Our new report finds that few Milwaukeeans who are cited for first-time, small-scale marijuana possession offenses spend time behind bars for failure to pay fines, though jail time for second and subsequent offenses is much more common. We also find that cities around the country have changed their marijuana laws and policies in a variety of ways, offering a range of options to consider for City of Milwaukee and state policymakers who are intent on making changes here.
Other key findings from the report include the following:
- Most individuals found guilty of first-time marijuana possession charges by municipal authorities do not pay the fines they are given. In fact, payments of any amount were made in only 42% of cases during a recent period of more than three years; only 28% of the fines were paid in full.
- Milwaukee County circuit court data from 2013 and 2014 on cases prosecuted by the D.A. that only involved a second or subsequent marijuana possession offense suggest that a majority of those cases resulted in felony convictions and sentences to time in jail.
- Changing the law to treat all minor marijuana possession offenses as municipal violations – as opposed to criminal charges – likely would have a greater impact on reducing marijuana-related incarceration and preserving justice system resources than reducing municipal fine amounts. The two actions also could be pursued concurrently.