Madison NORML

Source: Winona Daily News
Pubdate: 19 April 2010

BUFFALO COUNTY CONSIDERS MARIJUANA ORDINANCE

A proposed Buffalo County ordinance would make it possible to fine first-time marijuana offenders rather than charge them in criminal court.

An ordinance being drafted by the county's law enforcement committee says first-time offenders caught with small amounts of marijuana or pot drug paraphernalia could be fined $100 to $500.

If charged with a small-quantity misdemeanor offense, the penalty now is normally a $330 fine and a year of probation.

Treating first offenses similarly to tickets for traffic violations would free up the court system to avoid criminal prosecutions and relieve probation officers of supervising low-risk offenders.

Buffalo County District Attorney Tom Clark said the ordinance would be a tool in dealing with young offenders rather than charging them with a criminal offense carrying lifelong implications.

The ordinance would give first-time offenders in possession of up to 14 grams of marijuana a second chance to keep a drug crime off their records.

The ordinance would give law enforcement officers and the district attorney discretion to cite an offender with an ordinance fine or charge them with a misdemeanor under state law.

A misdemeanor offense for a small amount of marijuana or paraphernalia could still stick on a person's record.

The proposal has support from the county sheriff's department, district attorney, circuit judge, public defender's office and county law enforcement committee.

Buffalo County Sheriff Michael Schmidtknecht said the ordinance also would take some pressure off the county jail.

The jail is frequently near its capacity for holding inmates. As the law now stands, a person with a small amount of pot is arrested and taken into custody.

More than 50 other counties in Wisconsin already have similar ordinances, making it a simple forfeiture fine for first-time possession of small quantities of marijuana or related paraphernalia.

Still, in Wisconsin a second-time offender could be charged with a felony if caught with any amount of marijuana or drug paraphernalia.

Buffalo County Sheriff's Investigator Lee Engfer said 14 grams is about enough to make seven marijuana cigarettes.

Engfer and officers Colin Severson and Mike Osmond said they see possession of more than 14 grams as evidence of having more pot than necessary for personal use.

By having a county pot ordinance, the county also can retain more of the fine money, officials said.