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HomeMy WebLinkAboutCOM 0639.002 2008-2010 Hawaii County Council Testimony December 16, 2009 Committee on Public Works and Intergovernmental Relations Comm. 639 (Res 281-009) Resolution to Encourage the Decriminalization of Marijuana Good afternoon Council chair and members. Thank you for this opportunity to speak to you. My name is Matthew Rifkin and I am a member of the Board of Peaceful Sky Alliance. We are pleased that Councilman Kelly Greenwell has proposed this resolution, we applaud his response to an issue that is important to this island and we appreciate the leadership he is showing. This resolution has as its primary focus, the importance of addressing the need to decriminalize marijuana and in so doing, addresses the problem of crime that is associated with the prohibition of substances. This resolution can be seen as a reflection of the general mood across the country and it recognizes that criminal penalties for the 'Adult Personal Use' of Cannabis are inappropriate and unconstitutional. Removing the penalties associated for the use of Cannabis is long overdue. We believe this is a very positive resolution you are proposing, so thank you Councilman Greenwell. We would like to bring your attention to the following points: 1. We would propose removing from the resolution the wording about marijuana being "considered most compatible with healthy social activity" as that is a very broad statement that is sure to be problematic. Findings published in this ordinance state that the main cause of the'ICE' Epidemic that Hawaii has seen since 1987 was the Marijuana Eradication program. We propose that specific wording be added that includes these findings in your resolution and we would assist you to include these findings in another revision. 2. In the resolution Mr. Greenwell you, "declare that marijuana is not to be considered an illegal substance on the island of Hawaii." You also petition the State legislature to "declare the use/possession of marijuana is not illegal in the State of Hawaii." We would go further and suggest that your resolution could be clearer by petitioning the Legislature as follows: • Remove marijuana (Cannabis) from the category "detrimental drug" in HRS §712.1240 Comm No. C~ 3~• 2 Ref. To: W Ref. Data DEC 1 5 2ffl9 • Remove marijuana (Cannabis) from the category "detrimental drug" in HRS §712.1240 • Amend HRS §329-1, (definitions "drug") as follows: Cannabis (marijuana) is not a drug. • Delete 329-14 (d) thereby removing marijuana from Hawaii's "Schedule 1." 3. Our Corporation Counsel, the Chief of Police and the Prosecuting Attorney have each testified that the reason for not yet implementing the Lowest Law Enforcement Priority of Cannabis Ordinance is because Cannabis is still "illegal at the State and Federal level." This non- compliance has to do with their failure to recognize certain principles of 'home ru/e'enshrined in our U.S. Constitution and that the Tenth Amendment, prohibits the federal government from impressing "into its service- and at no cost to itself - the police of the 50 states. " Mr. Greenwell, your resolution to the State Legislature must address this specific prob. M. Our own Police Department is not in compliance with our County law, citing 'higher' laws that they supposedly owe greater allegiance to. We propose specific amendments to the resolution that address this in an attached document. We propose that the following words be added (or similar to the effect of): Whereas Be it further Resolved that the Council of the County of Hawai'i petition the State Legislature to demand that all rights granted by the Tenth Ammendment to the States of the Union be reserved with regard to establishing policy for Cannabis use within the State of Hawaii. 4. Mr. Greenwell, while you address the matter of 'deed minalizati on' for'use' of Cannabis other aspects, such as the Black Market and cultivation, are not addressed. Penalties for production and distribution must be modified or reduced in order to see genuine reform. 5. The Board of Peaceful Sky Alliance would like to Council to address the fact that there are still no specific grievance procedures in place for violations to Lowest Law Enforcement Priority of Cannabis Ordinance which is required by law. Also, the department of the Prosecuting Attorney and the Police Department remain out of compliance and this needs to be addressed. Mr. Greenwell, you have our full support for your excellent efforts to improve current 'drug policy' at the State and Federal level, that continues to make criminals out of otherwise law abiding adults in Hawaii County. We have recommended some specific revisions for your consideration, but we fully support your efforts to shine light on these much needed reforms. A RESOLUTION TO ENCOURAGE THE DECRIMINALIZATION OF THE USE OF MARIJUANA. WHEREAS, a significant majority of the votes cast in the last election (2008) supported a relaxation of marijuana control laws; and WHEREAS, virtually all public testimony before this Council validates this attitude; and WHEREAS, there remains a general community concern over the use of all mind-altering substances; and WHEREAS, recent criminal activity involving illegal drugs nationally has reached terrifying proportions; and WHEREAS, this trend is intensifying as organized crime acquires a stronger influence over the market; and WHEREAS, the market price of illegal drugs is based on controlled availability/cost; and WHEREAS, this market is increasing largely as a result of higher profits; and WHEREAS, marijuana is considered to be associated with these drugs; and WHEREAS, the decriminalization of marijuana would dramatically affect the market by providing a virtually cost free alternative to drugs; and WHEREAS, one of the accepted solutions for illegal drug distribution is centered on the dissolution of the market for drugs; and WHEREAS, decriminalizing marijuana is then the obvious first step toward a decline in the market value of drugs; and WHEREAS, marijuana has never been shown to exhibit the harmful qualities associated with most other drugs, including tobacco and alcohol; and fivi y; now, thefef m, (we recommend removing this item) BE IT RESOLVED THAT THE COUNCIL OF THE COUNTY OF HAWAII declare that marijuana is not to be considered an illegal substance on the Island of Hawaii . BE IT FURTHER RESOLVED THAT THE COUNCIL OF THE COUNTY OF HAWAII petition the State legislature to declare that the use/possession of marijuana is not illegal in the State of Hawaii. BE IT FURTHER RESOLVED THAT THE COUNCIL OF THE COUNTY OF HAWAII petition the State legislature to remove marijuana (Cannabis) from the category "detrimental drug" in HRS &712.1240 BE IT FURTHER RESOLVED THAT THE COUNCIL OF THE COUNTY OF HAWAII petition the State legislature to amend HRS §329-1, (definitions "drug") as follows: Cannabis (marijuana) is not a drug. BE IT FURTHER RESOLVED THAT THE COUNCIL OF THE COUNTY OF HAWAII petition the State legislature Delete 329-14 (d) thereby removing marijuana from Hawaii's "Schedule 1." BE IT FURTHER RESOLVED THAT THE COUNCIL OF THE COUNTY OF HAWAII petition the State Legislature to demand that all rights granted by the Tenth Amendment to the Constitution of the United States be reserved by the State of Hawai'I with regard to establishing policy for Cannabis use and decriminalizing cannabis within the State of Hawaii BE IT FURTHER RESOLVED this process begin within 30 days of approval of this resolution. BE IT FINALLY RESOLVED that the County Clerk shall forward copies of this resolution to the Honorable Mayor William Kenoi, the Office of the Prosecuting Attorney, the Police Chief of the Hawaii County Police Department, and the Peaceful Sky Alliance. 12/15/.2009 AlterNet: Former Police Chief Norm Sta... ,Ater. Former Police Chief Norm Stamper: 'Let's Not Stop at Marijuana Legalization' By Norm Stamper, AlterNet Posted on December 14, 2009, Printed on December 15, 2009 http://www.alternet.org/story/144573/ These days, it seems like everyone is taking-in-earnest about marijuana legalization, once dismissed as little more than a Cheech and Chong pipe dream. Indeed, a new poll reveals that 53 percent of Americans now support ending marijuana prohibition. Bolstered by increasing public support for something once considered to be a political third rail, lawmakers from Rhode Island to Washin on State have put the issue on the table for consideration. And citizen initiatives (particularly in California) are cropping up faster than ditch weed. These are welcome developments to a retired police chief like me who oversaw the arrests of countless people for marijuana and other drugs, but saw no positive impact from all the blood, sweat and tears (and money) put into the effort. Soon, it seems, cops may no longer have to waste time and risk lives enforcing pot laws that don't actually prevent anyone from using marijuana. Yet, I'm alarmed that the above-mentioned poll showing majority support for marijuana legalization also found that fewer than one in 10 people agree that it's time to end the prohibition of other drugs. This no doubt makes sense to some readers at first glance, since more people are familiar with marijuana than other drugs like cocaine, heroin or meth. However, even a cursory study of our drug war policies will reveal that legalizing pot but not other drugs will leave huge social harms unresolved. Legalizing marijuana only will not: • Stop gangs from selling other drugs to our kids (since illegal drug dealers rarely check for ID); • Stop drug dealers from brutally murdering rival traffickers for the purpose of controlling the remaining criminal market for other drugs; • Stop drug dealers from firing on cops charged with fighting the senseless war on other illicit drugs; • Stop drug dealers from killing kids caught in crossfire and drive-by shootings; alternet.org/module/printversion/144573 112 12/Jp5/.2009 AlterNet: Former Police Chief Norm Sta... • Stop overdose deaths of drug users who refrain from calling 911 out of fear of legal repercussions; • Reduce the spread of infectious diseases like AIDS and hepatitis, since marijuana users don't inject their drug like heroin users (who sometimes share dirty needles and syringes because prohibition makes it hard to secure clean ones); • Stop the bloody cartel battles in Mexico that are rapidly expanding over the border into the U.S; • Stop the Tahban from raking in massive profits from illegal opium cultivation in Afghanistan. Of course, none of this means that our rapidly growing marijuana legalization movement r should slow down. On the contrary, as the polls show, a majority of Americans understand that legalizing marijuana will produce many benefits. No longer will 800,000 people a year be arrested on pot charges, their lives damaged if not ruined; governments will be able to tax the popular commodity; regulation and revenues will help forge and finance effective programs of drug abuse prevention and treatment; and those vicious cartels will lose as much as half their illicit profits when they can no longer sell marijuana. Further, once people get used to the idea of allowing legal sales of the previously banned drug we'll be able to point to successful regulation as a model for similar treatment of all other currently illicit substances. Marijuana legalization is a great step in the direction of sane and sensible drug policy. But we reformers must remember that we're working to legalize drugs not because we think they are safe, but because prohibition is far more dangerous to users and nonusers alike. Norm Stamper, a member of Law Enforcement Against Prohibition, is a 34 year police veteran and served as Seattle's chief of police from 1994-2000. He is the author of 'Breaking Rank: A Top Cop's Expose of the Dark Side of American Policing' © 2009 Independent Media Institute. All rights reserved. Viewthis story online at: http://wwwalternet.org/story/144573/ alternet.org/module/printversion/144573 212