Pubdate: Mon, 13 May 2013
Source: Wisconsin State Journal (WI)
Column: At Issue
Copyright: 2013 Madison Newspapers, Inc.
Contact:  http://host.madison.com/wsj/
Details: http://www.mapinc.org/media/506
Author: Sandy Cullen

MARIJUANA POSSESSION

A Weekly Feature on Proposed Changes to State and Local Law. in a Nutshell

Under current law, a city, village, town or county can enact and 
enforce an ordinance prohibiting the possession of 25 grams or less 
of marijuana or the possession of a synthetic cannabinoid. A person 
who is charged with possession of more than 25 grams of marijuana or 
who is charged with possession of any amount of marijuana or a 
synthetic cannabinoid following a conviction for the possession of a 
controlled substance generally may not be prosecuted under the ordinance.

This bill (AB164) allows a city, village, town or county to enact and 
enforce an ordinance to prohibit the possession of any amount of 
marijuana and to prosecute a person for a second or subsequent 
offense of possessing marijuana or a synthetic cannabinoid.

A city, village or town, however, may enforce the prohibition against 
possessing marijuana in a case in which the person is alleged to 
possess more than 25 grams of marijuana, or may prosecute a second or 
subsequent offense, only if the state complaint against the person is 
dismissed or if the district attorney declines to prosecute the case. 
A county may enforce the prohibition against possessing marijuana in 
a case in which the person is alleged to possess more than 25 grams 
of marijuana or may prosecute a second or subsequent offense only if, 
after the state dismisses the complaint or declines to prosecute the 
case, the city, village or town with jurisdiction also dismisses the 
complaint, declines to prosecute the case, or lacks an ordinance 
under which the complaint could be prosecuted. The case for it

Hariah Hutkowski, chief of staff for Rep. Jeremy Thiesfeldt (R-Fond 
du Lac), who introduced the measure, said state laws have 
inadvertently created a kind of loophole in which a first-time 
offender is penalized for marijuana possession, but a repeat offender 
can potentially escape prosecution if a district attorney declines to 
pursue the case.

Some district attorneys in the state are not prosecuting possession 
of relatively small amounts of marijuana for personal use, sometimes 
citing a lack of resources to handle such cases, Hutkowski said.

"Our goal is just to make sure the law is enforced and everyone has 
equal justice," he said. "If it's on the books, people expect the law 
to be enforced. It's an issue of consistency."

Hutkowski, who is also a Sun Prairie City Council member, said he 
also believes it is bad for the the morale of police officers, who 
are left questioning why they devote time and resources to enforcing 
the law when offenders end up facing no consequences.

Even if the consequence is a municipal fine, he said, there is a 
record of the offense. The case against it

Gary Storck, co-founder of Madison and Wisconsin NORML and Is My 
Medicine Legal YET?, marijuana advocacy organizations, said that a 
time when many other states are moving in the direction of 
decriminalization or outright legalization of marijuana, including 
marijuana for medical use, this measure goes in the wrong direction.

"We feel it almost smacks of double jeopardy," Storck said.

"I think in practice it would be used more to target people" and get 
money out of them, he said, adding that those who would be subject to 
sometimes steep fines are mostly young and lower-income people.

Storck said it would be better to set an amount of marijuana, such as 
less than 25 grams, that would constitute a civil, rather than 
criminal, offense statewide. That would reduce fear of being charged 
with a felony for possessing even a few grams of marijuana for 
personal or medical use, he said. To get involved

To contact your lawmaker about this or any other bill, call the 
legislative hotline, which is staffed from 8:15 a.m. to 4:45 p.m. 
weekdays at 608-266-9960 or 800-362-9472. To send an email, go to the 
Legislature's website at legis.wisconsin.gov, select Assembly and 
follow the link.
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MAP posted-by: Jay Bergstrom