CRITICS WORRY POT ORDINANCE TRIVIALIZES DRUGS

The Marathon County Board last week approved a new marijuana possession
ordinance that proponents hope will bring more money to the county and give
first-time offenders a second chance without the taint of a criminal
record. Others worry the ordinance sends mixed messages about drug use.

In the past, anyone caught possessing marijuana in the county faced at
least a misdemeanor criminal charge under state statutes.

The county ordinance, effective once it is published, likely within two
weeks, allows Sheriff's deputies and some municipal police to charge
first-time offenders caught with 25 grams of marijuana or less with a civil
violation.

At least half of the money generated by state fines stays at the state
level, while almost all of the money from civil violations would go to the
county, officials said.

"I'm frankly more concerned with the issue of not putting a mark on a
person's record for something rather trivial," particularly in cases
involving juvenile offenders, said County Administrator Mort McBain.

Sheriff Randy Hoenisch said his deputies initially will use the county law
in cases involving youths, though it also can apply to adults. Arresting
officers still have a choice between filing a county or state charge.

The Sheriff's Department made 54 marijuana possession arrests in 1999, the
most recent year statistics are available from the state Office of Justice
Assistance. Overall, police made 172 marijuana arrests in the county that year.

"I think it's a great start," attorney Mike Moran of the state Public
Defender's office in Wausau said of the new ordinance. "Juveniles can get
involved with treatment but without being labeled delinquent with a first
offense." Moran said he also hopes it will free up more resources to pursue
drug dealers rather than casual users.

The Sheriff's Department will be the primary enforcer of the ordinance,
which does not pertain to cities and villages with their own municipal
court, such as Wausau and Rothschild.

"I think it kind of trivializes things," said Wausau Police Chief William
Brandimore. "From my perspective either we should legalize it or prosecute
it." Brandimore likened the ordinance to a "free pass" for first-time
offenders who might think they have nothing more to lose than some cash,
and the county's financial concerns don't justify a change.

"That's a lousy way to raise money," Brandimore said. "If that's the
rationale (for passing the ordinance) I'm kind of disappointed in that
outlook." Marathon County prosecutors already have some penalty
alternatives in marijuana cases, said Assistant District Attorney Karl
Kelz, who specializes in drug cases.

In minor, first-offense marijuana convictions, Kelz said he typically
requests a $200 fine, court costs and a six-month driver's license
suspension, but he also might offer a one-year conditional discharge, after
which the criminal charge is amended to civil forfeiture.

The ordinance might reflect increased debates over marijuana law on topics
ranging from legalization to medicinal marijuana, he said.

"I think it goes to social mores and what the community wants," Kelz said.
"Let's not mix messages. What are we telling the community?" Four or five
years ago, if you got caught with marijuana you could expect a few days
jail time, he said. Under conditions of the ordinance, it is no longer even
criminal. Although Kelz said he does not agree with the ordinance, he
conceded that it might be an appropriate charge for some juveniles with no
prior record.