Milwaukee aldermen cite fairness in easing marijuana punishment

Norquist OKs making pot possession a municipal matter, as it is
in suburbs

By Mike Nichols of the Journal Sentinel staff
May 14, 1997

At a time when politicians of all stripes preach punishment and
take a hard line against drug offenders, the Common Council voted
98 Tuesday essentially to decriminalize small amounts of marijuana.

Mayor John Norquist immediately signed the legislation into law,
and a spokesman for him called it "reasonable."

"It is fair to the citizens of Milwaukee," said Norquist aide
Jeff Fleming, "and with the penalty provisions in the ordinance,
this new law maintains firm consequences for anyone convicted of
marijuana possession."

Council members were split as to whether the move was a foolish
retreat from the war on drugs or a gutsy stand against excessive
penalties.

Proponents of decriminalization argue that, like it or not, many
people in society have used marijuana and gone on to successful
and productive lives.

Until now, that's been easier in the suburbs, where firsttime
offenders often wealthier, white youths are usually given
municipal tickets and a second chance. In Milwaukee, offenders who
often are AfricanAmerican have been subject to criminal penalties
and records that can bear a lifelong stain.

Ald. Michael Murphy, sponsor of the decriminalization, said his
position "is not politically popular, but quite honestly it is an
issue of fundamental fairness."

Opponents countered that decriminalization is not an issue of
color, but of right and wrong. They worry about the message being
sent to children, but also cite more tangible concerns such as the
use of marijuana as a gateway drug and the effects on healthy
bodies of what some argue is increasingly potent pot.

Ald. James Witkowiak said he is not opposed to giving someone a
break for a first offense, but he questioned whether those who
are labeled firsttime offenders are really novices. Most start using
marijuana, he suggested, long before they are caught by police.

"If anything," he said, "we should lobby the suburbs to change
their laws to match ours."

The ordinance passed Tuesday allows prosecutors to charge 25 grams
or less of marijuana as a municipal ordinance violation rather than
a crime. Fines will range from $250 to $500 or imprisonment of up
to 20 days. Offenders would also have the option of performing community
service or getting substance abuse education.

Prosecutors still could bring more serious charges under state law,
so technically Murphy's proposal is not outright decriminalization.
District Attorney E. Michael McCann supports the ordinance, however,
and has indicated he would prefer that charges be brought in municipal court.
McCann was a key topic of discussion Tuesday.

Aldermen said they were unable to get clear statistics regarding
prosecutions, but Ald. Thomas Nardelli suggested McCann might be
"dumping" some of his workload on the municipal courts.
Ald. Daniel Schramm said he thought aldermen were being "snookered"
by the district attorney's office.

Ald. Fred Gordon took exception to the remarks, defended McCann and
said the issue is one of fairness and equality. McCann could not be
reached Tuesday evening, but he has said he supports the ordinance
because of inequities between how similar cases are handled in the
suburbs and the city. His office also has denied that the issue has
anything to do with workload.

Tuesday was not the first time the Common Council has voted in favor of
decriminalization. In 1985, aldermen did the same thing, but Mayor
Henry Maier vetoed it.