NUMB:
970136
VERS:
SUBSTITUTE 3
REF:
XXBY:
ALD. MURPHY AND PRATT
TITL:
A substitute ordinance prohibiting possession of marijuana in certain amounts.
SECS:
106-38 cr
ANLS:
- Analysis -
This ordinance provides a municipal forefeiture for persons convicted of the illegal possession of marijuana in amounts of 25 grams or less; any person so convicted may perform community service work and attend substance abuse education and counseling in lieu of paying the forfeiture. In accordance with s. 66.051(1)(bm), Wis. Stats., any person who is charged with possession of more than 25 grams of marijuana, or who is charged with possession of any marijuana following a conviction for possession of marijuana, in this state, shall not be prosecuted under this ordinance.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 106-38 of the code is created to read:
106-38. Possession of Marijuana. 1. DEFINITIONS. In this section, "marijuana" and "practitioner" shall be defined as in s. 961.01(14) and (19), Wis. Stats., respectively.
2. PROHIBITED. No person may possess marijuana in amounts of 25 grams or less unless the marijuana was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice or except as authorized by ch. 961, Wis. Stats.; except that in accordance with s. 66.051(1)(bm), Wis. Stats., any person who is charged with possession of any amount of marijuana following a conviction for possession of marijuana, in this state, shall not be prosecuted under this section.
3. PENALTY. Any person violating this section shall upon conviction:
a. Forfeit not less than $250 nor more than $500, or, in default of payment, may be imprisoned for not more than 20 days.
b. Be permitted to perform community service work and attend substance abuse education and counseling in lieu of paying the forfeiture under par. a.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________________
Office of the City Attorney
Date: _____________________
ZDPT:
DFTR:
LRB97203.4
MCW
5/9/97_________________________________
Office of the City Attorney
Date: _____________________
ZDPT:
DFTR:
LRB97203.4
MCW
5/9/97