LIHU‘E — Kaua‘i leaders are taking a cautious look at a proposed legislation that would legalize marijuana. Sen. Ronald Kouchi, D-Kaua‘i, Ni‘ihau, said with Thursday’s deadline for filing bills, it is still premature to make any statement on particular legislation.
LIHU‘E — Kaua‘i leaders are taking a cautious look at a proposed legislation that would legalize marijuana.
Sen. Ronald Kouchi, D-Kaua‘i, Ni‘ihau, said with Thursday’s deadline for filing bills, it is still premature to make any statement on particular legislation. He would prefer to review submitted testimony from all interested parties and the public on any proposed marijuana legislation.
“Having said that, it will be instructive to view the interplay between the federal government and the state governments of Washington and Colorado relating to the diverse marijuana laws,” Kouchi said.
Rep. James Tokioka, D-Wailua, Koloa, said he has previously voted against medical marijuana legislation. During this session, he said colleagues have asked him to sign on to legislation that would legalize possession of small amounts of marijuana in the state of Hawai‘i.
“My response to them was that I could not support these measures at this time, but like many other controversial bills, if my district felt overwhelmingly to support these measures, I would reconsider,” Tokioka said.
Kaua‘i legislators have typically gone against the grain in not supporting marijuana legislation. Now, the weight of other states passing legislation and support from legislators on other islands is having sway.
Rep. Derek Kawakami, D-Hanalei, Kapa‘a, said that recent studies in favor of decriminalization have given several states the confidence to reconsider legislation for legalization and taxation of an otherwise illegal industry. The history of prohibition and alcohol is one example of how the market gets flushed underground to the criminal element, he added.
State House Speaker Joseph Souki, D-Waihe‘e, Wailuku, recently introduced the Personal Use of Marijuana Act, a bill to remove adult penalties for private marijuana possession and regulation and taxation for the sale of marijuana. HB 150 allows adults 21 years and older to possess up to one ounce and to cultivate a limited number of plants.
Public marijuana use, driving under the influence of marijuana and use by individuals under the age of 21 would remain illegal in the bill.
Kawakami said Hawai‘i recognizes the medical purpose of marijuana, and that now the discussion is to consider recreational use and growing small amounts, just as Colorado and Washington have and several other states are considering.
“For me to put my name on any bill we will have to have discussion on the impact to the criminal justice system,” Kawakami said.
KPD’s war on drugs
The State Attorney General funded Kaua‘i Police Department with $80,244 in 2011 as part of the Statewide Marijuana Eradication Task Force, a multi-agency and multi-jurisdictional program to eradicate marijuana in Hawai‘i.
The U.S. Department of Justice provided $260,000 in funds to operate the Domestic Cannabis Eradication and Suppression Program to eradicate illegal cultivation of marijuana.
KPD had a total of $1,099,462 in grants for its war on drugs. The Statewide Narcotics Task Force received $101,101 to counter narcotics smuggling, and $109,142 to specifically combat crystal methamphetamine with the High Intensity Drug Trafficking Area (HI-IMPACT) from the Office of National Drug Control Policy.
According to a KPD budget presentation, the Department of Health provided the county with $8,000 to monitor and check compliance with state laws prohibiting tobacco sales to minors. It provided $29,000 to monitor and check compliance with sales of alcohol sales to minors.
The numbers show that extensive money spent on the eradication of marijuana in the state is resulting in the arrests of many first-time non-offenders, Kawakami said. It should be considered that these resources be more focused on the battle against crystal methamphetamine, prescription drug abuse and other related crimes.
Kawakami said any discussion on decriminalization would likely strive for a solution that would allow the government to adequately monitor a marijuana industry. Any merit would be measured by how well marijuana is kept out of the hands of children, he said.
“On the flip side there are social issues,” Kawakami added.
Opponents
Opponents maintain that marijuana is a gateway to harder drugs. Marijuana is second only to alcohol as the most common “first drug” used by teens, if you don’t count cigarettes, according to the Department of Public Safety.
“We need a frank discussion about that and consider that more resources could be spent on meth and cocaine addiction that is really killing people,” Kawakami said. “This is a controversial topic and the discussion has to be made on the benefits and consequences of further legalization and decriminalization.”
Dispensaries
Rep. Dee Morikawa, D-Waimea-Po‘ipu, said she is also waiting to see what pending marijuana bills are coming out. She would consider supporting a marijuana dispensary bill, just as she had two years ago when it failed.
“If that (dispensary) bill comes out, then perhaps there may be support for that, but as far as loosening up the laws (for legalization), I don’t have any opinion on that right now,” Morikawa said.
Unified voice
County Prosecuting Attorney Justin Kollar said he is unclear at this point what bills are moving forward. He said the island prosecutors discuss their positions together early on so to present a unified voice when testifying on bills in debate.
As of now Kollar said he would support changes to the current medical marijuana program. He said it is not working in its current state, for patients, physicians, law enforcement or the Department of Public Safety.
The concern is that marijuana is taking attention away from bills pertaining to other important issues such as victims rights and domestic violence, Kollar said. The issues that aren’t as publicly controversial or popular are just as important in helping a prosecutor’s office function more effectively, he said.
Enforcement
The Kaua‘i Police Department’s Investigative Services Bureau reported that the Vice and Narcotics Section seized more than 37 pounds of processed marijuana and 2,121 plants in 2011. They also seized 4 pounds grams of hashish or hash oil.
This compares to more than 1 pound of crystal methamphetamine “ice,” 11 ounces of cocaine, 1 gram of heroin, 318 tablets of oxycodone pills, 14 tablets of ecstasy and 14.6 grams of mushrooms.
“I think we need to take a real hard look at how we are prioritizing our law enforcement efforts,” Kollar said.
States that decriminalized possession of 1 ounce or less have made it a civil penalty with a fine of $100 or less. Possession of 1 ounce or less is currently a fourth-degree detrimental drug charge in Hawai‘i.
The changes could eliminate reporting marijuana possession on 1 ounce or less as a parole violation or mandate use for treatment of substance abuse. It would also eliminate reporting students caught with 1 ounce or less to the Board of Education.
The American Civil Liberties Union of Hawai‘i recently posted three separate academic studies to show that public opinion was shifting in support of marijuana legalization and with ending the war on drugs. A University of Hawai‘i study sampled approximately 600 residents of Hawai‘i, which included 102 on Kaua‘i.
The poll suggested that 81 percent are in favor or strongly in favor to further decriminalization, with 18 percent opposing or expressing no opinion. The reports resonated with pro-marijuana groups around Hawai‘i, but the reaction of local public safety officials is more focused on maintenance than all-out change.
• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or tlaventure@thegardenisland.com.
