Legalizing marijuana?

The Herald-Independent 
Members of the Monona Public Safety Commission appear to be leaning toward legal possession and use of marijuana by adults in a private setting.
At a Jan. 27 meeting, commissioners debated whether to lower the fine for use or possession from the current $313 to $1 or eliminate the issue completely from the city’s code, leaving state and federal enforcement as the only options. The use and possession of marijuana would be legalized in private homes, and the $1 fine would be for those using in public places.
Nate Petreman of Monona is president of Madison NORML (National Organization for the Reform of Marijuana Laws).

He reminded commissioners that a 2010 advisory referendum to allow for the use of medical marijuana passed with 75 percent of the vote in Dane County and 78 percent in Monona. A 2014 advisory referendum to legalize marijuana in Wisconsin was approved by 65 percent of Dane County voters and 67 percent in Monona.

“This (the current) ordinance is contrary to how the people want to be governed, and it must be changed,” he said. “We’re ready to take action on this, and I’m here making the call to action.”

He noted that Dane County adopted a $1 fine in 2015, but he also said that unpaid fines can turn into bench warrants, contrary to what some may believe.

The $1 fine debate also included a discussion of whether the $1 would include court costs. If so, the total fine would be about $60. If not, any fines would actually cost the city money, as it would have to absorb the court costs itself.

Sgt. Detective Ryan Losby, who wrote the proposed changes to the ordinance, noted the nationwide trend to legalize marijuana and said he favored removing the law from the books.

“Thinking about it now, I don’t see a police officer writing a citation for a dollar and wasting the resources of us and the courts,” he said. “If there’s an interest in this, completely take it off the books except for the juvenile offenses … and lighting up in public.”

Losby said police have other, more substantial issues to deal with than marijuana use.

“We have a major, major heroin problem we’re dealing with every day,” he said.

Current city law also allows police to cite someone with a municipal citation for possession of less than 25 grams. Beyond that, a state charge would have to be filed, with charges pursued by the Dane County District Attorney’s Office. That office has indicated in the past it will not pursue such cases.

The proposed ordinance change does not have any limits on how much can be possessed.

It would also classify adults as those 21 and older, putting the legal use of marijuana on par with alcohol.

Last year, city police wrote 77 citations for possession and use of marijuana. Police Chief Walter Ostrenga said that if all citations were paid, it would mean $24,101 in revenue for the city. If the fine would be reduced to $1, the maximum revenue would be $77.

He also said it’s not always about the money, but he wanted the commission to be aware of it.
Alderman Brian Holmquist, who is chairman of the commission, said he did not want the city to keep the current ordinance simply to depend on that revenue.

He also said he believed a $1 fine including court costs is a mistake. As an alderman, he said he would not support the change if it meant that each citation would cost the city money.

“Either we think it’s a criminal offense or we don’t,” he said.

Ostrenga also noted that if the law is taken off the books, there is nothing the police can do if those who live in apartments complain about smell of marijuana coming into their apartments from those across or down the hall.

“I think you’re going to have a lot of unhappy apartment dwellers,” he said.

If the commission agrees to changes in the marijuana ordinance, it will also have to consider changes in two other ordinances – the first, regarding public consumption to prohibit the use of marijuana in public, and the second, removing language that prohibits the possession of marijuana paraphernalia.

All of the issues are expected to be discussed at the next meeting, set for Wednesday, Feb. 24.