Marijuana Policy Project

WAUKESHA—In a twist of common practice, de-criminalizing possession of drug paraphernalia offenses would actually help local law enforcement’s ability to prosecute the crimes.

A state law recently enacted allows local police to themselves penalize offenders—by issuing municipal citations—instead of referring those cases to the Waukesha County District Attorney’s office.

The law allows Wisconsin towns, villages and cities to take over enforcement of paraphernalia offenses.

With the office’s staffing priorities on more pressing cases, prosecutors have generally decided to drop the charges while following through on other crimes—such as possession of marijuana—often connected to instances when citizens are caught with pipes and other tools used to do drugs.

But Waukesha and Brookfield are considering ordinances to change the offenses—which includes delivery or manufacturing of paraphernalia as well—to municipal violations. It would allow officers to issue citations, which can’t exceed $500, instead of recommending those charges to the district attorney.

District Attorney Paul Bucher said his office regularly "shipped off" the charges because prosecuting them became a "ridiculous" use of resources. He believes the law change will help police streamline those matters.

"This actually makes a lot more sense," Bucher said.

Waukesha officials will consider its proposed law when the Waukesha Common Council’s Ordinance and License Committee meets April 17, said Waukesha police Capt. Mike Babe. Brookfield’s city attorney is drafting an ordinance for that city’s consideration as well, said Brookfield police Assistant Chief Dean Collins.

Police often arrest citizens and recommend charges for many related drug allegations, including possession of paraphernalia, even knowing that offense likely won’t be prosecuted, Babe said.

Police have been able to issue citations to juveniles, but anyone 17 years of age and older has been referred to prosecutors, Babe said.

But he doesn’t blame the district attorney’s office for not pursuing the charges, considering other priorities, he said.

"What we’re trying to find is an effective enforcement method to have these prosecuted," Babe said.

Neither Waukesha nor Brookfield officials have recommended a specific fine amount, which can’t exceed $500 under state law.