What if I was arrested for possessing a small amount of cannabis material or for a few plants prior to November 5 when the law was passed? Does this ordinance help me?
The simple answer to this question is that it should apply to your case. Under the ordinance in Section 6 the Prosecution department (Office of The Prosecuting Attorney) is requested to comply with the Lowest Law Enforcement Priority of Cannabis. Council are specifically directed in Section 14-101. The ordinance specifically spells out that “…neither the County Prosecuting Attorney nor any attorney prosecuting on behalf of the County of Hawaii shall prosecute for any possession or cultivation of Cannabis in a manner inconsistent with the Lowest Law Enforcement Priority” It further says that the Prosecution of Hawaii County shall recognize that “… in cases where the amount possessed or grown is less than 24 (twenty four) plants or the dried equivalent, possession for adult personal use shall be presumed…”The guidelines are very clear that our County Prosecution may not continue to prosecute cases involving ‘adult personal use’. If you are currently being prosecuted for a case that would
