HOUSE OF REPRESENTATIVES	H.C.R. NO.	316
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

requesting the COUNTY POLICE chiefs and the director of public safety to adopt a policy making marijuana possession offenses by medical marijuana patients the lowest priority for investigation and arrest.

     WHEREAS, Hawaii amended its constitution in 1978 to add Article I, Section 6, recognizing a right to privacy that shall not be infringed without the showing of a compelling state interest; and

     WHEREAS, Hawaii Supreme Court Justice Steven H. Levinson wrote in State v. Mallan, 86 Haw. 440, 950 P.2d 178 (1998) that, in light of Article I, Section 6, and previous decisions of the Hawaii Supreme Court, the police power of the State does not extend to criminalizing mere possession of marijuana for personal use; and

     WHEREAS, the Legislature authorized the creation of a medical marijuana program under part IX, chapter 329, Hawaii Revised Statutes; and

     WHEREAS, Hawaii has other serious crime problems involving violence and dangerous, addictive drugs; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, the Senate concurring, that the Director of Public Safety and the Chiefs of Police of the four counties are requested to adopt a policy making marijuana possession offenses by medical marijuana patients the lowest priority for investigation and arrest; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Public Safety and the Chief of Police of each county.

OFFERED BY:

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Report Title: 

Marijuana Offenses; Investigation Priority