijuana
eradication program Grants 96-DB-13 and 97-39. Adopting the resolution will express
Council consensus about the scope and objectives of the requested work and will
prioritize your research staff's assignments. While we have begun research on this
matter, a clear delineation of the tasks to be accomplished is necessary for all parties
concerned.
Accordingly, I am submitting a resolution for your consideration that (1) sets forth the
scope and objectives for a special study, (2) directs our Office to conduct the special
study, and (3) requests full cooperation from the Police Department in providing any
requested documents and responses for the special study.
s Na ~Q~q
Blle No.
In preparing this resolution, Fiscal/Program Review Auditor Leslie Chow examined the
transcripts of and written testimony received at 1997 Finance Committee and County
Council meetings. She then categorized the list of issues into logical topic groupings,
which are found in the attached outline dated September 2, 1998. We then proceeded to
evaluate those topics that could be appropriately conducted by this Office as a special
study. Those issues clearly beyond the purview or expertise of this Office were not
included in the scope of the review. This exercise was important in arriving at an
understanding of what can and cannot be expected from this Office.
Hopefully, we have provided you with sufficient information to proceed. Should you
have any questions, please contact me at Extension 8388.
Att. Resolution
Outline of Issue and Concerns
a1
2
September 2, 1998
Statewide Marijuana Eradication Grant
Resolution 94-97
Outline of Issues and Concerns Expressed During
Finance Committee Meetings
held on June 3, 1997 & June 16, 1997
Outline of Issues and Concerns
A. MARIJUANA ERADICATION
1. Has the Eradication Program Been Effective?
2. Have Eradication Grant Funds Been Expended In Compliance With
Grant Terms?
B. ISSUES RELATED TO MARIJUANA ERADICATION
1. Helicopters & Aerial Spraying
2. Drug Policy
a. Should Marijuana Be Legalized?
b. Is the Eradication Program Needed?
c. National Drug Policy
C. PROGRAM REVIEW
1
A. MARIJUANA ERADICATION
1. Has the Eradication Program Been Effective?
No
The program is not working. Marijuana has not been eradicated & recent
surveys have shown that in Hawaii and the mainland, the number of kids using
marijuana has increased steadily over the past three years. (6/16: Krammer-
Coleman p. 20, Miller p. 94, Litchty-Att. H)
Marijuana eradication has had the following unintended social costs:
It diverts police resources away from hard drugs;
1993 and 1994 arrest statistics show that the Police are arresting more
juveniles for marijuana use than for hard drugs and cocaine use;
It has been a factor in leading to the increase in crack and ice use in
Hawaii. They have become affordable, available, and far more
detrimental alternatives to marijuana;
It has resulted in new production techniques (indoors and on public
lands), new products (increased potency & substitution of cocaine and
crack), and new distribution or marketing techniques (use of young
people).
The artificially inflated price of marijuana takes money from families
who need it for basic necessities and out of the local economy.
(6/3: Shields p. 22. 6/16: Wenner p.5 & 10, Kondo p. 53-54, Hammes
p. 57-67 & Att. V, Ruggles p. 85)
Yes
A goal of the program was to deter people who commercially grow marijuana
and set traps in national parks. The program has had a fair amount of success
since the 1980s in enabling people to return to the national parks and public
areas without fear of violence.( 6/16: Todd p. 62, Spohn p. 127-129)
The program has never been intended to wipe out every single marijuana plant
on the island. It has successfully eradicated hundreds of thousands of plants,
reduced the amount of marijuana grown on the island (6/16: Spohn p. 127-129)
Together, law enforcement & treatment, prevention, rehabilitation, and
education programs are making an impact. Drug related problems are
decreasing and communities are safer. (6/16: Lafita p. 26, Jackson p. 78,
Tano p. 110)
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Yes (continued)
Marijuana eradication efforts are not causing the rise in methamphetamine use.
Rise attributed to efficiency of producers of these drugs and its promotion as a
drug of euphoria. Methamphetamine use is increasing across the nation - even
in California which has decriminalized small amounts of marijuana. (6/16:
Tano p. 108)
2. Have Eradication Grant Funds Been Expended In Compliance With
Grant Terms?
No
Marijuana eradication accounts show purchases of pastry, charcoal, paper goods,
coffee and other drinks, ice cubes, an ice chest, tarp, aluminated comparator, car
rental reimbursement for attending steroid enforcement investigation training
seminar in Honolulu, reimbursement for costs to attend public forum on
decriminalizing marijuana, travel expenses to Reno, Sacramento, Maui etc., pot
liners and potting soil, etc. Speaker questioned the appropriateness of many of
these expenditures. (6/16: Robinette p.29-31)
Question
Has there been any independent verification/monitoring of the amount of
marijuana seized and its destruction? (6/16: Wenner p.5)
Police are harvesting less but still spending a lot of money. New contract
indicates that Police got 342,919 plants in 1994. In 1994 Crime in Hawaii
report, police indicated that they got 122,044 plants. (Speaker cited pgs. 8-9 of
a report he submitted.) The numbers don't add up with what they're reporting.
to the state. (6/16: Robinette p.28)
What's the present procedure for finding, manually-cutting, removing and
destroying confiscated cannabis? (6/16: Rothstein p. 71)
What procedures are in place assure that police staff aren't misappropriating
confiscated cannabis? (6/16: Rothstein p. 71)
How much confiscated cash has been turned in as evidence and what procedures
are in place to assure that police staff aren't misappropriating this cash.
(6/16: Rothstein p. 71)
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B. ISSUES RELATED TO MARIJUANA ERADICATION
1. Helicopters & Aerial Spraying
Adverse Effects
Community has experienced adverse effects of aerial spraying. Helicopters
and aerial spraying have killed backyard plants and livestock, compromised
organic farming efforts, put endangered animals at risk, damaged roofs,
caused excessive noise, disturbed peace and quiet, harassed people, caused
health problems, represents a continuing threat to people's health,
contaminates catchment water tank water, invaded people's privacy rights,
and conducted illegal searches. (6/16: Christie p. 17, Baker p.33, Sigler p.
34, Zeissler p. 37, Siracusa p. 40-43, Duggan p. 43-44, Dawn p. 49, Mura p.
52, Reichman p. 67, Gill p. 68-69, Markowitz p. 84, Kern p. 87, Zeeman p.
95, Bailey-Att. F, Lichty-Att. H, Power-Att. L, Vezina-Att. O, Anonymous-
Att. Q, Stransky/Theirs-Att. R, Hiscox-Att. T)
Who is Conducting Aerial Spraying Operations?
Aerial spraying is in the contract but no spraying has been done since 1995.
The Police do not have any intention of spraying at this time. They stopped
spraying because the State started spraying and also stopped spraying in
Hamakua after the sugar plantations closed down. (6/16: Carvalho/Fukui
p. 143)
The DLNR's EIS to spray extends only to public lands under DLNR's
control. There is a natural area reserve under DLNR's control that abuts the
Ocean View subdivision. (6/16: Terlep p. 149)
A small white plane with no numbers on it flies over the island, sometimes
every day, sometimes once a week. Who is flying the plane and what are
they doing? (6/16: Anderson p. 83)
Complaints
Complaint line for helicopter violations that's published in the newspaper
often is the number for the Vice Department - not appropriate oversight.
(6/16: Christie p. 18)
Complaints can be made to the Police Officers, the DLNR, the Prosecutor's
or U.S. Attorney's Offices, the Mayor's Office, the DEA. People who are
aggrieved can also sue the Police Department or the County of Hawaii. The
Legislative Auditor's Office and the County Council also has oversight over
this program. (6/16: Carvalho p. 140-141)
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2. Drug Policy
a. Should Marijuana Be Legalized?
No
Marijuana is an addictive gateway drug that has been known to cause
psychosis, paranoia, trigger suicidal events, and lead to use of harder
drugs. (6/16: Tano p. 107)
Yes
Medical Purposes:
Marijuana is a medical herb, effective in treating certain kinds of
medical conditions. (6/3: Shields p. 19, Lynne p. 43, Evans p. 55. 6/16:
Wenner p.6, Evans p. 45, Shields p. 49, Rothstein p. 72, Kern p. 88,
Rappapot p. 98, Varela p. 99-100, Cheetham p. 102)
Religious Purposes:
Marijuana is a part of some individual's religious practices. (6/3:
Shields p. 20, Rappapot p. 66-67. 6/16: Adler p. 21-22, Rappopot p. 99)
Industrial Hemp:
Growing industrial hemp should be legalized, commercial cultivation
should be examined, there is little risk of hemp seeds growing wild.
(6/16: Rothstein p. 71, Thielen p. 79, Miller p. 95, Att. Al)
Privacy Right:
The State Constitution , article 1, section 6, provides that persons have a
right to privacy in their own homes. This privacy right provides for
persons to have a right to smoke marijuana in their own homes. (6/16:
Shields p. 48)
In General:
Marijuana should be decriminalized. (6/3: Lynne p. 42-43. 6/16:
Thielen p. 80, Anderson p. 82, Ritter p. 92)
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b. Is the Eradication Program Needed?
No
There are no positive effects from the program but there are a lot of
negative effects, including enormous social costs. (6/3: Christie p. 4.
6/16: Wenner p. 4)
Marijuana eradication funds should be used for other purposes:
education; recycling programs; human resource programs such as
domestic violence programs; community gardens; crime prevention.
(6/16: Krammer-Coleman p. 20, Meeks p. 83, Markowitz p. 84, Kern p.
88, Tubero p. 91, Miller p. 94, Bush p. 97, Varela p. 101)
Yes
Marijuana from Hawaii is prized as a premium product that sells for
more money than Colombian marijuana. The majority of marijuana is
grown on the island of Hawaii. (6/16: Payton p. 118, Tano p. 109)
Growth in narcotics, drug trafficking, manufacturing or distribution are
accompanied by an increase in crime - violent and organized.
(6/16: Payton p. 115 & 118, Spohn p. 129, Hanson-Att. S)
Due to marijuana growing, major sections of the national park had
become unavailable for use by the general public and dangerous for park
personnel to enter. Stopping eradication efforts will encourage more
wilderness growing. (6/16: Payton p. 116, Spohn p. 129 & 133)
The booby traps, armed guards and armed growers that accompany
commercial marijuana growing are a threat to kids playing, farmers,
people who want to use public areas like the national park, and park
personnel. (6/16: Payton p. 116, Johnston-Att. G , Henderson-Att. M,
Jackson-Att. X)
Substance abuse is a threat and a burden to society.
(6/16: Wakida-Att. Z)
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c. National Drug Policy
Consideration of a move away from a single/national drug policy toward
implementation of state policies was suggested. We need a rational
policy which minimizes total drug usage, not just pushes people out of
one drug which may be safer medically than a lot of drugs that people
are being pushed towards. (6/16: Hammes p. 60, 64)
The nation's drug policy has failed. `The war on drugs is causing far,
far, more destruction than the use of illicit drugs.' A "middle road"
involving not total decriminalization, not total criminalization - "harm
reduction" should be considered (6/16: Dom p. 11, 12)
C. PROGRAM REVIEW
Concerns include: County Charter mandates a program review of this program,
a review is merited, continued operation of the program without a program
review is illegal. (6/3: Christie p. 7, Anderson p. 34, Adler p. 36. 6/16:
Wenner p. 4, Christie p. 18, Adler p. 22-23, Siracusa p. 42-43, Ritter p. 91,
Rothstein p. 70-71 & Att. W, Lichty-Att. A4)
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