quote:
Originally posted by Bullwinkle
This being the smoking gun
I did read the initiative... the question is - did Billy
Let’s look at the initative:
(1) Direct the county to make law enforcement related to Cannabis (marijuana) offenses, when the Cannabis is only intended for adult personal use, their lowest law enforcement priority;
This means making it a low priority not prohibiting enforcement of marijuana laws. Low does not mean NO.
(2) Define "adult personal use" to include the use of Cannabis on private property only by persons twenty one years of age or older;
Adult personal use does not mean ALL use, it means exactly what the ordinance says (specifically sets age, use and amount) adult personal use. Everything else is fair game!
(3) Prevent county law enforcement officials from accepting deputization or commissions from a federal law enforcement agency for purposes of investigating, citing, or arresting citizens or searching or seizing their property if doing so is inconsistent with the lowest law enforcement priority of Cannabis ordinance;
Hawaii County didn’t accept any deputization from federal law enforcement. Hawaii County deputized other county law enforcement to work with them. That is not prohibited by the ordinance.
(4) Prohibit the Hawaii County Council from authorizing the acceptance of or issuing funding to be used to investigate, cite, arrest, prosecute, search or seize property from adults when doing so would be inconsistent with the lowest law enforcement priority for Cannabis policy;
This means they can not authorized funds to go after adult personal use. But if they authorized funding for commercial criminal activities or those in excess of what is defined as adult personal use, that is not a violation of the ordinance.
(5) And direct the County Council not to support the acceptance of any funds for the marijuana eradication program
Not to SUPPORT, but it does not say they can’t accept. So long as the County is not actively seeking the funds, they can accept all they want.
AGAIN: EVERYONE READ THE INITATIVE.
Because of the poor writing of this initative, it basically is only an expression of people's desire. Since the States top legal and law enfocement head has issued an opinion that the law did not prohibit law enfocement form engaging in these activities and that its more the people asking the county to not do something IF THEY CAN, there is no provision (except accepting federal deputization) that can be violated. Next step, it will end up in court for a judge to decide if the ordinace will be what was written and voted on, or should it be what the people thought it was even though that's not what they voted for..