Marijuana decriminalization spreads across WI

Editor's note: Corrects amount of marijuana cited Madison's ordinance.

STEVENS POINT – Cities across Wisconsin have been slowly decriminalizing marijuana over the past several years by adopting local ordinances that levy only fines against those caught with small amounts of pot.

State law says anyone caught with even a little marijuana can be charged with a misdemeanor crime punishable by jail time and a permanent criminal record. But municipalities, for a variety of reasons, have been adopting local rules that allow first-time offenders to be charged with ordinance violations similar to traffic citations that carry only fines as penalties and don’t show up in Internet crime records.

A Gannett Central Wisconsin Media review of ordinances across Wisconsin found that nine of the state’s 10 largest cities have decriminalized simple marijuana possession.

Municipalities in central Wisconsin have followed a similar trend, with Stevens Point being the most recent to adopt and then modify its marijuana ordinance. This month, the city cut the fine for first-offense possession to $100.

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What has emerged is a patchwork of laws and ordinances; a person caught with a few marijuana cigarettes can face anything from six months in jail in some Wisconsin cities to no penalties whatsoever in others, such as Madison.

The trend does not please some police officials and prosecutors, who believe marijuana can be a gateway drug that leads users to harder drugs, such as heroin or methamphetamine.

But advocates say the decriminalization movement treats those caught with the drug the same way other minor offenders are treated, and at least one state lawmaker is trying to get Wisconsin to join Washington state, Colorado and other places across the country that have completely legalized the drug for medicinal or recreational use.

Decriminalization spreads

Madison and Milwaukee were among the first cities in Wisconsin to decide that those caught with small amounts of marijuana should not be treated like criminals.

Madison adopted its ordinance in 1977 and today, those caught in a home with up to 28 grams of marijuana — enough to make a handful of marijuana cigarettes — have no fear of any punishment. Those caught with marijuana in a public place are fined up to $100 and sent on their way.

Milwaukee soon followed with its own rules that say those caught at home with 25 grams or less of marijuana have to fork over only $50, or up to $500 if they light up in public.

Today, officials from both those cities stand by the changes, though for different reasons.

Madison’s Chief of Police, Michael Koval, told Gannett Central Wisconsin Media he’s glad Madison has its ordinance in place. He said the police department’s energy is better spent focusing on hard drugs rather than recreational marijuana users.

Last year, Madison police had to administer heroin antidote drugs to 154 people who overdosed, Koval said. That’s a public health crisis in which cops often are first responders charged with saving lives. In that context, marijuana and its “benign qualities” that are no worse than alcohol barely registers as a police problem, Koval said; tying up officers over possession of small amounts isn’t a priority.

“Unless you are doing something that is creating a disturbance ... it’s no major point of emphasis for us to get involved in that situation here in Madison,” Koval said. “Unless your use is leading to some sort of abject behavior that is contrary to law.”

Koval said he isn’t “thrilled” about arresting anyone for drug use — not to be confused with suspects who make and sell drugs — because the arrest and conviction record will live with that person forever.

“Is that fair for anyone who hasn’t done anything wrong for a decade or more?” Koval said.

Milwaukee City Council member Nik Kovac said Milwaukee’s recent decision to reduce its marijuana fine to $50 stemmed from discussions on racial disparity. Of 1,500 citations issued last year for simple possession, he said, 1,250 were issued to African-Americans. Kovac said it’s not acceptable to target only minorities in a city with a population that is roughly half black and half white.

A study by the U.S. Department of Health and Human Services indicates that in 2013, about 9.5 percent of whites and 10.5 percent of blacks were using illicit drugs, numbers that hardly explain why the overwhelming majority of those cited in Milwaukee are black.

After offenders are prosecuted under Milwaukee’s local ordinance once, the district attorney can decide to charge repeat offenders with felonies. Kovac said he hopes a smaller fine amount will eventually drive police to stop issuing citations at all so that recreational marijuana users aren’t saddled with a lifelong felony conviction that can prevent them from voting, owning guns or holding some jobs.

“If we never issue a first offense,” Kovac said, “it never gets to that second offense.”

Milwaukee lowered its fine to $50 in June, and Kovac said it’s too early to tell if the change has had any effect on the community.

In central Wisconsin, Stevens Point recently reduced fines for first offenders caught with a small amount of marijuana. Supporters of the idea said cutting the fine from $300 to $100 brought the punishment more in line with severity of the offense.

Wisconsin Native American tribes are starting to address the issue as well. An advisory vote by members of the Menominee Indian Tribe earlier this month endorsed the legalization for both medical and recreational uses on their reservation. A final decision on the matter now is in the hands of tribal legislators.

Although local marijuana policies give police the option to file only citations against offenders, that doesn’t mean officers have to follow that course. The ordinances are an additional tool that give police discretion over how to handle individual cases, advocates said.

Many cities still charge offenders with crimes, and police everywhere in Wisconsin retain that option. For example, someone who is caught with marijuana during an arrest on other charges might face criminal marijuana charges, too.

Some cities resist movement

Police officers in some cities choose to charge all offenders with crimes, even when they have the option to give someone a citation.

The city of Marshfield, for example, has a marijuana ordinance, but police rarely use it, said Officer Jim Cramm. The city wants to take a strong stance against marijuana, and officers want to ward people off from moving on to harder drugs, he said.

“It’s a gateway,” Cramm said. “They dabble in that, then they feel kind of less inhibition to maybe move on to something more interesting, more exciting, more powerful.”

He said charging offenders with crimes also gives police more leverage as they pressure users to help them track down and prosecute drug dealers. Offenders may help police with their investigations and be rewarded with a reduction or dismissal of charges.

A similar stance is taken in Wausau, where City Attorney Anne Jacobson said she hasn’t prosecuted any municipal violations for marijuana possession.

Some citations may be issued, she said, but people may pay those fines without going to court.

Not every municipality has joined the local-level movement. The city of Wisconsin Rapids, for example, doesn’t have a marijuana ordinance, though that may soon change, according to Wisconsin Rapids Police Chief Kurt Heuer.

“Our mindset has always been we don’t want to see decriminalization,” he said. “However, we are in discussion in regards to the realities of having an ordinance available.”

Heuer said he is concerned about where marijuana use can lead for people and has seen it lead to the use of harder substances.

“I still just don’t want to see the decriminalization,” he said. “If there’s a tool for lesser amount, personal use, that makes sense, we’re exploring that.”

Making the punishment fit the offense

Officials in places that have decriminalized pot can’t agree on the penalties that offenders should face, which creates that patchwork of differing punishments across the state.

Stevens Point, for example, adopted rules in 2014 that allow police to issue citations to first offenders caught with up to 5 grams of marijuana — the equivalent of a few joints.

When it was adopted, the ordinance mandated that anyone guilty of violating the rule be fined $300 plus court fees. This month, the City Council opted in a 7-4 decision to slash that forfeiture to $100, making the penalty similar to a first offense for underage drinking.

Supporters said the $100 fine made the punishment fit the offense. Opponents said they worried the stance was too soft.

Former Stevens Point Police Chief Kevin Ruder, who brought the ordinance forward in October before his retirement, said he’s worried about the signal the reduced fine sends to residents.

“Lowering the fine not only lowers the deterrent, but it also sends a message that it’s not as much of a concern from this side of the community, and I don’t think that’s a good message to send,” Ruder said.

Marijuana is still illegal in this state, he said, and people who are found in possession are demonstrating that they’re not afraid of the ramifications for breaking the law.

Illegal for now

Marijuana is indeed still illegal in Wisconsin. But as municipalities across the state continue to codify piecemeal decriminalization, one state lawmaker is looking to decriminalize some possession for both recreational and medicinal purposes across the state.

State Rep. Melissa Sargent has introduced a bill for the second time that would allow people who are at least 21 years old to possess up to a quarter-ounce of marijuana if they are from outside the state, and up to half ounce if they live in Wisconsin.

The bill prohibits use of marijuana in public.

Sargent, who represents a portion of Madison, said the change in law would make communities safer because it would take marijuana sales out of the shadows.

The bill, in large part, aims to eliminate some racial disparities in the state, she said, referring to data that show African-Americans in Wisconsin to be much more likely to be arrested for simple marijuana possession than Caucasians.

“I continue to believe that it’s a civil rights issue,” she said. “I’m looking at our state and where we are and trying to figure out where we’ve gone wrong.”

Wisconsin Attorney General Brad Schimel said he supports decriminalization at local levels for young people and first-time offenders, and has no issue with the way municipalities are taking steps in that direction.

But he said he can’t get on board with statewide marijuana legalization. Schimel said young people make mistakes and should be able to take advantage of a first-offence local ordinance, but that legalizing marijuana would do them a “disservice.”

“I can’t support this (legalization),” Schimel said. “It’s a more dangerous drug than it was in the past. It’s a more addictive drug than it was in the past, and the consequences are going to be a deeper scar.”

The proposed law has had largely a partisan reaction, with only Democrats signing on. Sargent said she is trying to get a committee hearing scheduled on the proposal.

Sargent said the bill is a response to a turning of the tides in the United States. If the bill became law, the state would join about half the country in allowing medical marijuana use, and become the fifth state to allow recreational use.

“There is a desire of people to start having this thoughtful and pragmatic conversation,” she said. “The prohibition of marijuana does not work. It has not worked.”

Municipality Grams Maximum fine** Effective since ***

Madison 28 $100 1977

Wausau N/A* $500 1984

Kenosha 28 $750 1985

Milwaukee 25 $50 1997

Eau Claire 25 $500 2002

Racine 25 $225 1990

Marshfield N/A* $500 2010

La Crosse 7 $338 2010

Stevens Point 5 $100 2014

Appleton 25 $200 1965

Waukesha N/A* $500 N/A*

Green Bay 25 $1,000 N/A*

*Attempts to reach officials for details not spelled out in ordinances were unsuccessful.

**For ordinance violations, generally first offenses, not including court fees.

***Dates reflect most recent changes to ordinances or when the rules first were adopted.