Madison Law on Marijuana Possession

According to Wisconsin Statute 62.11(5), the Madison city government has the power to enact
and carry out legislation for the health, safety, and welfare of the city's residents.

The passage in 1977 of City Ordinance 23.20, which addresses marijuana and cannabis, was
thus a valid exercise of the city's legislative powers. It is still valid law today.

City Ordinance 23.20 provides:

1. casual possession (not more than 28 grams of cannabis and not more than
   112 grams of marijuana) of marijuana or cannabis in a private place is not
   a crime and is not subject to forfeiture,
2. casual possession of marijuana or cannabis in a public place is subject to
   a maximum penalty of a $100 forfeiture,
3. casual possession of marijuana or canniabis in a public place, although
   subject to a fine of up to $100, is not a crime and does not subject the
   person convicted to loss of civil rights or any of the disabilities imposed
   upon persons convicted of crimes. No record madbe made that indicates
   that a person convicted of violating the ordinance was charged with, arrested
   for, prosecuted for, or convicted of a crime.

In situations in which a given course of conduct could constitute an ordinance violation or a violation
of state law, no authority compels law enforcement agencies to utilize state law: they are vested with
discretion to choose which body of law to apply.

The Madison City Ordinances constitute expressions of the values of Madison's people.

The ordinances are thus the appropriate body of law to apply in cases involving marijuana offenses
in Madison.

We ask the law enforcement agencies in Madison to effectuate the values of Madison's people by
applying the appropriate body of law, City Ordinance 23.20.