AFTER 30 YEARS, ANOTHER PUSH TO RELAX POT LAWS

MADISON - Thirty years ago, Madison was at the forefront of the effort
to bring the nation's marijuana laws in line with growing public
opinion that, among adults, smoking a joint is akin to drinking a beer.

But after three decades, Madison's historic ordinance permitting
possession of small amounts of marijuana remains at odds with state
and federal laws, putting city police in a difficult position.

And Madison advocates are still pushing for Wisconsin to join other
states that have relaxed their laws against pot.

"Once again, from the bottom up, we're seeing an upswing in activism,"
said Gary Storck, co-founder of the Madison chapter of the National
Organization for the Reform of Marijuana Laws and a medical marijuana
activist and patient.

On April 5, 1977, Madison voters passed what is now the nation's
second-oldest municipal ordinance still on the books decriminalizing
possession of small amounts of marijuana.

The binding referendum - which made its way onto the ballot after
proponents obtained 8,800 signatures - went beyond an ordinance the
City Council adopted just two months earlier by eliminating any
penalty for private possession of small amounts of pot.

Minutes after the February law was adopted, "several persons lit up
marijuana cigarets in a hallway outside the council chambers," the
State Journal wrote at the time.

By the time Madison's referendum passed, five states - Oregon,
Colorado, Alaska, Ohio and California - had decriminalized pot.
Madison's ordinance also followed a similar measure in Ann Arbor,
Mich., the oldest municipal decriminalization law still in existence.

"Relaxed Atmosphere"

Madison's ordinance 23.20 allows possession of up to 112 grams of
marijuana - just under four ounces, or about 112 joints - or up to 28
grams of cannabis resin, or hashish, in a private place.

It prohibits possession in a public place without a prescription or
order from a physician or other practitioner, violations of which are
subject to a $109 fine. Selling the drug is also still prohibited.

But Madison police Lt. Sandy Theune, commander of the Dane County Drug
Task Force, questions whether it would be appropriate for city police
to say, "Hey, just feel free" - even in a private home.

"It's still not 100 percent legal," because of state and federal law,
Theune said, but "I think it's pretty well known that there's
something of a relaxed atmosphere about marijuana in Madison."

Still, Theune said, police are likely to confiscate marijuana, and,
depending on the circumstances, could seek to press charges under
state law. "There's not always a black-and-white answer to what will
an officer do."

"It depends on who it is . . . on both sides," said Ben Masel, a
fixture on the marijuana legalization front for decades.

Discretion ultimately rests with the district attorney's office, which
determines whether to file charges under state law. In March, District
Attorney Brian Blanchard, citing a lack of resources, said his office
will no longer file criminal charges against individuals possessing
less than 25 grams of marijuana - just under an ounce, or about 25
joints.

Public use has declined dramatically in Madison in the years since the
passage of the city ordinance decriminalizing pot, as federal
authorities have continued to crack down on marijuana as part of the
"war on drugs," Storck said.

"Back then, Madison was a lot more free about cannabis," he said,
adding that it was common to walk into the Memorial Union Rathskeller
and find people smoking pot in a corner. "Everybody was doing it."

Anniversary

But not everybody agreed on its effect.

Despite a national task force report in 1972 that recommended
decriminalizing pot for personal use, the federal Drug Enforcement
Administration has steadfastly opposed relaxing the law.

Such moves, the DEA said, would hurt children and public safety by
creating increased dependency and treatment needs and open the door to
the use of other drugs, while increasing health risks, delinquent
behavior and impaired driving. It also argues that the potency of
marijuana today is much greater than it was in the 1970s.

Advocates such as Storck counter that there was potent pot back then,
and he likened responsible marijuana use by adults to using alcohol or
tobacco.

Storck is hoping the anniversary of Madison's ordinance will renew
debate, as well as support for changing state law.

About 50 people attended a 30th anniversary celebration of the
ordinance last week at a Williamson Street cafe.

The commemoration was marked not with raucous chants or
demonstrations, but with a PowerPoint presentation on events leading
up to passage of the law. A band performed "cannabis tunes," including
Bob Dylan's "Rainy Day Women #12 and 35" with the popular refrain
"everybody must get stoned" for the laid-back audience, some of whom
stepped outside to smoke pot.

Despite federal prohibitions, other states and municipalities have
followed in Madison's footsteps. Twelve states have now decriminalized
marijuana for personal use, and 12 states - many of the same ones -
have legalized marijuana for medical use.

There are now 29 bills pending in 19 states to decriminalize marijuana
or allow its medical use, said Allen St. Pierre, executive director of
NORML.

"Today is the busiest period ever in marijuana reform," St. Pierre
said.

"Sky Has Not Fallen"

Madison's experience has played a role in the passage of marijuana
reform in other cities and states, he said.

"The sky has not fallen," St. Pierre said. "They are still productive
people. The children are born with 10 fingers and 10 toes."

A Zogby poll commissioned by NORML in March found that 49 percent of
Americans supported removing criminal penalties for the personal use
of marijuana by adults, while 48 percent were opposed. The telephone
survey of 1,078 likely voters nationwide was conducted Feb. 22-24. The
poll has a margin of error of plus or minus 3 percentage points.

In Wisconsin, Storck said, "There's some very hopeful things
happening."

Last year, then-Rep. Gregg Underheim, R-Oshkosh, introduced a medical
marijuana bill after he was diagnosed with cancer, but the bill did
not make it out of committee in the Republican-controlled chamber.
This year, Rep. Mark Pocan, D-Madison, said he plans to join Rep.
Frank Boyle, D-Superior, in introducing similar legislation.

Sen. Jon Erpenbach, D-Middleton, chairman of the Senate Health and
Human Services Committee, said he plans to hold a hearing on medical
marijuana in the Democratic-led Senate this fall.

But Rep. Leah Vukmir, R-Wauwatosa, who chairs the Assembly Committee
on Health and Healthcare Reform, said she will continue her opposition
to medical marijuana because of concerns about its safety.

Vukmir, a nurse, said she believes it is better for patients to use
medications that have been approved or may soon be available than to
have people grow their own marijuana.

"I will refuse to put members through the circus of a hearing for a
bill that is not going to go anywhere," Vukmir said. "This is nothing
more than a backdoor attempt to legalize marijuana, which is not going
to happen on my watch."