Posted on: Tuesday, July 23, 2002
EDITORIAL
Big Island pot raids look like a stretch
It is not entirely clear why police on the Big Island have cracked down on local residents who hold medical marijuana permits, but the story offered thus far is less than totally convincing.
Police said they raided residents in Kona and Puna on the basis of a complaint.
That would be an adequate reason to investigate whether the permit holders were growing, selling or holding more marijuana than is allowed under the law. But according to the residents, the police went further than that.
Three Kona residents were arrested after a police raid discovered 11 plants instead of the nine they were entitled to have under their state permit. Officers took all 11 plants.
At best, they should have taken just the two extra mature plants rather than the entire collection.
In another case, officers staged a helicopter raid on a 60-year-old Puna man who holds a state permit and took three of his plants. One was returned but it had been cut.
It's clear that the new law allowing individuals to grow and possess a small amount of marijuana for personal medical use with a state permit is an irritant to law enforcement. In other jurisdictions, people have used the medical exception to grow, sell and distribute marijuana for recreational, rather than medical, uses.
And some of that may be happening here.
But like it or not, Hawai'i does have a law that allows people to use marijuana for medical reasons if they meet all the criteria for the state permit.
It is doubtful that police would spend much time raiding the homes of people who take other, legal drugs for their ailments to determine if they have a little more in stock than their prescription calls for.
Big-time marijuana production and distribution are worthy of police attention, although we'd argue the problem is not as serious as the epidemic of crystal methamphetamine use that all islands are enduring.
The plain fact is that Hawai'i has chosen, as a matter of public policy, to let people use marijuana under limited circumstances for medical purposes. Law enforcement will have to accommodate itself to that fact.
