By Hugh Clark
Advertiser Big Island Bureau
HILO, Hawai‘i — The Hawai‘i County Council's acceptance yesterday of a $160,377 federal drug enforcement grant means police can resume helicopter raids on Big Island marijuana patches with some new restrictions in place.
A compromise resolution drafted by Councilman Gary Safarik of Puna and Vice Chairman Curtis Tyler III of Kailua-Kona, with help from marijuana advocate Dwight Kondo, requires police helicopters to maintain an altitude of at least 1,000 feet, requires officers rappelling from choppers to land at least 500 feet from homes, and bans herbicide spraying.
The resolution also requires police to turn over the highest grade of the marijuana they confiscate to state health officials for use by those holding medical marijuana permits.
Police Capt. James Day said he believes police can work under the new rules.
The helicopter raids were grounded last summer when the council refused to accept a $265,000 federal grant after members were unable to be insured against a threatened impeachment action by pro-marijuana forces.
Council members had to spend their personal funds in a 1999 impeachment action initiated by marijuana advocates since the county charter bans the use of public monies in such legal cases.
Julia Jacobson of Puna and Nancy Pisicchio of South Kona were the only two members on the nine-member council yesterday to vote against the grant acceptance.
Council Chairman Jimmy Arakaki had to leave to catch a flight before a vote was taken.
The two councilwomen praised the new restrictions as marked improvements in police procedures, but said they continue to oppose the raids on general principles.
They think police should be shifting their attention to attacking the crystal methamphetamine, or "ice," problem.
The pro-marijuana lobby led by Kondo, Dennis Shields, Roger Christie, Jonathan Adler and others wanted to limit raids to target growers with seven or more plants.
That proposal failed, despite an amendment offered by Jacobson.
The new rules also will require the police department to write rules and regulations covering their raids and to submit written reports after each operation on the number of plants taken, the location, and any complaints and how they were resolved.
Most of those voting for the compromise described it as a balance between ridding the island of unwanted commercial marijuana operations and respecting the rights of those who use it for medical or religious purposes.
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