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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