The new Milwaukee ordinance reducing fines for possession of less than 25 grams of cannabis to $0-50, which Mayor Tom Barrett quietly signed on June 11, takes effect June 19, according to Milwaukee’s Legislative Reference Bureau.
The new ordinance first had to be published by the City Clerk, which happened June 18. Milwaukee’s Common Council passed the ordinance on June 2 by a 10-3 vote, ending a long debate that began when the ordinance was first introduced in 2014. Mayor Barrett then had seven working days to sign it, veto it, or take no action and allow it to become law.
Below is the Milwaukee cannabis ordinance with the section with the new fine amount in bold italics from Chapter 106 of the Milwaukee Code of Ordinances:
106-38. Possession of Marijuana.
1. DEFINITIONS. In this section, “marijuana” and “practitioner” shall be defined as in s. 961.01(14) and (19), Wis. Stats., respectively.
2. PROHIBITED. No person may possess marijuana unless the marijuana was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice or except as authorized by ch. 961, Wis. Stats.; except that in accordance with s. 66.0107(1)(bm), Wis. Stats., if a complaint is issued regarding an allegation of possession of more than 25 grams of marijuana, or possession of any amount of marijuana following a conviction in this state for possession of marijuana, the subject of the complaint may not be prosecuted under this section for the same action that is the subject of the complaint unless the charges are dismissed or the district attorney declines to prosecute the case.
3. PENALTY. Any person violating this section shall upon conviction:
a-1. Forfeit not less than $0 nor more than $50, or, in default of payment, may be imprisoned as provided by law.
a-2. Forfeit not less than $250 nor more than $500, or, in default of payment maybe imprisoned as provided by law if a person is convicted of smoking marijuana in a public place.
b. Be permitted to perform community service work and attend substance abuse education and counseling in lieu of paying the forfeiture under par. a.