City of Milwaukee - File #: 201609

• File #: 201609
• Version: 2
• Type: Ordinance
• Status: In Committee
• File created: 3/23/2021
• In control: PUBLIC SAFETY AND HEALTH COMMITTEE
• Title: A substitute ordinance relating to possession of marijuana and marijuana-related paraphernalia.
• Sponsors: ALD. LEWIS, ALD. DIMITRIJEVIC, ALD. DODD, ALD. ZAMARRIPA

Date	Ver.	Action By	Action	Result	Tally
6/24/2021	1	PUBLIC SAFETY AND HEALTH COMMITTEE	SUBSTITUTED; Minutes note: Appearing: Ald. Lewis - sponsor Christopher HIllard - LRB MOTION by Ald. Lewis to substitute File Number 201609 Substitute 1 with a proposed substitute, and further move passage of the ordinance as substituted. The proposed substitute permits attendance of substance abuse education and counseling, and performing community service work in lieu of payment of the forfeiture for violating the ordinance. Ald. Spiker offered an amendment in the repeal section. Public Testimony: Erich Marsch - Yes Wiscosin Organization Julio Gumeta Nathan Franklin Bethany Crevensten Mariah Smith Molly Nilssen Caleb Crossot Solana Patterson-Ramos - Director of Community Engagement MKE Black	Pass	5:0
6/24/2021	2	PUBLIC SAFETY AND HEALTH COMMITTEE	HELD TO CALL OF THE CHAIR	Pass	5:0
6/22/2021	1	CITY CLERK	DRAFT SUBMITTED
3/23/2021	0	COMMON COUNCIL	ASSIGNED TO

Number
201609
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. LEWIS, DIMITRIJEVIC DODD, ZAMARRIPA
Title
A substitute ordinance relating to possession of marijuana and marijuana-related paraphernalia.
Sections
106-36-1-g rp
106-36-1-k-0 rc
106-36-1-k-1 rp
106-36-1-k-2 rp
106-36-1-k-3 rp
106-36-1-k-4 rp
106-36-1-k-5 rp
106-36-1-k-6 rp
106-36-1-k-7 rp
106-36-1-k-8 rp
106-36-1-k-9 rp
106-36-1-k-10 rp
106-36-1-k-11 rp
106-36-1-k-12 rp
106-36-1-k-13 rp
106-38 rc
Analysis
This ordinance removes references to marijuana-related paraphernalia from the code. In addition, the ordinance prohibits possession of marijuana by a person:
1. Without a valid prescription from a practitioner as defined by state law.
2. Under the age of 18.
3. With greater than 28 grams of marijuana.
4. Within 1,000 feet of a school.
5. Inside a school bus.
The ordinance also changes the penalty for possession of marijuana from $0 - $50 to no more than $100. Finally, the ordinance repeals the penalty for smoking marijuana in public as well as imprisonment for default of payment thereof.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 106-36-1-g of the code is repealed.

Part 2. Section 106-36-1-k-0 of the code is repealed and recreated to read:

106-36. Drug Paraphernalia.

1. DEFINITION.
k. Objects used intended for use or designed for use in ingesting, inhaling or otherwise introducing cocaine into the human body.

Part 3. Section 106-36-1-k-1 to 13 of the code is repealed.

Part 4. Section 106-38 of the code is repealed and recreated 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. POWER OF MUNICIPALITIES TO PROHIBIT POSSESSION OF MARIJUANA. In accordance with s. 66.0107(1)(bm), Wis. Stats., if a complaint is issued re...