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November 28, 2007
"Society has changed" -- Waukesha County decriminalizes first-time marijuana possession cases
Posted by Gary Storck
Wednesday, November 28, 2007
Waukesha County has finally joined the ranks of Wisconsin counties that have adopted decriminalization ordinances. The 27-4 vote by the County Board removed one of the last vestiges of the harsh enforcement practiced by former Waukesha County District Attorney Paul Bucher and his predecessors. As most of the state’s most populous counties adopted county ordinances, Waukesha County clung to treating minor cannabis possession cases as crimes. This vote finally brings the county into step with most of the rest of the state, which has already quietly decriminalized minor possession at the county and municipal levels.
Waukesha County eases pot penalty
Those caught in possession can be cited, not charged
By SCOTT WILLIAMS
From the Nov. 28, 2007 editions of the Milwaukee Journal Sentinel click here
Waukesha - Marijuana possession in Waukesha County for first-time offenders soon will be handled like a traffic offense rather than a crime.The Waukesha County Board voted Tuesday to decriminalize such possession cases, with the maximum penalty a $1,000 fine.
Previously, all such cases were handled as misdemeanor offenses, punishable by up to six months in jail.
Milwaukee County and several municipalities already have decriminalized first-time possession as a way to ease punishment for offenders and relieve court congestion.
Some officials in Waukesha County, however, opposed the move as contradictory toward urging children and others to avoid illicit drug use.
The measure passed on a 27-4 vote.
Supervisor Rodell Singert of Vernon opposed the change, urging his colleagues to remember the anti-drug-abuse message of "Just say no."
"Let's get back to reality," he said. "There's a slippery slope here that needs to be reinforced by a severe punishment."
Others said decriminalization reflects the reality that small-time marijuana use is commonplace and no longer is widely regarded as criminal conduct.
"Society has changed," said Supervisor Jean Tortomasi of Waukesha.
With the change, sheriff's deputies will have the option of writing first-time offenders citations rather than arresting them and seeking criminal charges from the district attorney's office.
Charges still could be sought against repeat offenders, those caught with a large quantity of marijuana, or those believed to be drug dealers.
Both District Attorney Brad Schimel and Sheriff Daniel Trawicki supported decriminalization.
"We should listen to the professionals," said Supervisor William Mitchell of the Town of Waukesha.
Not only does the change mean a new way of handling certain drug cases, it means that any revenue from fines will stay in Waukesha County.
Previously, most revenue went to the state because the district attorney technically is a state employee.
The Sheriff's Department has budgeted for about $37,000 in fines next year expected to be generated through drug citations.
Supervisor Patricia Haukohl of Brookfield said the change will ease the paperwork, caseload and other administrative overhead for those in the criminal justice system.
She added: "It helps the D.A. get to the more serious cases."
Posted by Gary at November 28, 2007 09:52 AM
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