Lee Pulaski, lpulaski@wolfrivermedia.com
The Shawano County Board took steps Wednesday to keep more money in the county from certain drug and prostitution crimes.
The board approved three ordinances that will allow local law enforcement to issue citations rather than have the district attorney pursue criminal charges for state offenses. Officers have the option when it comes to acts of prostitution, along with possession of small amounts of marijuana and synthetic cannabinoids.
In regard to the drug ordinances, first offenses would be fined a minimum of $100; second offenses in a 12-month period would cost at least $150. Court and prosecution costs will be added to the fine.
The prostitution ordinance would establish a minimum fine of $200 for the first offense and $500 for the second offense.
According to the ordinances, the change gives local officials “the flexibility to employ an ordinance citation instead of recommending formal criminal charges when doing so is in the best interests of Shawano County.”
The county expects to receive anywhere from $3,135 to $6,415 annually, based on an average of six prostitution cases, 12 synthetic cannabinoid cases and 20 marijuana possession cases.
Supervisor John Ainsworth, who voted against all three ordinances, said he saw the proposals as slaps on the wrist.
“Is there any other action that can be taken?” Ainsworth said. “It’s just a small increase in the cost of what they enjoy doing. Next month, they could be back at it.”
Ainsworth saw the marijuana ordinance as particularly foolhardy, in light of recent news that the Menominee Nation, just north of Shawano County, might explore the legalization of marijuana on the reservation.
Supervisor Arlyn Tober, who voted against the marijuana ordinance and for the other two ordinances, said he was particularly dismayed that there was no threshold for when a drug possession goes from a misdemeanor offense to a felony.
“It says a ‘small amount.’ How much do you have to have before it becomes a felony?” Tober said. “I don’t want this so open ended.”
Supervisor Sandy Steinke said the threshold came down to common sense.
“If you catch somebody with 100 pounds of marijuana, you’re going to arrest them,” Steinke said. “We’re talking minute traces and small amounts for the misdemeanor (charges).”
Chief Deputy John Gutho of the sheriff’s department said the ordinances will allow more money to stay with the county, as opposed to a state case, where the bulk of fines goes into state coffers.
Gutho said the changes would also cut down on the time spent prosecuting some crimes. Ordinance offenses are usually through the court system in about a month, but when it goes to the district attorney for prosecution, the time varies depending on case load and urgency, he said.
Sheriff’s Capt. Tom Tuma pointed out that ordinance offenses also have a lower threshold of evidence than criminal cases.
“You’re going through this lengthy criminal process and bring it before a jury and wave a tiny baggy of marijuana before the jury. Is it cost effective to do that?” Tuma said. “A lot of this rests with the totality of the circumstances.”
The ordinances received unanimous endorsements from the Public Safety and Administrative committees, along with recommendations from the sheriff’s department and the Shawano-Menominee County District Attorney’s Office.