Photo by Tyler Nelson
Sylvia Ortiz-Velez addressing the media at the Milwaukee County Courthouse
Supervisor Sylvia Ortiz-Velez, who represents District 12 on the Milwaukee County Board of Supervisors – and is also a member of the Wisconsin State Assembly member representing District 8 – proposes changes would reduce the fine for marijuana possession in Milwaukee County to no more than $1. The current Milwaukee County ordinance sets the fine for marijuana possession as “not less than $250 nor more than $500.” The resolution would only apply to possession of 25 grams or less, which is around 25 joints or less than a month’s supply if medically prescribed.
“To this day in many places in Wisconsin, possession of even a small amount can lead to a felony,” says Ortiz-Velez. “This resolution makes a major change to Chapter 24 of the Milwaukee Code of Ordinances.”
Several Parts
The goal of the adjustment is to support the achievement of racial equity, reduce opiate usage and reduce the financial burden of possession fines for county residents. While Gov. Tony Evers includes recreational and medicinal marijuana in the latest biannual budget proposal, if that doesn’t pass, at least the fines will be low if her proposal is adopted.
“Opiate addiction can be reduced by legalizing marijuana,” says Ortiz-Velez. “It’s considered medicine in over two-thirds of the states in our country.”
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Although there is a common usage rate for marijuana, Black Wisconsinites are over four times more likely to be arrested for possession, according to a study by the ACLU.
City of Glendale Mayor Bryan Kennedy stands by Ortiz-Velez in support of the proposal and applauds recently proposed legislation to reduce fine for marijuana statewide to $100. He believes that is a good starting point.
“We really do need to legalize marijuana in the state of Wisconsin,” says Kennedy. “If we’re not going to legalize, we at the local level need to do what Supervisor Ortiz-Velez and her colleagues have done at the county board […] essentially creating a de-facto decriminalization.”
Mayor Kennedy plans on introducing a similar ordinance in Glendale in the coming months and hopes that 2021 is the year that Wisconsin does the right thing for its citizens, especially those dealing with issues that are forced to use opioids.
“That is the epidemic in our country right now: the use of opioids,” says Kennedy. “We have to have a way to combat the opioid addiction and the way to do that is to follow the lead of dozens of other states that have approved full legalization or medical marijuana usage.”
Kennedy stresses that they don’t have the momentum in the state legislature to get the laws changed, but what they can do is support the ordinance Representative Ortiz-Velez and municipalities can follow suit with similar ordinances.
NORML Input
Executive Director of Southeastern Wisconsin NORML Eric Marsch adds that the state is closer than it looks for legalization.
“In 2018, 70 percent of Milwaukee County residents voted in favor of marijuana legalization,” says Marsch. “Given the huge racial disparities in marijuana arrests and the community’s overwhelming support of legalization, the elected representatives of these communities not only have the ability to remove harmful penalties, they have a moral obligation to do so.”
Marsch also points to a recently elected Republican assemblywoman, Rachael Cabral-Guevara, who has stated her support for legalization. Old fashioned political viewpoints on marijuana still exist and one of the main factors against Cabral-Guevara’s support is that marijuana is still considered a gateway drug to some ill-informed politicians.
Ortiz-Velez applauds Governor Evers’ addition of marijuana legalization in his latest budget proposal and states, “I feel very optimistic that many of my colleagues have already expressed a lot interest in supporting this […] and I feel very positive that it will pass.”
While this could be one small step towards legalization, it could be one giant leap towards decriminalization. Counties can refuse to prosecute for small amounts, but legalization of any kind rests in the hands of the state.
UPDATE:
Hearing scheduled for Thursday, March 11 at 1:30 and can be viewed on Milwaukee County CLIC website.