|
Cannabis Campaigners' Guide News Database result:
|
|
US HI: Rules Call For Documenting Religious Aspect Of Pot Use
ccguide Friday 30 Nov 2001 Pubdate: Wed, 28 Nov 2001 Source: Hawaii-Tribune Herald (HI) Copyright: 2001 Hawaii Tribune Herald Contact: Website: http://www.hilohawaiitribune.com/ Details: http://www.mapinc.org/media/185 Author: Chris Loos, Tribune-Herald RULES CALL FOR DOCUMENTING RELIGIOUS ASPECT OF POT USE Proposed Police Department rules have been expanded to cover investigations of religious use of marijuana - but the provisions aren't what marijuana advocates wanted. The proposed rules say it will be up to the courts - and not the police - to decide whether a suspect's "claimed religion" qualifies him to use marijuana legally. Under the rules, police would still arrest the person claiming a religious exemption but the arresting officer would be required to document the defendant's religious claims and include them in a police report. "Marijuana is against the law," said Capt. James Day. "We have to enforce the law. If the Legislature changes the law then we do what the law says." Kona resident Dennis Shields and Puna resident Jonathan Adler have used religious defenses in court against marijuana charges, contending that it is a sacrament in the Religion of Jesus Church. Shields lost his case and Adler's, which ended in a mistrial, is scheduled to be heard again in January. Both men say they're unhappy with the language in the Police Department's new proposed rules. "We really do not find the rules acceptable unless they recognize registered religious use," said Adler, who has announced plans to seek the Green Party's nomination for governor. "Our activities remain legal whether the police recognize them or not." Shields says the state can't take away his religious freedom without passing a constitutional amendment. "The fact that there is no amendment prohibiting the religious use of cannabis means that any rule or regulation is unconstitutional on its face," Shields said. The Hawaii County Council in March voted to accept a federal grant that pays for marijuana eradication. The council imposed several conditions, however, including that the Police Department make provisions for marijuana use that may be protected by law or the Constitution. Earlier this year, police presented a draft of rules requiring that before they arrest someone for marijuana or seize their plants, they check with the Department of Public Safety to determine whether the person is licensed to use marijuana for medical reasons. At a public hearing in June, as many as 80 percent of the speakers asked that police also include religious marijuana in the rules, said Lt. Henry Tavares, head of the Police Department's vice section in Hilo. "It seems as if they want us to recognize their rights but it is a decision for the courts to do," Tavares said. "In essence, what they're asking us to be is judge and jury." The public may obtain copies of the latest draft of the rules and regulations from the Police Department's vice sections in Hilo and Kona or from County Councilman Gary Safarik. Tavares said police will mail a copy to anyone who request it. The public will be able to comment on the rules at a hearing at 10 a.m. Jan. 3 at the Kona police station, 74 - 5221 Queen Kaahumanu Hwy. The public also may comment on the Police Department's proposed rules governing marijuana eradication. The draft reports, set to be released today, also include definitions of terms, as requested by at least one speaker at the last hearing. Roger Christie, who claims a religious exemption for marijuana, said he is encouraged by the religious section in the proposed police rules. "Even though this isn't the end - all decision, this is a positive increment," Christie said. "We're going to have a glorious victory here, I'm sure." - --- MAP posted-by: Keith Brilhart
After you have finished reading this article you can click here to go back.
|
This page was created by the Cannabis Campaigners' Guide.
Feel free to link to this page!