City of Milwaukee - File #: 140697

• File #: 140697
• Version: 2
• Type: Ordinance
• Status: Passed
• File created: 9/3/2014
• In control: PUBLIC SAFETY COMMITTEE
• Final action: 6/2/2015
• Effective date: 6/19/2015
• Title: A substitute ordinance relating to penalties for possession of marijuana.
• Sponsors: THE CHAIR
• Indexes: DRUGS - REGULATION AND LICENSING

Date	Ver.	Action By	Action	Result	Tally
6/18/2015	1	CITY CLERK	PUBLISHED
6/11/2015	1	MAYOR	SIGNED
6/2/2015	1	COMMON COUNCIL	ASSIGNED TO; Minutes note: Ald. Kovac's Substitute D is before the Council as it was before the Council prior to the successful motion to hold.	Fail	4:9
6/2/2015	1	COMMON COUNCIL	SUBSTITUTED; Minutes note: Accept Proposed Substitute D	Pass	10:3
6/2/2015	1	COMMON COUNCIL	PASSED	Pass	10:3
5/12/2015	1	COMMON COUNCIL	TAKEN FROM COMMITTEE	Pass	14:0
5/12/2015	1	COMMON COUNCIL	SUBSTITUTED; Minutes note: Ald. Wade asked to be a Co-sponsor to this file. There were no objections	Pass	10:4
5/12/2015	1	COMMON COUNCIL	ASSIGNED TO	Fail	6:8
5/12/2015	1	COMMON COUNCIL	HELD IN COUNCIL	Pass	5:9
2/19/2015	0	PUBLIC SAFETY COMMITTEE	SUBSTITUTED; Minutes note: Appearing Sponsors - Ald. Kovac, Hamilton kurt Behling - Asst City Atty. Prosecution Division Mr. Fred Royal - NAACP Milwaukee Mr. Mike Wilder - Issue Coordinator Wisconsin Voice Ms. Molly Collins - ACLU Associate Director Mr. Charlie Fox - citizen Ms. Rose Stietz - citizen Ms. Nicole Todd - Milwaukee Community Services Ms. Maggie Attlas- citizen Ald. Puente moved to present Proposed Sub C before committee. There were no objections	Pass	5:0
2/19/2015	1	PUBLIC SAFETY COMMITTEE	HELD TO CALL OF THE CHAIR	Pass	4:1
2/18/2015	0	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
10/2/2014	0	PUBLIC SAFETY COMMITTEE	HELD TO CALL OF THE CHAIR; Minutes note: Ald. Puente moved to make part of the file a memo sent from ACLU There were no objections Appearing: Ald. Kovac MPD Inspector Carianne Yerkes	Pass	5:0
9/26/2014	0	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
9/26/2014	0	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
9/11/2014	0	PUBLIC SAFETY COMMITTEE	HELD TO CALL OF THE CHAIR	Pass	4:0
9/8/2014	0	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
9/8/2014	0	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
9/3/2014	0	COMMON COUNCIL	ASSIGNED TO

Number
140697
Version
SUBSTITUTE 2
Reference

Sponsor
ALD. KOVAC, HAMILTON, BAUMAN, STAMPER AND WADE
Title
A substitute ordinance relating to penalties for possession of marijuana.
Sections
106-38-2 am
106-38-3-a ra
106-38-3-a-2 cr
Analysis
This ordinance changes the forfeiture for possession of marijuana from $250 - $500 to $0 - $50. The ordinance also establishes a forfeiture of $250 - $500 for a person convicted of smoking marijuana in a public place.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 106-38-2 of the code is amended to read:

106-38. Possession of Marijuana.
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. 66.0107(1)(bm), Wis. Stats., [[any person who is charged with]] >>if a complaint is issued regarding an allegation of possession of more than 25 grams of marijuana, or<< possession of any amount of marijuana following a conviction >>in this state<< for possession of marijuana [[, in this state]], >>the subject of the complaint<< [[shall]] >>may<< not be prosecuted under this section >>for the same action that is the subject of the complaint unless the charges are dismissed or the district attorney declines to prosecute the case<<.

Part 2. Section 106-38-3-a of the code is renumbered to 106-38-3-a-1 and amended to read:

3. PENALTY.
a-1. Forfeit not less than [[$250]] >>$0<< nor more than [[$500]] >>$50<< or, in default of payment, may be imprisoned [[for not more than 20 days]] >>as provided by law<<.

Part 3. Section 106-38-3-a-2 of the code is created to read:

a-2. Forfeit not less than $250 nor more than $500, or, in default of payment maybe imprisoned as provided by la...