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Home My WebLink AboutCOM 0093.003 1998-2000 Jill ill 642 /v\ <.. BILL OF RIGHTg' }, , ..: -. . 7 e - ...?..; •(: so forth. I lost my right to privacy, and I feel''it.• I like'anon y mi ty--an ` ' =x� °' '"' very unfair to characterize this amendment as 'a to destroy the right I mepn that. It ht to privacy. -` ? ?. What I'm really getting at is that,this prbpdsal isvery ` dec ep t i vely worded. As you -...: ; ; . heard, one speaker already indicated that reason for introducing an a mendment, -- ' - - - 'y like this was so that marijuana could be grown, could bevuse else. The Jan— I guage is deceptive; it doesn't really speak to(wh'at'is, intended'1:'We hear talk about be • _,. ,;r;. •.;; ; able to go skinny - dipping; this is already Qovered in the statutes. We talk about mailing.;- lists, hairstyles.... I would point out that this report already refers to a Federal Priv i., ;, - Act of 1974, and there's no reason why the legislature couldn't implement something 9 : , "- 1 i I this regard, if there are in fact concerns about mailing lists. g - ` �` - I In terms of what this particular provision will do, I will restate: it will not help �-rti 1 the law- abiding citizen any more than he is being helped today. I ask how many of you i have read Standing Committee Report No. 55 from 1968, wherein it indicates that the rea- . son for putting in the phrase "invasions of privacy," in Section 5 was "to insure 'man's i I i individuality and human dignity." It's a very simple phrase that was put in in 1968, 1 and yet it is a very powerful one. It is there; it is there now. And the legislature can act on that now. So what is the reason for this particular proposal as it is right now? 1 I'm glad that you heard the responses of some delegates as to some of the reasons they I' are for this, because they are precisely the reasons that I'm concerned about it. It will make law enforcement a lot harder. I ; For example, I wonder how many of you are aware of the amount of drug.traffic that kECENED -' . goes through the State of Hawaii. Hawaii is the drug center of the Pacific. Honolulu, i ; Eahaina, Kona, Hilo- -there is a tremendous amount of drug traffic--and I don't mean small dr'•gn. I mean hard drugs. I'm getting a reaction somewhere so maybe somebody knows / 7 fl about this. x't , .. CHAIRMAN: Delegate Tam, the Chair just wants to remind you that you have one Ii' more minute. I DELEGATE TAM: In any case. this proposal as it is put forth will not increase 1 ; anybody's right to privacy as far as the law- abiding. It will help the nonlaw- abiding; j i and one area especially is the area of drugs- -hard drugs. It is tremendously difficult _ "1 to enforce the laws now. Many cases are being thrown out by the judges because of in- S f vasions of privacy, unreasonable searches and seizures. If it's tough now, it's going ` s6:::: s6:::: I i to be tougher with the language of this particular provision. So, Mr. Chairman, as • 1 i - you've indicated that my time has run out, I'll just ask this: I'll not ask for a roll -call - I ! vote, I don't want a division of the house; all I'm asking is that you just vote your con- science. But if you do have any doubts about this provision, then please vote to delete it and leave it the way it is. I might be wrong, but I think it's going to open a bucket I of worms. CHAIRMAN: Thank you, Delegate Tam. Yes, Delegate Hale, do you have a point of information? - DELEGATE HALE: I have a point of personal privilege. 1 CHAIRMAN: State your point. 1 ,... • DELEGATE HALE: The last delegate referred to the fact that one delegate had said that it was introduced to legalize marijuana. That is not what I said. What I said was that I introduced it because the Alaska statute was held to say, in words like this, that it was • perfectly all right to smoke marijuana in the privacy of your own home. CHAIRMAN: Thank you, Delegate Hale. The Chair recognizes Delegate Anae. . ; I I! DELEGATE ANAE: Mr. Chairman, I rise for a point of privilege. I , CHAIRMAN: You may state your point. ij ,I;j DELEGATE ANAE: My reasons for being against the amendment are more far- reach- ; �, ing than marijuana. I want the record to show that. If I may, Mr. Chairman, I'd like to I c . Ne. ` _ 3 __._ 3 -- - PO I- rile Ne. ' Presented Co"Mc..It' Bet -- nm n 2 inoo, 0 Religious and Medical Practitioner of Cannabis Hemp 'GHANA ALOHA I am , a unique human being endowed with personal autonomy and inalienable rights and powers revealed by the Holy Bible and the Declaration of Independence, and secured by the Constitutions of the United States, the State of Hawaii, and the Kingdom of Hawaii. As an adult, my life, liberty, and pursuit of happiness includes the many beneficial uses of the God - given, natural herb, kaneh bosm, or cannabis hemp, also known as marijuana. The personal and private use of cannabis hemp is essential for my religion, and an indispensible food and medicine for my mind and body. (1. Cannabis is becormning known as one of the only treatments for Ultra- violet B radiation from the sun. THC is the plant's natural 'sunscreen' that helps protect its flowers. Humans benefit from using it by avoiding potentially deadly skin cancer. I claim a defense of necessity under the justification clause of US Penal Code Art. III, Sec. 3.01 -02. 2. Hemp seeds are nature's most perfect source of vegetarian protein and essential fatty acids.) The cultivation, possession and use of cannabis is necessary to insure my individuality, human dignity, and precious connection to nature. Cannabis use is deeply rooted in the history of civilization, and particularly in the founding and the development of the United States of America, for canvas, medicine, oil, and more I am free by nature and I claim the cherished right to be left alone, especially in the pnvacy of my mind and body, my possessions, and my own home and garden. a My permit for the use of cannabis hemp, or marijuana, is authorized (among other things) by: 1. The Holy Bible, Genesis 1:29, Exodus 3:2 and 30:1, Ezekiel 34:25 -31, Rev. 22:2. I believe it to be, literally, 'The Holy Herb bearing seed', 'The Burning Bush', 'The Plant of Renown', and 'The Tree of Life' Psalms 104:14 , "He causes the grass to grow for the cattle, and the herb for the service of man." 2. The First, Fourth, Ninth and Fourteenth Amendments to the U. S. Constitution, (written on hemp paper) 3. The 1961 United Nations Single Convention on Narcotic Drugs, Article 28 4. The United Nations Declaration of Human Rights, Article 18 5. President Clinton's Executive Order 12919, Part IX, Sec. 901 (e) of June 1994. 'Food Resource: hemp' 6. The NAFTA Trade Agreement, Article 708, Sec. (b), page 7 -5, HS 53.02. 'Agricultural commodity: hemp' 7. The State of Hawaii Bill of Rights Sec. (2), (4), (6), (7) 8. The Right of Privacy introduced at the Hawai'i Constitutional Convention Sept. 9, 1978. Committee Report 69 page 642 by Helene Hale. "...ft was perfectly all right to smoke marijuana in the privacy of your own home? 9. Hawaii Revised Statutes, H.R.S. 712 - 1240.1, Defense to Promoting. I am 'otherwise authorized by law'. Evidence exists to show that cannabis has been used for human comfort and enjoyment for approximately 12,000 years. It provides the raw material for over 25,000 beneficial products for daily living including food, clothing, shelter, medicine and fuel. Cannabis hemp has more practical uses than any other plant, and creates a sustainable, earth - friendly buffer against an array of human misery. I consider it to be "the plant of renown" mentioned in the Bible to 'take awav all my hungers, and the shame of my orosecutorr.' In my opinion, its widespread use has the best chance of serving the spiritual and material needs of myself, my family and a growing population in Hawai'i. Cannabis hemp sacrament is mandated by my religion for faith- healing, communion, spiritual unity, and my physical wellbeing. In the right set and setting and with the appropriate amount, the time - honored smoking, drinking, and /or eating of cannabis integrates my mind, body and spirit, and helps me ascend the ladder of higher consciousness to feelings of well- being, ecstasy, and joy from within. It reduces stress, and can enhance intuition, artistic ability and creativity. It helps me question established values and authority, and gives me a sense of inner knowledge and feelings of peace. Its use aids in the development of my conscience and my feelings for others. Cannabis hemp cultivation and use is essential for my physical and spiritual well- being. I truly enjoy the free exercise of my religion because TLC + THC = harmony. For these reasons, and more... 1 am a religious and medical practitioner of cannabis hemp. Thank you for respecting all of my human, civil and religious rights and powers, as I respect yours. Aloha. For reference please read: The Emperor Wears No Clothes by Jack Herer The Physical, Psychological, and Spiritual Benefits of Marijuana by Joan Bello Green Gold The Tree of Life, Marijuana in Magic and Religion by Bennett and Osburns "The Fully Informed Jury Amendment ( "Nullity" any bad law by simply voting "Innocent" at trial.)