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You are here: Home / Home / Carousel / Common Council mulls changes to marijuana possession laws

Common Council mulls changes to marijuana possession laws

May 29, 2015 by Edgar Mendez 1 Comment

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Alderman Michael Murphy listens to Rob Henken, president of the Public Policy Forum, present findings from a new report on marijuana laws. (Photo by Edgar Mendez)

Alderman Michael Murphy listens to Rob Henken, president of the Public Policy Forum, present findings from a new report on marijuana laws. (Photo by Edgar Mendez)

In 1997 Alderman Michael Murphy drafted Milwaukee’s current ordinance making first-time possession of less than 25 grams of marijuana a municipal offense rather than a state charge.

“There was a (racial) disparity back then that was pretty relevant,” he said.

The racial disparity in marijuana convictions remains extraordinarily high, according to a new report by the Public Policy Forum (PPF), which was presented to the Common Council’s Public Safety Committee Thursday. The report found that in 2013 and 2014, 86 percent of those found guilty in Milwaukee County of a second or subsequent marijuana offense were African American. The second state conviction is a felony.

Alderman Joe Davis, Sr. makes a point during a discussion of options to change marijuana laws and policies. (Photo by Edgar Mendez)

Alderman Joe Davis, Sr. makes a point during a discussion of options to change marijuana laws and policies. (Photo by Edgar Mendez)

According to the report, very few Milwaukeeans end up in jail for a first-time marijuana possession offense, but the second and subsequent convictions are referred to the district attorney for state charges and often result in incarceration.

Eighty-six percent of Milwaukee County cases that are prosecuted by the district attorney resulted in a felony conviction. Of the 275 defendants in 2013 and 2014, 274 were sentenced to serve time in jail or state prison. A 2014 NNS report found that marijuana possession convictions are a key contributor to racial disparity in the state’s prison system.

The Common Council convened earlier this month to discuss possible changes to marijuana laws. One option the council is considering, authored by Ald. Nik Kovac, is to lower the punishment for possessing less than 25 grams of marijuana to a municipal offense and af $50 ticket. Currently, marijuana possession tickets are $250 to $500. State Rep. Melissa Sargent recently re-introduced legislation to legalize medicinal and recreational use of marijuana in Wisconsin.

The PPF report also examined other municipalities that have recently changed their laws or policies related to marijuana possession. According to Rob Henken, president of the Public Policy Forum, the state recently passed legislation paving the way for municipalities to begin enacting their own marijuana ordinances. So far, only West Allis has moved to make second and subsequent marijuana offenses municipal offenses punishable by fines.

Another issue in Milwaukee is that there are few options available to the district attorney, according to the report. “There simply aren’t treatment options that exist for marijuana as opposed to other drugs,” Henken said.

The report made no policy change recommendations. However, it did state that “de-prioritization, decriminalization, or full de-penalization could dramatically reduce the number of African Americans who are being arrested on small-scale marijuana possession charges and the number of disadvantaged individuals whose ability to find and retain jobs is being impacted by time spent in jail or the existence of a marijuana-related criminal charge on their record.”

Molly Collins, associate director of the ACLU of Wisconsin, said the report’s findings are consistent with what the ACLU has long been saying about the racial disparity in marijuana arrests, adding, “These criminal convictions are resulting in jail, trouble finding employment and disrupting other aspects of people’s lives.” The ACLU has been working to decriminalize marijuana.

 

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Filed Under: Carousel, Community, Home, Neighborhoods, News

About Edgar Mendez

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Edgar is a senior staff reporter for the Milwaukee Neighborhood News Service. Mendez is a proud graduate of UW-Milwaukee, where he double majored in Journalism and Sociology, and of Marquette University, where he earned a master’s degree in Communication. As an accomplished journalist, Edgar’s awards include a 2018 Regional Edward R. Murrow award, several press club awards and a Society of Professional Journalists’ regional award for columns dealing with issues such as poverty, homelessness and racism.

Comments

  1. _Brian_Kelly_ says

    May 29, 2015 at 8:35 am

    Don’t be fooled by “decriminalization” because citizens are still going to be treated like common criminals for marijuana under it. This is what Kevin Sabet wants.

    Citizens will STILL be forced to the dangerous black market and a shady illegal street drug dealer to purchase their marijuana. Getting caught buying it is STILL a crime they will arrest and jail you for. Then, they will also most likely try to FORCE you to either mandatory community service and/or rehab, and if you don’t comply, guess what? JAILTIME!

    They also fail to mention the additional huge cost of court costs which can range from several hundred to several thousand dollars on top of the relatively small ticket/fine.

    If you fail to pay these expensive court costs you will be in “the system” as a criminal. With a warrant out for your arrest and incarceration.

    No thanks!

    Also, we will still be wasting our tax dollars sending police around to ticket marijuana users and wasting police manpower and resources.

    Instead of allowing our police the time, manpower and resources to protect us all from real, dangerous criminals who actually commit crimes with victims and pose a real threat to society.

    Why else do you think some politicians are so EAGER to “decriminalize”, instead of LEGALIZE?

    Don’t Let’em Fool Us!!!

    If you can’t purchase it legally, then it isn’t legal.

    If you have to fear a monetary fine/ticket which if you don’t pay and/or show up in court to handle, you then become a criminal with a warrant out for your arrest, and when convicted (yes convicted, as in crime.) you will then be forced into free manual labor and/or forced drug rehabilitation to be used as another statistic prohibitionists love to flaunt about supposed “marijuana addicts”, then….No, it’s not legal!

    This will not suffice! Getting caught purchasing marijuana is still considered a serious “drug deal” and you will be prosecuted for it!

    DEMAND FULL MARIJUANA LEGALIZATION NATIONWIDE!

    Reply

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