County Marijuana Ordinance Allows Enforcement Options

[XLE420]

La Crosse County’s new marijuana ordinance is not a slippery slope toward decriminalization of drug use.

Instead, it’s a way to give law enforcement another option in dealing with first-time offenders caught with small amounts of marijuana.

La Crosse County Board members passed the new county ordinance at their meeting last week. It allows first-time marijuana possession of small amounts of the drug to be treated as a county ordinance violation — amounting in a fine, but not a criminal record — instead of a state criminal charge for misdemeanor possession.

The proposal was supported by county and municipal judges, and opposed by the La Crosse Police Department and District Attorney Scott Horne.

Police officers made the “slippery slope” argument, and said the county ordinance sends the wrong message that some drug possession is not a crime.

Horne said the way he handles small amounts of marijuana — by charging the person with a criminal misdemeanor, but then expunging their record if they successfully complete community service and drug assessment requirements — is a better way to handle first-time offenders.

Judge John Perlich, who presides over the county’s drug court and has advocated the marijuana ordinance for several years, said that it is a matter of how best to use county resources to deal with low-level offenders.

He showed county board members four criminal complaints for minor possession, all of which involved considerable time being filed and processed by clerks.

“All this for a low-risk offender,” Perlich said. “All this costs you, the taxpayer, a lot of money.”

Onalaska has treated first-time possession of small amounts of marijuana as an ordinance violation for 20 years, and Police Chief Randy Williams said it has not created problems in that city.

Onalaska fines the offender $424, but then reduces that fine to $235 if the offenders complete a drug assessment.

In 2001, Williams said, “I hear the concerns that it appears we’re decriminalizing. My view is that we’re being fair in our punishment of first-offense possession of small amounts of marijuana.”

The new ordinance gives law enforcement officers an additional tool, if they choose to use it, for the lowest level of offenders. Officers still retain the option of charging as a state offense.

It makes sense, and makes for a wiser use of public resources in dealing with low-level offenses in which public safety is not threatened.


Newshawk: SX420 - 420 Magazine
Source: La Crosse Tribune
Author: Tribune editorial board
Copyright: 2006 The La Crosse Tribune
Contact: news@lacrossetribune.com
Website: La Crosse Tribune - 6.0