Hawaii: Cannabis Suit : Police And Officials Targeted

[jimbojinx]

Its time for some of us to sue !!!! And make some REAL money !!! Calling ALL Ambulance Chasers !!!!

 

"Eight Puna residents have filed a lawsuit alleging that police, prosecutors and other county officials have failed to abide by the voter initiative making adult personal use of marijuana the "lowest law enforcement priority."

 

The suit was filed Thursday in Hilo Circuit Court. It names Mayor Billy Kenoi, Police Chief Harry Kubojiri, retiring Prosecutor Jay Kimura, Deputy Prosecutors Charlene Iboshi and Mitch Roth, plus all current County Council members and all former members on the panel when the voter initiative was passed into law.

 

The plaintiffs, Michael Doyle Ruggles, the Rev. Nancy Waite Harris, Kenneth Miyamoto-Slaughter, David and Wendy Tatum, George "Greywolf" Klare, Barbara Jean Lang and Robert S. Murray, seek $5 million in punitive damages.

 

 

 

The lawsuit also asks that police and prosecutors "immediately desist investigations, arrests, or prosecutions of any person, or the search and seizure of any property in a manner inconsistent with the Lowest Law Enforcement Priority as defined in ... Hawaii County Code."

 

It also seeks for the council to publish a semi-annual report with statistics on marijuana arrests and prosecutions in Hawaii and for the council to "immediately cease to authorize or accept funds issued for the purposes of investigating, citing, arresting, prosecuting, searching or seizing property, etc., related to cannabis associated offenses."

 

In Nov. 2008, Hawaii County voters chose to make marijuana the lowest law enforcement priority. The ordinance applies to adults in possession of 24 marijuana plants or fewer, or the "dried equivalent" of 24 ounces of marijuana on private property.

 

The suit states that Kimura, who is resigning on April 1, "testified to the Hawaii County Council that he has violated and intends to further violate this law" on Oct. 20, 2009.

 

During an evening hearing, Kimura told council members that state and federal marijuana laws take precedence over the county ordinance.

 

"I would say that the ordinance itself has no effect on the state law," Kimura said then. He told the panel that adults caught in possession of marijuana below the county's legal limit are still prosecuted under state law on the Big Island.

 

At least seven of the eight plaintiffs have been defendants in marijuana criminal cases in Hawaii. Ruggles also filed suit Oct. 28, 2009 against Kenoi, former Mayor Harry Kim, Kimura, Kubojiri, former chief Lawrence Mahuna and former Big Island police officer John Weber, claiming Weber had violated his rights in a marijuana arrest. That suit was dismissed by Hilo Circuit Judge Glenn Hara.

 

Email John Burnett at-jburnett@hawaiitribune-herald.com.

 

Dr. Jinx