[420 Girl]

Police would have to back off from their pursuit of marijuana users and small growers under a Big Island measure on the ballot Nov. 4.

The proposed amendment to county code would make adult personal use of marijuana the lowest priority for law enforcement, and it would prohibit the county from accepting federal money to eradicate the drug on the Big Island.

"There's a really good chance this is going to pass," said Adam Lehman, director of Project Peaceful Sky, which takes its name from the low-flying helicopters used in marijuana eradication. "If people read the details and really look at what this is, they'll support it."

The measure got on the ballot when the County Council approved it by a 5-4 vote in August following Project Peaceful Sky's failed attempt to gather enough signatures.

The group collected 4,954 signatures, but the county found only 2,214 to be valid. A total of 4,848 signatures were needed to put the proposal to a vote of the people.

Lehman claims marijuana-eradication efforts are an unsuccessful waste of money that keep the drug on the black market at inflated prices.

But Hawai'i County Prosecutor Jay Kimura said it's dangerous to pass a law that would make drugs more available, and he doubts that the county council has the authority to tell its police chief how to deal with a substance controlled under state and federal laws.

"I think this is part of an ongoing effort to legalize use of marijuana. There is a popular culture of marijuana and a national movement to legalize it by calling it medicine," Kimura said. "But if you analyze it from a medical perspective, you see more negatives than positives."

Kimura said the definition of how much marijuana is protected for "personal use" is too large as stated in the ballot proposal — up to 24 plants and 24 ounces of usable marijuana.

Kona Councilwoman Brenda Ford said she objects to the measure but supports the democratic principle of letting the voters decide.

"When you have 5,000 people sign a petition, it's time to put it on the ballot," Ford said. "I don't like the bill, personally. I don't support the legalization of marijuana. But because this is such a controversial bill, I felt each voter should become their own councilor."

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