Kenosha City Council votes to substantially reduce fines for marijuana possession

The ordinance change that is set to go into effect this September reduces the fines for first-time offenders in possession of a small amount of marijuana in city limits, and a sister resolution also passed that substantially reduces the bond for those arrested.

Supporters worked on the ordinance for about nine months and it was spearheaded by Alds. David Mau and Anthony Kennedy with support from Alds. Rollin Pizzala, Kelly MacKay, Jan Michalski and Brandi Feree.

“I’m really proud of the alderpersons who showed courage to do the right thing tonight. I want to thank all the citizens for all their hard work and spreading the word. It’s been a grueling 8 months, but it finally paid off. We know the people voted ‘Yes’ at an overwhelming rate, and it should have been as simple as that, but we needed that extra push. This is what democracy and liberty look like,” Mau told the Kenosha News after the vote. 

Others in attendance expressed similar sentiments.

“I am extremely happy,” said Kyle Flood, president of Kenosha Residents for Cannabis Reform. “To see this finally come to fruition is almost unbelievable.”

Adults found to be in possession of 25 grams or less of marijuana will face a $1 citation plus the costs associated with prosecution. Those in possession of small amounts of marijuana currently face tickets in the hundreds of dollars.

However, those in possession of amounts of marijuana exceeding 25 grams will continue to be referred to the District Attorney’s Office for state criminal prosecution.

The City Council also voted for the resolution to reduce the corresponding bond for a first offense to $62.26. Currently, the municipal bond for marijuana possession is $313. The bond would remain the same for those found consuming up to or fewer than 25 grams of marijuana while in a vehicle, in possession of marijuana while on school property or are under the age of 18, according to the resolution.

Kenosha Police Chief Patrick Patton said he has some concerns about how the changes would effect deterrence and how impactful they would actually be in the long run.

Patton said he believes it could be more impactful and beneficial if there was a way to keep subsequent offenders in Municipal Court and out of Kenosha County Circuit Court so they are not on CCAP (Consolidated Court Automation Programs) with a criminal drug record for marijuana.

City officials and activists said they hoped to work with District Attorney Michael Graveley on the matter going forward.  

In November 2022 city residents voted overwhelmingly — 72% to 28% — in a non-binding referendum in support of legalized, taxed and regulated marijuana.

Residents responded to the question “Should marijuana be legalized for adult use, taxed, and regulated like alcohol?”

More than half of states across the nation, including every state surrounding Wisconsin, have legalized some form of marijuana.

Kenosha County residents voted in favor of legalizing medical marijuana in an advisory referendum in 2018 with 56,000 votes, or 88% of the ballots cast.

According to a Gallup survey conducted in July 2021, 49% of Americans say they have used marijuana, up from 30% in 1985.

A Marquette University Law School poll conducted in February 2022, found 61% of Wisconsinites said that marijuana should be fully legalized and regulated like alcohol.

Monday’s meeting lasted about three hours with many members of the public voicing support and opposition to the changes. 

Marijuana remains illegal in Wisconsin as state lawmakers continue to wrestle with the issue. Marijuana is legal in surrounding states including Illinois.

The City of Kenosha, the third-or -fourth largest city in the state, now joins other major state municipalities in voting for such change.

This is a developing story.