Saturday, August 25, 2018

Cannabis Decriminizalation

Dear City of Racine Alderpersons,

The JT recently ran an article concerning the Cities attempt to decriminalize Cannabis. See:

In that article, Police Chief Art Howell (correctly) reminds Residents that:

"With respect to the powers of local elected officials, in communities where Police and Fire Commissions are in place, the scope of authority over police and fire departments is enumerated under section 62 of Wisconsin State Statues. In general, local ordinances are adoptive of state law. As such, local ordinances may be more restrictive than the corresponding state law, but not less restrictive."  

And Police Chief Art Howell is correct. 

66.0103 Code of ordinances.
(1) The governing body of a city, village, town or county may authorize the preparation of a code of some or all of its general ordinances. The code may be enacted by an ordinance that incorporates the code by reference. A copy of the code shall be available for public inspection not less than 2 weeks before it is enacted. After the code is enacted, a copy shall be maintained and available for public inspection in the office of the city, village, town or county clerk.
66.0103(2) (2) Publication of a code enacted under sub. (1), in book or pamphlet form, meets the publication requirements of ss. 59.14, 60.80, 61.50 (1) and 62.11 (4) (a).
History: 1999 a. 150.
There is a 4-part test in evaluating whether a municipality may regulate a matter of state-wide concern: 1) whether the legislature has expressly withdrawn the power of municipalities to act; 2) whether the ordinance logically conflicts with the state legislation; 3) whether the ordinance defeats the purpose of the state legislation; or 4) whether the ordinance goes against the spirit of the state legislation. Anchor Savings and Loan Association v. Madison EOC, 120 Wis. 2d 391, 355 N.W.2d 234 (1984).
The scope of legislative activity covered by “ordinances” and “resolutions” extends to formal and informal enactments that address matters both general and specific in a manner meant to be either temporary or permanent and that can be characterized as administrative or otherwise, regardless of how they may be denominated. There is no legislative action a municipality could take that would not come within the ambit of ordinance or resolution. If a statute removes the authority of a municipality's governing body to adopt an ordinance or resolution on a particular subject, the governing body loses all legislative authority on that subject. Wisconsin Carry, Inc. v. City of Madison, 2017 WI 19, 373 Wis. 2d 543, 892 N.W.2d 233, 15-0146.

So let me be clear - in regards to the matter of decriminalizing Cannabis you have no authority to act. So stop wasting the public's time and $$$ beating a dead horse which is, just a ploy to lure out befuddled Voters by the WI Democrats in their desperate  attempt to capture Paul Ryan's seat -  

The pragmatic solution would be to REPEAL Cannabis Legislation at the National and State level, moving the jurisdiction from that of Legal (the Corporate Person, granted privileges by the State)) to that of Lawful (the Natural Person, with inherent Rights). 

End the nonsense of the Democrats, quit wasting time on beating a dead Horse, and demand REPEAL.


Tim & Cindy

1 comment:

TSE said...


Note that WI State Statute 62.09.(13) (a) requires that the Police Chief ONLY obey LAWFUL written orders from the Mayor or Common Council; your Cannabis Ordinance is not a Lawful Ordinance because it fails the 4 part test. And why does Cory Mason - when his wife is a Lawyer and the Municipal Judge seem so ignorant of these statutory requirements? Is his ignorance feigned, willful, or is he just plain outright ignorant?

(13) Police.
(a) The chief of police shall have command of the police force of the city, or the chief of a combined protective services department created under s. 62.13 (2e) (a) 1. shall have command of the combined protective services force, under the direction of the mayor. The chief shall obey all lawful written orders of the mayor or common council.