Rules shield
registered pot growers

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By Rod Thompson
rthompson@starbulletin.com

HILO >> Big Island police who see marijuana possession or cultivation would have to check if a suspect is a medical marijuana user before making a search or arrest under proposed county rules.

The rules would put into effect at the county level a state law passed last year that says a person with a state medical marijuana registry certificate can have three mature marijuana plants, four immature plants and three ounces of processed marijuana. Police will hold a public hearing on the proposals before an administrative decision to implement them, police Capt. James Day said.

The Hawaii County proposal would require an officer making a "stop" or "encounter" to check for the registry certificate or to check whether a location is a medical marijuana growing site registered with the state Department of Public Safety.

Police should not seek a search warrant if the Department of Public Safety confirms a person or location is registered, the proposal says.

Eradication missions should not be directed at locations that are properly registered, it says.

In practical terms, Day said, police are not looking for seven marijuana plants. A helicopter reconnaissance flight seeing seven plants at a home would note the site but would continue looking for larger amounts, he said.

But if seven plants were at a house and trails led to more plants, the total would exceed seven and the site would be in violation, even if the owner had medical registration, he said.

The Hawaii County Council also ordered police to find a way to provide seized marijuana to medical users. The attorney general is still reviewing how to do that, Day said.

A separate proposed rule, called for by the County Council, would require reconnaissance flights to remain at least 1,000 feet above homes and livestock, instead of the current 500 feet.

Flights could still go as low as 500 feet to avoid tour helicopters and to confirm a growing site. Eradication personnel could go lower still, provided they stayed 500 feet away from homes and livestock.

The rule means spotting pot will be harder but officers will become more skilled, Day said.