Milwaukee aldermen cite fairness in easing marijuana punishment

The following is taken from the May 14, 1997 edition of the Milwaukee Journal Sentinel.

Milwaukee aldermen cite fairness in easing marijuana punishmentNorquist OKs making pot possession a municipal matter, as it is in suburbs

By Mike Nichols of the Journal Sentinel staff

May 14, 1997

At a time when politicians of all stripes preach punishment and take a hard line against drug offenders, the Common Council voted 9-8 Tuesday essentially to decriminalize small amounts of marijuana.

Mayor John Norquist immediately signed the legislation into law, and a spokesman for him called it “reasonable.”

“It is fair to the citizens of Milwaukee,” said Norquist aide Jeff Fleming, “and with the penalty provisions in the ordinance, this new law maintains firm consequences for anyone convicted of marijuana possession.”

Council members were split as to whether the move was a foolish retreat from the war on drugs or a gutsy stand against excessive penalties.

Proponents of decriminalization argue that, like it or not, many people in society have used marijuana and gone on to successful and productive lives.

Until now, that’s been easier in the suburbs, where first-time offenders — often wealthier, white youths — are usually given municipal tickets and a second chance. In Milwaukee, offenders who often are African-American have been subject to criminal penalties and records that can bear a lifelong stain.

Ald. Michael Murphy, sponsor of the decriminalization, said his position “is not politically popular, but quite honestly it is an issue of fundamental fairness.”

Opponents countered that decriminalization is not an issue of color, but of right and wrong. They worry about the message being sent to children, but also cite more tangible concerns such as the use of marijuana as a gateway drug and the effects on healthy bodies of what some argue is increasingly potent pot.

Ald. James Witkowiak said he is not opposed to giving someone a break for a first offense, but he questioned whether those who are labeled first-time offenders are really novices. Most start using marijuana, he suggested, long before they are caught by police.

“If anything,” he said, “we should lobby the suburbs to change their laws to match ours.”

The ordinance passed Tuesday allows prosecutors to charge 25 grams or less of marijuana as a municipal ordinance violation rather than a crime. Fines will range from $250 to $500 or imprisonment of up to 20 days. Offenders would also have the option of performing community service or getting substance abuse education.

Prosecutors still could bring more serious charges under state law, so technically Murphy’s proposal is not outright decriminalization. District Attorney E. Michael McCann supports the ordinance, however, and has indicated he would prefer that charges be brought in municipal court. McCann was a key topic of discussion Tuesday.

Aldermen said they were unable to get clear statistics regarding prosecutions, but Ald. Thomas Nardelli suggested McCann might be “dumping” some of his workload on the municipal courts. Ald. Daniel Schramm said he thought aldermen were being “snookered” by the district attorney’s office.

Ald. Fred Gordon took exception to the remarks, defended McCann and said the issue is one of fairness and equality. McCann could not be reached Tuesday evening, but he has said he supports the ordinance because of inequities between how similar cases are handled in the suburbs and the city. His office also has denied that the issue has anything to do with workload.

Tuesday was not the first time the Common Council has voted in favor of decriminalization. In 1985, aldermen did the same thing, but Mayor Henry Maier vetoed it.

source: http://www.madisonnorml.org/blog/archives/000291.php