DA’s Corner by Waushara County District Attorney Scott Blader
on September 1st, 2010 at 2:46 PMAs printed in the Waushara Argus, Published by Wautoma Newspapers, Inc. Wednesday, September 1st, 2010. Vol. 151 No. 35 www.wausharargus.com
DA’s Corner
By Waushara County District Attorney Scott Blader
The views expressed in this column are not certified legal opinions. Professional legal advice should be sought on specific legal concerns.
Marijuana Article in the Waushara Argus Newspaper, Waushara County Wisconsin
Waushara County
By now, many in the general public have become familiar with the ongoing discussion and dispute in Madison on whether marijuana should be legalized of medical purposes. Despite this debate, citizens need to be aware that no change has been made in the law and the possession of marijuana remains illegal in the State of Wisconsin. A brief review of Wisconsin’s current drug laws may help clarify any confusion that may exist by this recent debate:
Present laws unfair to farmers, patients, law enforcement and tax payers?
1) Possession of marijuana, in any amount, is a criminal misdemeanor punishable by up to six months in jail per Wisconsin Statue 961.41(3g)(e).
2) A second conviction for marijuana possession converts the offense to a felony offense punishable by prison time. It does not matter when the prior conviction occurred.
3) Delivery of Marijuana is a felony offense punishable by prison time under Wisconsin Statue 961.41. ”Delivery” has been defined to include transfers of marijuana regardless of whether money was exchanged. Accordingly, a defendant may be charged with Delivery of Marijuana if he or she transfers the same regardless of whether or not money is exchanged.
4) Delivery of Marijuana and Paraphernalia by an adult to a minor is punishable by a felony offense. The simple transfer of a marijuana pipe or drug paraphernalia to a minor can be punishable by up to nine months in the county jail.
5) Driving a motor vehicle with any detectable amount of marijuana/THC in a motorist’s blood is illegal and the motorist may be charged with OWI / DUI. The simple ingestion of marijuana is not as benign as some may think. Recent studies have suggested that the consumption of marijuana together with alcohol has a compounding impairment effect. Specifically, recent studies have suggested that when taken together, alcohol and marijuana may more than double their impairing effects on the body. Accordingly, someone who smokes marijuana and then drinks alcohol may be charged with impaired driving despite the fact they are below the legal alcohol limit.
Waushara County Courthouse
While the debate continues in Madison, citizens must be advised that the laws stated above remain in full force and effect. Despite what your opinions may be, Wisconsin continues to criminalize marijuana possession as a means of ensuring that this dangerous drug is not disseminated to our children and other vulnerable persons. Marijuana remains an important “gateway drug” which oftentimes begins a life-long addiction to controlled substances for many persons. Understanding the laws surrounding the substance is the first step towards avoiding legal mishap for the unwary.
Website to Waushara County District Attorney Office: http://www.co.waushara.wi.us/district_attorney.htm
Link to Waushara Argus Letter to the Editor policy: http://www.jayselthofner.com/SoundOff.html
sponsored ads do not necessarily reflect the viepoints of Jay Selthofner
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In other words, they are going to protect us from ourselves, whether we like it or not, even if we aren’t hurting anyone (except maybe arguably ourselves, if you choose to believe the misinformation). It also seems like this is saying that in order to pre-emptively “protect” people from themselves, it is “necessary” to hurt them and imprison them and take their property and money away from them. If I am reading this correctly, we commit these injustices equally against ALL citizens who use marijuana, even responsible taxpaying adult citizens who have never broken another law in their lives, simply because of the mere fear of the possibility that somewhere, some hypothetical irresponsible person may possibly decide to give drugs or paraphernalia to minors but are somehow magically stopped from doing so because we persecute people for using a plant… and the only people telling us about the so-called bad effects of this plant are the people who stand to directly profit from keeping it illegal…
I’ve smoked for a number of years, and have never tried nor even thought about trying any “hard” drugs. I have a good job, a wonderful family, and am well respected in my community. If anything cannabis has helped me in numerous ways. Also, do these people have any idea how much easier it is for kids to get their hands on cannabis through the real criminal element, as apposed to something legal and much more harmful, like alcohol? Legalize and regulate is really the best idea. Prohibition didn’t work back in the day, and it doesn’t work now.
Dear Friends, The question before us isn’t should we make marijuana legal or not,it’s are we willing to give the people the Liberty to choose an effective herbal remedy over dangerous Rx medicines,will we continue with the dangerous path of crude oil mining or will we use the common sense to grow our Food, fiber,fuel and medicine,freeing us from the tyranny of oil barons and their spin-off industries. Whom to date have only brought us more cancer causing agents than life saving devices.
Let’s not forget the thousands of JOBS legalization would bring. No,not street dealers. But factories making clothes,home construction proucts, bio-diesel fuels and medicinal aides.from the Family Farm to construction to scientists, engineers, day laborers and shoppe owners.
It makes sense to legalize hemp. The lie is ‘The feds won’t let us.”, the TRUTH is ‘We can accept, reject or ratify ANY edict or Law the Govt passes.” Because we’re a govt run by the people. The govt decreed that right to State’s back in the 1820′s while some State’s were illegally using Indian lands.
So we have the Power. Do we have the Will?? I for one say ‘YES I DO!!!”
END MARIJUANA PROHIBITION
Americans need to achieve the repeal of marijuana prohibition so that the responsible use of cannabis by adults is no longer subject to penalty. Over 25% of the worlds prisoners are in American jails.. and they are Americans.
America needs to use the marijuana plant/ cannabis plant to produce hemp foods, hemp products…, hemp paper, hemp textiles, hemp oil, medicine and many other useful products that are vital to our economic recovery. What are we waiting for??? Stop the drug wars… put the criminals out of business.
The drinking of alcohol is accepted.. and not all adults are irresponsible drinkers just like all drug users are not drug abusers.
MARIJAUNA is harmless for the majority of the popultation. those that shouldn’t use are just like the people who abuse alcohol. And it is a proven fact that alcohol is way more dangerous.
There is ZERO… yes 0 deaths from marijuana…. that doesn’t not include the ohter drugs that are taken with marijuana, deaths happening because the governemnt doesn’t regulate and END the PROHIBION.
Alcohol has 1.8 million deaths per year, cigeretters..4,9 million deaths and 3.5 million deaths from pharmaceuticals ( that includes over the counter drugs) AND THEy ARE ALL LEGAL.. where is the sense in that. the illegal drug marijauna doesn’t cause ONE death.. so it is safer than the legal drugs… but yet its outlawed.
The laws need to be changes, PROHIBION LIFTED … and marijuana should be used for the beneficial drug that it is. It is a treatment for an unbelievable amount of ailments, whether it is sold across the counter or with a doctors prescription..
And lets not forget all the other benefits from cannabis …. fuel, oil, food, textiles, paper, face cream, shampoo, conditioner, make-up..
bedding and food for animals, the list is endless.
Please read up about marijuana and its benefits.
The Marijuana Prohibition was started because the Alcohol Prohibition was’t working, something had to be done with all the people and departments… but like the alcohol prohibition didn’t work and was repealed after 7 years… isn’t it time for Americans should realize Marijauna prohibion IS NOT working too?
End the war on the American people.. put the money spent on the war into rehab for those that really do need it, education, lets keep our teachers, smaller classes, the economy… farmers would have a substainable crop that is actually good for the soil putting nutrients back into it. Jobs created by making hemp products…. read about it for yourself… educate, talk to representatives, let them know what you want then vote for the best candidate. I persoanlly wish we would have more candidates like Jay Selthofner, he’s running for state assembly, district 41 in Wisconsin. check him out too.
I have lived my entire life under this prohibition and I DO NOT want my kids, grandkids and great grandkids living with the war on the American people. Time for it to stop.. JUST SAY NOW.. to end the war on drugs ( the American people). The War on Drugs is destroying families.
We deserve the freedom of choice… just ask a Vet. God Bless , Peace