HomeMy WebLinkAboutCOM 0446.002 2008-2010
Page 1 of 1
PZ
Murashige, Laura coy P ~e P
From: Daniel Gluck [Dgluck@acluhawaii.org]
Sent: Monday, October 05, 2009 11:54 AM
To: counciltestimony@co.hawaii.hi.us
Subject: Testimony for 10.6.09 Committee on Public Safety Hearing - 4461
Attachments: ACLU Testimony Re Marijuana Eradication Update.pdf
Please see attached testimony for tomorrow's Committee meeting. I apologize that I will be unable to testify in
person.
Thank you very much,
Dan
CA=
Daniel M. Gluck ca
Senior Staff Attorney C: 7-1
ACLU of Hawaii .Z.,; r,171,
P.O. Box 3410 cn
Honolulu, HI 96801
(808) 522-5908 (phone) " .
(808) 522-5909 (fax) 17"1
duck acluhawaii.org. r v,a.
http://www.acluhawaii.org, "f c-a
This message contains information that may be confidential and privileged. Unless you are the intended addressee (or
authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or any information
contained in the message. If you have received the message in error, please advise me immediately by reply e-mail and/or
phone (808-522-5908) and delete the message. Thank you very much.
Information from ESET NOD32 Antivirus, version of virus signature database 4482
(20091005)
The message was checked by ESET NOD32 Antivirus.
http://www.eset.com
Comm. N% oti
Ref. To: rLf-
Ref. Dote QrT 0 6 0(09
10/5/2009
t ~ Il, I i
11 11,0
MI ~i
Via e-mail: counciltestimony@co.hawaii.hi.us
Hearing Date/Time: Tuesday, October 6, 2009, 1:00 p.m.
Place: Sheraton Keauhou Bay Resort and Spa
78-128 Ehukai Street, Kailua-Kona, Hawaii
Re: Testimony of the ACLU of Hawaii Retarding Comm 4461: Mari'uI ana
Eradication Resort. or August 2009
Dear Members of the Committee on Public Safety and Parks and Recreation:
We have received numerous complaints from Big Island residents about frequent,
invasive, and lengthy fly-overs by government helicopters involved in marijuana eradication
efforts. We are particularly concerned that the Hawaii County Police Department ("HCPD") is
violating individuals' privacy under Article I, § 6 of the Hawaii Constitution, along with the
Lowest Law Enforcement Priority of Cannabis Ordinance passed last year, and that HCPD may
also be violating state law by targeting medical marijuana patients during these "marijuana
eradication" efforts.
First and foremost, these flyovers are extraordinarily invasive for law-abiding Big Island
residents. The ACLU has received numerous reports of frequent fly-overs involving two or three
helicopters; these helicopters routinely hover over individuals' homes for over forty minutes at a
distance of only 50 to 100 feet off the ground. In one day in March, for example, HCPD and
Drug Enforcement Agency (DEA) helicopters flew over one resident's home four times, landed
in his neighbor's yard, and spent well over an hour hovering just a few dozen feet above his
home. This patient was raided by the DEA and HCPD in September 2008, despite full
compliance with Hawaii's medical marijuana laws. During that raid, government officials
refused to show identification and failed to produce a warrant. They have not produced a
warrant to this date, despite breaking a fence to gain entry to the property. They seized his
marijuana and, as a result, his health has suffered enormously. These actions by HCPD are
simply unacceptable: this particular resident is a seriously ill medical marijuana patient, and the
fly-overs cause him extraordinary distress which he fears may lead to a heart attack or a seizure.
His poor health simply cannot take the level of harassment and strain brought on by HCPD.
Second, Hawaii voters have already spoken on this issue: they have prohibited HCPD
from spending any resources on these types of marijuana eradication program. Such a blatant
disregard of voters' wishes is unlawful, and Council Members may soon face litigation to
compel them to comply with the law should they decline to do so voluntarily.
American Civil Liberties Union of Hawai'i
P.O. Box 3410
Honolulu, Hawaii 96801
T: 808.522-5900
F: 808.522-5909
E: office@acluhawaii.org
www.acluhawaii.org
Hawaii County Council, Committee on
Public Safety and Parks & Recreation
October 6, 2009
Page 2 of 2
Third, inasmuch as these flyovers seem to target medical marijuana patients, the Attorney
General of the United States has already indicated that such actions are improper. On March 18,
2009, Attorney General Holder confirmed that the Department of Justice would not target
medical marijuana patients who are in compliance with state law. Specifically, he stated that
"[t]he policy is to go after those people who violate both federal and state law" and that "our
focus will be on people, organizations that are growing, cultivating substantial amounts of
marijuana and doing so in a way that's inconsistent with federal and state law."1
In sum, we hope and expect that this Committee will take a. hard look at these so-called
"marijuana eradication" missions: these missions contravene the voters' express wishes on
expenditures of public funds; they represent bad public policy, in that they target seriously ill
patients and waste taxpayer resources; and they may expose the County to liability as a result.
The mission of the ACLU of Hawaii is to protect the fundamental freedoms enshrined in
the U.S. and State Constitutions. The ACLU of Hawaii fulfills this through legislative, litigation,
and public education programs statewide. The ACLU of Hawaii is a non-partisan and private
non-profit organization that provides its services at no cost to the public and does not accept
government funds. The ACLU of Hawaii has been serving Hawaii for over 40 years.
Thank you for this opportunity to testify.
Sincerely,
<_~2-
Daniel M. Gluck
Senior Staff Attorney
ACLU of Hawaii
Associated Press, Attorney General Signals Shift In Marijuana Policy, NPR.org, March 18, 2009 (available at
http://www.npr.org/templates/story/story.php?storyld=102068538); see also David Johnston and Neil A. Lewis,
Obama Administration to Stop Raids on Medical Marjuana Dispensers, N.Y. Times, March 19, 2009 (available at
http://www.nytimes.com/2009/03/19/us/19holder.html?scp=1 &sq=holder%20marijuana&st=cse).
American Civil Liberties Union of Hawai'i
P.O. Box 3410
Honolulu, Hawai'i 96801
T: 808.522-5900
F: 808.522-5909
E: office@acluhawaii.org
www.acluhawaii.org