The Wauwatosa Common Council has rejected a plan to depenalize marijuana possession

The Wauwatosa Common Council has rejected a proposal that would have depenalized the possession of less than 28 grams of marijuana.

In narrowly rejecting the plan, 9-7, council members cited concerns about how developed the proposal was and what effect it would have on the community.

The proposal to modify the THC ordinance in Wauwatosa originated with former Ald. Matt Stippich. After he decided not to re-run for re-election in April, the idea taken up by his successor, Andrew Meindl.

Meindl’s proposal would have reduced the citation to $1 for possession of up to 28 grams of marijuana. His decision to spearhead the proposal came after a meeting with his constituents, who he said seemed "overwhelmingly" in favor of the change.

Currently, the penalty for marijuana possession runs from $100 to $500, depending on the amount of marijuana. Failure to pay the fine, or previous offenses, can result in arrest.

“From what I've seen, THC has helped my friends in Illinois reduce anxiety, minimize pain, be an alternative to smoking tobacco and alcohol, or address symptoms of other medical issues,” Meindl said.

Meindl also explained that his proposal aims to depenalize marijuana because legalization is not possible at the local level. He said he thinks the Wisconsin State Legislature will not consider legalization until “at least 2030” and that he wanted to act for his community now.

Before the proposal went to the council, the Government Affairs Committee recommended denying it, 5-1-1. One of the committee's biggest concerns was a lack of police input on the proposal. 

Ald. Joel Tilleson expressed similar concerns at the council's Sept. 20 meeting. Wauwatosa Police Chief James MacGillis said he opposed the proposal, arguing that marijuana is a gateway drug and that its presence usually correlates with other crimes.

“I respectfully disagree with Alder Meindl. It (marijuana) is a gateway drug, I have considerable experience in narcotics investigations … I can tell you from my experience there are other crimes related to marijuana possession,” MacGillis said.

Ald. Sean Lowe and Ald. Margaret Arney supported Meindl’s proposal, both arguing that the current Legislature has no intention of discussing legalization, and so it is up to the council to “make decisions that are right for the community.” Ultimately, those arguments failed, and the council voted against the proposal.

Council members who voted to reject the proposal were Tilleson, James Moldenhauer, Mike Morgan, Jason Wilke, Robin Brannin, Melissa Dolan, John Dubinski, Amanda Fuerst and Joseph Makhlouf II.

Council members who voted in favor of the proposal were Arney, Lowe, Meindl, Meagan O'Reily, Joe Phillips, Ernst Franzen and David Lewis.

Meindl said he will continue to fight for depenalization, and the vote would not stop him from eventually submitting another proposal. Council members do not have to wait any particular amount of time before coming back with another proposal. However, it is unusual for similar proposals to be submitted within a year of a denial.

“The outcome at council is immensely disappointing when 69% of Wisconsinites support legalization,” Meindl said, referring to a recent Marquette University poll.

“That said, the vote is the result of the democratic process. I want to thank those that wrote all the letters of support, and I will work even harder the next go round, whenever that occurs.”

Beck Andrew Salgado can be reached at 512-568-4070 or Bsalgado@gannett.com. Follow him on Twitter at @Beck_Salgado.