Title
An Ordinance to Create Subsections 6.02(3)(c) and (d) of the West Allis Revised Municipal Code Relating to Marijuana and Other Controlled Substance Offenses.
Body
The Common Council of the City of West Allis do ordain as follows:
PART I. Subsections 6.02(3)(c) and (d) of the Revised Municipal Code of the City of West Allis are hereby created to read:
6.02 Public Offenses.
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(3) State Laws Adopted.
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(c) Marijuana Offenses. Subject to the exceptions set forth in section 961.41(3g)(intro.) and pursuant to the authority of section 66.0107(1)(bm) of the Wisconsin Statutes, an officer may issue a citation for possession of marijuana. A police officer may also issue a citation for possession of more than 25 grams of marijuana or possession of any amount of marijuana following a conviction in this state for possession of marijuana provided that the district attorney dismissed charges for the same conduct or declined to prosecute the case.
(d) Other Controlled Substance Offenses. Pursuant to the authority in section 66.0107(1)(bn) of the Wisconsin Statutes, a police officer may issue a citation for possession of a controlled substance specified in section 961.14(tb) to (ty) provided that a person previously convicted of possessing such controlled substances in this state may not be prosecuted under this provision for the same conduct unless the district attorney dismisses the charges or declines to prosecute.
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PART II. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART III. This ordinance shall take effect and be in force from and after its passage and publication.
L:Ordinances/ATTO-CreateSubSec 6.02(3)(c)&(d) MarijuanaOffenses