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File #: 201518    Version: 0
Type: Ordinance Status: Placed On File
File created: 3/23/2021 In control: COMMON COUNCIL
On agenda: Final action: 7/7/2021
Effective date:    
Title: An ordinance relating to the penalty for possession and use of marijuana.
Sponsors: ALD. LEWIS
Indexes: DRUGS, DRUGS - REGULATION AND LICENSING
Number
201518
Version
ORIGINAL
Reference
Sponsor
ALD. LEWIS
Title
An ordinance relating to the penalty for possession and use of marijuana.
Sections
106-38-3 rc
Analysis
This ordinance reduces the penalty for possession of up to 25 grams of marijuana from 0 - $50 to $1. In addition, the ordinance reduces the penalty for smoking marijuana in public from not less than $250 and not more than $500, to not more than $1. It further repeals imprisonment as a penalty for default of payment. The ordinance also repeals community service and substance abuse education as options in lieu of payment of forfeiture.
Body

Whereas, Section 106-38, “Possession Marijuana,” of the Milwaukee Code of Ordinances prohibits the possession of and use of marijuana; and

Whereas, Currently, s. 106-38-3-a-1 provides that possession of marijuana shall result in a forfeiture of not less than $0 nor more than $50, or, in default of payment, may result in imprisonment as provided by law; and

Whereas, Section 106-38-3-a-2 provides that use of marijuana shall result in result in a forfeiture of not less than $250 nor more than $500, or, in default of payment, may result in imprisonment as provided by law; and

Whereas, Section, 106-38-3-b provides that community service and substance abuse education may be used in lieu of payment of forfeiture; and

Whereas, According to the Wisconsin Policy Forum report “Marijuana In Milwaukee,” these fines are subject to additional fees, such as clerk fees, jail assessment fees, and state crime lab fees, resulting in total maximum forfeiture of $124 for possession and $691 for marijuana use; and

Whereas, According to this report, in 2015, the Police Department could have saved $141,000 and 3,040 hours of officer time if officers had issued citations, rather than arresting, low-level, nonviolent marijuana users; and

Whereas, In April 2020, the American Civil Liberties Union released a report, “A Tale of Two Countries: Racially Targeted Ar...

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