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The Honolulu Advertiser
Updated at 3:32 p.m., Sunday, November 30, 2008

Prosecutor says Big Island weed law still invalid

Associated Press

Hawai'i County Prosecuting Attorney Jay Kimura says he has consulted with state Attorney General Mark Bennett and remains convinced that a new marijuana ordinance is unenforceable.

The new law makes personal use of marijuana the lowest priority for local police.

But Kimura says state law pre-empts the ordinance, and that police are bound by the state constitution and cannot ignore violations of state statutes.

He also says the provision in the Peaceful Sky Initiative directing the council to decline state and federal money for marijuana eradication appears valid.

Police Chief Lawrence Mahuna earlier has already said there would be no change in police priorities.

Hawai'i County voters passed the ordinance Nov. 4 by a margin of nearly 10,000 votes.

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Information from: Hawaii Tribune-Herald, www.hilohawaiitribune.com