cannabisnews.com: Judges, Police Weigh Options for Marijuana Law Judges, Police Weigh Options for Marijuana Law Posted by FoM on June 18, 2001 at 20:31:40 PT By Reid Magney of the Tribune Staff Source: La Crosse Tribune La Crosse County judges are pursuing their request to make first-offense marijuana possession a local ordinance violation. But District Attorney Scott Horne, who opposes it, also is moving ahead with an alternative education and treatment program with a local hospital under existing misdemeanor marijuana laws. Many La Crosse police officers also don't support the judges' idea. "Our agency, from the chief on down, is opposed," said Sgt. Roger Barnes, coordinator of the La Crosse Police Department's DARE program. "I fully support the district attorney's program." It could be months before the La Crosse County Board and the La Crosse Common Council consider the judges' request. If they do pass marijuana ordinances similar to the one used in Onalaska, local police and sheriff's deputies could have two alternatives for first-time offenses: issue a citation or arrest the suspect under state law. At a recent judges' meeting, all five circuit court judges voted unanimously to ask the La Crosse County Board and the La Crosse Common Council for a marijuana ordinance, said Judge John Perlich, who is spearheading the proposal. "I agree 100 percent," said La Crosse Municipal Judge Dennis Marcou, who would hear marijuana cases if the common council approved an ordinance. State law allows counties and municipalities to pass their own ordinances for some crimes and traffic violations, including first-offense possession of grams or less of marijuana. Violations are prosecuted in a municipal court by a city or county attorney, not a district attorney. Attorney Steve Doyle said the penalties are similar whether it's a state or local offense. The difference, he said, is that the local government keeps all the fines for ordinance violations, rather than having to send 90 percent to Madison. Onalaska police have written tickets for first-offense marijuana cases for more than a decade. But elsewhere in La Crosse County, when someone is caught with marijuana or marijuana paraphernalia, he or she is arrested and booked at the jail. The district attorney's office usually charges the person with misdemeanor possession under state law. Because the person faces up to six months in jail for a first offense, he or she is entitled to an attorney, which might to be appointed at county expense if the person doesn't qualify for a public defender. Perlich said that often costs $250 for a routine case. Perlich said he's never heard of anyone getting a jail sentence for first-offense marijuana possession. Instead, the judges usually give a fine of $270, plus court costs, and suspend the defendant's drivers license for six months. If the defendant is younger than 21 and it is a first offense, the record can be expunged after the defendant pays the fine and completes the six-month license suspension. In 2000, 215 of the 243 misdemeanor drug cases closed in La Crosse County Circuit Court were for possession of marijuana or paraphernalia, Perlich said. The standard forfeiture or fine in Onalaska is $399, though Onalaska Municipal Judge John Brinckman said he will consider lowering the fine in some situations. State law doesn't allow a municipal judge to suspend driving privileges for marijuana possession. In addition to the costs to prosecute in circuit court, Perlich said, there's the question of seriousness of a first-time possession offense. If someone drives drunk and gets caught for the first time, the charge is operating while intoxicated, a local ordinance violation. Smoke a joint at home and get caught for the first time, however, and it's a misdemeanor charge. "The punishment ought to fit the crime, and I don't think it does," Perlich said. "It doesn't send the wrong message. The whole world hasn't gone to hell in Onalaska." Perlich said many other counties and municipalities in Wisconsin handle marijuana possession as an ordinance violation. Because Onalaska does, it's not fair for someone to be charged differently in different jurisdictions, he said. Barnes argued that government "spends a fair amount of money to reduce the amount of young people who use drugs" through the Drug Abuse Resistance Education program, as well as GREAT, the anti-gang program. Using a local ordinance "diminishes that message about the seriousness of marijuana usage," Barnes said. "It's the first step down a slippery slope," Barnes said. "We're decriminalizing marijuana. What are we going to decriminalize next, cocaine?" "I hear the concerns that it appears we're decriminalizing," said Onalaska Police Chief Randy Williams, "My view is that we're being fair in our punishment of first-offense possession of small amounts of marijuana." Despite Barnes' assertion that the entire La Crosse Police Department opposes a marijuana ordinance, one patrol officer said several of his colleagues would like the discretion to use an ordinance. Recently, police arrested a young man for shooting a BB gun in the city, which would have been an ordinance violation. But he had a marijuana pipe with residue on him, so they had to charge him with misdemeanor marijuana possession and a misdemeanor state weapons violation so it could be handled in the same court. Barnes said local ordinances can cause problems for officers checking whether a suspect has been previously convicted of marijuana possession. When someone is arrested under the state law, it goes into the state computer system, but only local records are kept for an ordinance violation. "Those records do not speak to each other," Barnes said. Those sorts of record-keeping concerns and opposition from DARE officers killed a 1991 proposal for a county marijuana ordinance by Doyle, a La Crosse County supervisor. "I think it will pass easily with the support of the judges and most law enforcement," Doyle said. "We need to educate the county board that we're not decriminalizing marijuana." DA Horne's Alternative Plan Includes Treatment, Education: By Reid Magney of the Tribune StaffEven though local judges are pushing for a change in local marijuana laws, they've also approved District Attorney Scott Horne's diversion plan. A group that includes judges, treatment providers, public defenders, law enforcement and the county's Justice Sanctions department came together to develop the program, Horne said. "The goal was to come up with a program that combines enforcement action with a mechanism for education." Until last week, the standard penalty for first-offense marijuana possession did not include any treatment or education, he said. Under Horne's program, after a person is arrested and appears in court, the district attorney's office will delay filing charges for eight weeks. That gives the defendant the opportunity to go through an education and basic assessment program at Gundersen Lutheran Medical Center at a cost of $75. The program involves two two-hour sessions. Once a defendant successfully completes that program, he or she comes back to court and has the option of making a $75 donation to the DARE program or doing 15 hours of community service, Horne said. "If they do that within eight weeks, then our office will decline to pursue marijuana charges," Horne said. "This achieves many of the goals of the ordinance," Horne said. "The judges are looking for a more expeditious procedure. It meets that goal because the proceedings take place before charging." Because the person hasn't been formally charged with a crime, the rights to a court-appointed attorney haven't kicked in yet, he said, which also would save the county money. Source: La Crosse Tribune (WI)Author: Reid MagneyPublished: June 18, 2001Copyright: 2001, The La Crosse TribuneContact: letters lacrossetribune.comWebsite: http://www.lacrossetribune.com/Related Article & Web Site:Drug Policy Forum of Wisconsinhttp://www.drugsense.org/dpfwi/Judges Push To Make MJ Possession a Citation http://cannabisnews.com/news/thread10095.shtmlCannabisNews Articles - Decriminalizationhttp://cannabisnews.com/thcgi/search.pl?K=decrim Home Comment Email Register Recent Comments Help Comment #2 posted by Cuzn Buzz on June 19, 2001 at 08:32:43 PT Cash Cow What we are seeing here is a bunch of people who live off the public teat who are scared to death that the free ride is bumping to a halt.Polish the d.a.r.e. mobile indeed.They need to junk that rust-bucket! [ Post Comment ] Comment #1 posted by dddd on June 19, 2001 at 02:03:40 PT Absolutely surreal and freaky! ..A number of choice tidbits stood out in this report.......;>"Perlich said he's never heard of anyone getting a jail sentence for first-offense marijuana possession. Instead, the judges usually give a fine of $270, plus court costs, and suspend the defendant's drivers license for six months. If the defendant is younger than 21 and it is a first offense, the record can be expunged after the defendant pays the fine and completes the six-month license suspension. "$270 bucks,and six months license suspension?!.....I'd almost prefer jail,,,,,andwhat kind of weird,unjust hudu is it to let the 20 year old get a clean record,butthe 22 year old gets branded for life???...If they can try kids as adults for murder,why not try adults as kids for weed?????>"Once a defendant successfully completes that program, he or she comes back to court and has the option of making a $75 donation to the DARE program or doing 15 hours of community service, Horne said. "A donation to DARE as part of a penalty,,,??This is beyond twisted!!...What if the poor sonuvabitch decides on the 15 hours of community service???Will he have to gomow the lawns of DARE officers?,,,will it require washing and waxing the localDAREmobile SUV,and Armoralling the tires???....Or perhaps the offender could jointhe local DARE guy for one of his sessions in Mr Jones 4th grade class,and the childrencan watch as officer Sluggo belittles him in front of the class,,,,yes,,that will teach 'em..How long before "treatment" will involve some sort of public humiliation,or "witch dunking"test?..It would not be that suprizing to see the 'stocks' return to the town square as partof the more humane and effective "treatment".............DisallusionedDisgustedDisinfranchisedDisorientated [ Post Comment ] Post Comment