Marijuana in Milwaukee. An overview of municipal marijuana policy in Milwaukee and other U.S. cities

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1 Marijuana in Milwaukee An overview of municipal marijuana policy in Milwaukee and other U.S. cities

2 Federal Marijuana Laws Decriminalized Legalized Medical Medical & Decriminalized Prohibition

3 Marijuana Laws in Milwaukee 25 Grams or Less 1 st Offense - muni ticket ($250-$500) 2 nd & Subsequent Offense - charged under state law Court Fees & Surcharges Court Clerk (city) $33 Jail Assessment (county) 1% State Clerk (state) $5 State Crime Lab (state) $13 State Surcharge (state) 26% Forfeiture of $266 Total Fine of $396 Forfeiture of $50 Total Fine of $124

4 Marijuana Laws in Milwaukee 1 st Time Marijuana Possession Cases January 2012 March ,554 total (first-time) marijuana possession cases 12 cases (11 individuals) resulted in jail sentences

5 Marijuana Laws in Milwaukee 1 st Offense Fine Payments Partial Payments 14% Paid in Full 28% No Payments Made 58% 0% 25% 50% 75% 100%

6 Marijuana Laws in Milwaukee 2 nd & Subsequent Offenses

7 Marijuana Laws in Milwaukee Policy Issues Racial disparity of convictions: 2 nd & subsequent 100% 75% 50% 25% All Other Races African American 0% Marijuana Convictions Population Totals

8 Marijuana Laws in Milwaukee Policy Issues City vs. suburbs typical fines for 1 st time possession City of West Allis $1,321 Village of Whitefish Bay $691 Village of Bayside $691 City of Franklin $534 City of Milwaukee $396 Village of Shorewood $376 City of Wauwatosa $150 $0 $500 $1,000 $1,500

9 Marijuana Laws in Milwaukee Policy Issues Lack of diversion opportunities Unpaid Fines, Incarceration, and Driver s License Suspensions Public resources used for enforcement Consistency of enforcement

10 Marijuana Laws in Milwaukee Policy Issues Lack of diversion opportunities Unpaid Fines, Incarceration, and Driver s License Suspensions Public resources used for enforcement Consistency of enforcement

11 Marijuana Laws in Milwaukee Policy Issues Lack of diversion opportunities Unpaid Fines, Incarceration, and Driver s License Suspensions Public resources used for enforcement Consistency of enforcement

12 Marijuana Laws in Milwaukee Policy Issues Lack of diversion opportunities Unpaid Fines, Incarceration, and Driver s License Suspensions Public resources used for enforcement Consistency of enforcement

13 Marijuana Laws in Other U.S. Cities Adjusting Law Enforcement Priorities Seattle, WA 2003 ballot measure - marijuana-related activities the lowest law enforcement priority San Francisco, CA 2006 vote by Board of Supervisors - marijuanarelated activities the lowest law enforcement priority Nashville, TN 2015 ballot initiative - prevents tax dollars from being spent on criminal prosecution of < 2 oz.

14 Marijuana Laws in Other U.S. Cities Possession as a civil offense Ann Arbor, MI 1974 ballot initiative - 1 st offense possession $25 fine, 2 nd offense $50 fine, and 3 rd /subsequent $100 fine Santa Fe, NM 2014 City-passed ordinance - possession of up to 1 oz results in a maximum civil fine of $100 Philadelphia, PA 2014 City-passed ordinance - possession of < 30 grams is a non-criminal citation and $25 fine

15 Marijuana Laws in Other U.S. Cities Eliminating penalties for possession Madison, WI 1977 City-passed ordinance possession of < 112 grams allowed in private place Portland, ME Washington, DC 2013 ballot initiative public or private possession of up to 2.5 oz and private use allowed for adults 2014 ballot initiative possession of up to 2 oz and home growth of up to 6 plants allowed for adults

16 Marijuana Laws in Other U.S. Cities Major Midwest Cities Chicago, IL Possession of < 0.5 oz may result in $250-$500 fine for 1 st offense, $500 fine for 2 nd & subsequent St. Louis, MO Detroit, MI Possession of < 35 grams for 1 st or 2 nd offense results in summons; fines range from $100 - $500 Adults can possess up to 1 oz on private property with no penalties

17 Policy Options For those who believe marijuana has limited effects when compared to other drugs Full legalization on municipal level would be unlikely given federal/state restrictions on commercial sale Could attempt to legalize private possession of small amounts similar to Detroit or Madison

18 Policy Options For those who believe resources spent on marijuana enforcement should be directed to higher law enforcement priorities Could pursue lowest law enforcement priority approach, but is that enforceable? Could attempt to legalize possession of small amounts or expand the universe of violations subject to municipal citation

19 Policy Options For those who believe existing marijuana laws/policies result in racial disparities and barriers to employment Could pursue de-prioritization, decriminalization, or de-penalization Expanding universe of small-scale violations subject to municipal citation might be most realistic and effective

20 Conclusion Other important perspectives not addressed in this report, including public safety and public health Yet, initial research and national scan reveal several considerations that justify review of current marijuana laws and policies Next report to be released by end of 2015 will dig deeper into justice system data to assess policy and fiscal issues and possible need for change

21 Conclusion Other important perspectives not addressed in this report, including public safety and public health Yet, initial research and national scan reveal several considerations that justify review of current marijuana laws and policies Next report to be released by end of 2015 will dig deeper into justice system data to assess policy and fiscal issues and possible need for change

22 Conclusion Other important perspectives not addressed in this report, including public safety and public health Yet, initial research and national scan reveal several considerations that justify review of current marijuana laws and policies Next report to be released by end of 2015 will dig deeper into justice system data to assess policy and fiscal issues and possible need for change

23 publicpolicyforum.org