Pubdate: Sat, 16 Dec 2000 Source: Hawaii Tribune-Herald (HI) Copyright: 2000 Hawaii Tribune Herald Contact: P.O. Box 767, Hilo, Hawaii 96721 Website: http://www.hilohawaiitribune.com/ Author: Dave Smith, Tribune-Herald POT ERADICATION METHODS DRAW PROTEST The members of the Board of Land and Natural Resources got an earful Thursday during a public hearing on the state's aerial marijuana eradication program. The hearing was being held under conditions of a $300,000 appropriation for eradication efforts from the state Legislature. Tim Johns, director of the state Department of Land and Natural Resources, told the roughly 40 persons at the County Building that no action would be taken on the program until a later date. He said the meeting was being held to obtain public input on the program in which marijuana is sprayed with herbicide from hovering helicopters or plucked from the ground by law enforcement personnel rappelling from the aircraft. "This meeting is to hear from you folks," Johns said. And hear he did. About three-quarters of the roughly 40 people in attendance testified on the matter with none expressing unconditional support of the aerial eradication program. Many, including County Councilwoman Julie Jacobson, called for an end to the program in its current form. Advocates of the use of marijuana took advantage of the opportunity to blast all law enforcement efforts against the illicit plant and to lobby on behalf of its legalization. Some of those speaking during the three hours of testimony disputed claims by the state that DLNR eradication efforts are aimed solely at public lands, saying their homes had been targeted by low overflights and sometimes by the spray itself. But it was not clear whether the flights being referred to were the state's or part of the Police Department's efforts. Those efforts can include personnel and equipment from the Hawaii National Guard and the federal Drug Enforcement Administration, which has two helicopters stationed at the Hilo International Airport. A number of those testifying condemned the methods of the eradication missions. "You are defiling American citizens with your military-style tactics," Aaron Anderson said. A contingent of residents from Hawaiian Ocean View Estates in Ka`u pleaded with land board members to restrict the spraying operations, which they said can result in herbicides drifting into residential areas and their gardens and into water catchment systems. Pattie Barry of HOVE said she has collected a variety of evidence that shows that the eradication efforts had gone too far. During the meeting land board members collected photos and videotapes from people who claimed they proved that helicopters on eradication missions were flying at low elevations and over homes, spraying herbicide in populated areas. "Do not spray near our homes," Barry pleaded. Another HOVE resident, Martie Nitsche, said she feared for the health of her family from the spraying. Nitsche said she is 67 years old, and plans to keep on working 14-hour days for another 20 years. "I don't want to be killed by my government," she said. "Please be sensitive to our health, to our children and to our animals." The meeting began on a contentious note, with Puna resident Del Pranke arguing with Johns over procedures for testimony. Immediately following that came comments from Mayor Harry Kim, who, after noting wryly that he "could have been retired" rather than jump into such frays, told the state officials that he was in favor of eradication of marijuana plants. Kim then raised three issues he said needed to be addressed, including the threat posed by herbicide sprays drifting onto some of the roofs of the more than 7,000 Big Island homes with catchment systems that rely on rainwater for household needs. He also said there are concerns about the spray landing on people's yards, including vegetable gardens. Kim said the noise from helicopter operations also should be considered because of its major impact on rural lifestyles. "I ask for your sensitivity on these three areas," he said, adding that the program has an effect on everyone in the areas involved, including "law-abiding people who are truly disturbed by the noise of the chopper." Kim reiterated that none of his testimony should be taken as being against the eradication of marijuana. The next speaker was Jacobson, who said she was "compelled to voice the concerns and sentiments of an overwhelming majority" of her constituents in Puna and Ka`u who have "serious concerns" about the marijuana eradication program. She said most of the complaints are not about marijuana itself but about the use of helicopters and herbicide spray. "Residents feel that these two activities are an invasion of their private homes and a potential health risk," she said. "Therefore, I call for an end to the aerial spraying and use of helicopters in rural residential areas on this island," Jacobson told the land board members. She said an "objective statewide program review" should be conducted to determine the program's impacts. Some of those testifying blamed land board members personally for the eradication program. Well-known marijuana advocate Roger Christie said when the "drug war is over" they would be "held accountable." "Some of you people's faces will be on the wall of shame," he said. Dennis Shields, a minister in the Religion of Jesus Church, which claims the use of marijuana in its sacraments, took a more accusatory tone. "With all due respect, you're a bunch of losers," he said. "You've lost the drug war. You're like Hitler in his last days." Land board members questioned several persons, including hemp proponent Dwight Kondo, who claimed that law enforcement agents, including DLNR enforcement personnel, routinely pocket some of the marijuana -- which goes for up to $500 an ounce -- during eradication campaigns. Board member Colbert Matsumoto asked Kondo if he could identify particular officers involved. "You suggest this is something pervasive with all law enforcement agencies on this island," Matsumoto said. Kondo declined to name names because he feared retribution. "If we make a case of it ... our lives would be in jeopardy," he said. Kondo added that it was the citizens' role only to bring the matter to the state's attention. "It's your responsibility to flush this out," he said. Don McDaniels said state officials who say they have yet to see evidence of wrong-doing in the program are ignoring the obvious. "They deny that citizen complaints are evidence," he said. "That shows on its face that they are insensitive to citizen concerns." He and others said a lack of recognizable markings on the helicopters makes it hard to identify which ones are causing problems. The land board members collected several videotapes from people who claimed they proved that helicopters on eradication missions were flying at low elevations and over homes, spraying herbicide in populated areas. Several persons told board members the hearing should have been held in the rural areas most affected by the program. "If this had been held in our community we would have filled this room five times," said Don Nitsche, a 71-year-old HOVE resident. - --- MAP posted-by: Richard Lake