Pubdate: Wed, 12 Jun 2013
Source: Isthmus (WI)
Copyright: 2013 Isthmus
Contact:  http://www.thedailypage.com/
Details: http://www.mapinc.org/media/215
Author: Bennet Goldstein

WISCONSIN LAWMAKERS CONSIDER BILL TO BOOST LOCAL PROSECUTION OF 
MARIJUANA POSSESSION CASES

The Wisconsin Senate's Committee on Economic Development and Local 
Government heard feedback from interest groups and residents 
Wednesday morning over a bill (SB 150) that would strengthen local 
and county governments' grounds for prosecuting individuals who 
possess natural and non-prescribed synthetic marijuana.

The bill, sponsored by Sen. Richard Gudex (R-Fond du Lac) and Sen. 
Joseph Leibham (R-Sheboygan) has a companion bill in the Assembly (AB 
164), which made its way through the Committee on Urban and Local 
Affairs last week.

Currently, local governments in Wisconsin may only pass ordinances 
that allow municipal courts to prosecute for possession of less than 
25 grams of marijuana and first-time offenses. The county's district 
attorney determines whether to prosecute repeat offenses or 
possession of more than 25 grams of marijuana.

Gudex says district attorneys may not prosecute these larger 
violations due to a lack of staff and financial resources.

"This could end up with a person being convicted of possession of 24 
grams of marijuana, but then receiving no punishment for possession 
of 50 grams," he says. "Whatever one may think about our current drug 
laws, this makes no sense at all."

If passed, the bill gives local and county municipalities the 
authority to bring civil charges against individuals who possess any 
amount of natural or synthetic marijuana or offend on subsequent 
occasions if district attorneys decide not to prosecute.

Rep. Jeremy Thiesfeldt (R-Fond du Lac) says giving local governments 
the ability to bring charges will enable them to recoup costs 
associated with arresting offenders by imposing fines, and may even 
act as a revenue source. According to a fiscal estimate (PDF) 
prepared by the Wisconsin Department of Administration, the bill 
could also reduce the costs to counties because municipal courts, 
which handle local ordinance violations, are more likely to impose 
fines as punishment rather than jail time.

Sen. Lena Taylor (D-Milwaukee) disagrees, noting convictions in 
municipal courts may lead to jail time, particularly when offenders 
are unable to pay the fines. She notes Wisconsin will spend $2.5 
billion in prison construction by the end of the decade due to 
increased incarceration, particularly of impoverished and African 
American people. Their incarceration would jeopardize future 
employment opportunities, Taylor adds.

"You create a cycle," she says. "The choices that we make will have a 
direct effect on what we spend on corrections and whether or not we 
fix the problem that we have. If what we do is move in this 
direction, instead of ... addressing treatment and mental health 
issues ... then we're only going to exacerbate the problem.

Curt Witynski, assistant director of the League of Wisconsin 
Municipalities, which supports the bill, is not convinced 
municipalities will prosecute for financial motives.

"Usually the court fee that attaches to the forfeiture isn't enough 
to cover a community's true expenses," he says. "Right now we can 
collect a maximum of $28 per ticket in the form of municipal court 
fees. None of that really balances out in the end for covering 
communities' total costs of police, courts and every other staff and 
resource that needs to go into that process."

While state law considers marijuana possession a crime, the Dane 
County District Attorney has not prosecuted for possession of under 
25 grams since 2007. In 2010, the Dane County Board of Supervisors 
amended the county's code of ordinances to ban the sale of synthetic 
cannabinoids, but the board's current position on marijuana use is 
lenient toward non-synthetic forms.

In May, Dane County Sup. Kyle Richmond submitted a resolution (PDF) 
expressing support for a federal bill that would decriminalize 
marijuana. Ten supervisors cosponsored the resolution.

Witynski doubts the bill will alter penalties for marijuana 
possession in liberal municipalities such as Madison. Chapter 23 of 
Madison's Code of Ordinances stipulates that individuals "may 
casually possess marijuana or cannabis in a private place," provided 
the amount of marijuana does not exceed 28 grams. Fines for publicly 
possessing marijuana in Madison are $109.

But in municipalities such as Fond du Lac, harsher local ordinances 
could lead to stiffer fines, which is a concern to Gary Storck, 
co-founder of the Madison chapter of the National Organization for 
the Reform of Marijuana Laws.

"It's making money off of punishing people when it could move forward 
and be creating all kinds of new jobs by legalizing the plant for 
hemp and medical use, and for social use," Storck says.
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MAP posted-by: Jay Bergstrom