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Wisconsin Lawmakers Introduce Marijuana Decriminalization Bill

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Wisconsin Lawmakers Introduce Marijuana Decriminalization Bill


A bipartisan group of Wisconsin state lawmakers last week introduced legislation to decriminalize possession of marijuana and end the threat of jail time for possessing small amounts of pot. The measure, Assembly Bill 861 was introduced on December 22 by Republican Representative Shae Sortwell and her Democratic colleagues, Representatives Sylvia Ortiz-Velez and Dave Considine, with co-sponsorship from Senator Lena Taylor, also a Democrat.

The legislation, which was unveiled by the legislators earlier month, would end criminal penalties for possession of up to half an ounce of marijuana, making such offenses punishable by a fine of up to $100. Those convicted of simple marijuana possession would no longer be subject to time behind bars.

“For small, simple possessions of marijuana, Wisconsin should not be throwing people in prison,” the sponsors of the bill wrote in a sponsorship memo, according to a report from cannabis news source Marijuana Moment.

“North Dakota, New Hampshire, Hawaii, Louisiana, Mississippi, North Carolina, and Nebraska have passed legislation that removes jail time for possessing small amounts of marijuana (not including full legalization states),” the lawmakers wrote. “It is time for Wisconsin to join the national discussion.”

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The legislation also exempts convictions for possession of less than 28 grams of marijuana from repeat offender laws, making it so such offenses no longer lead to stiffer penalties for subsequent convictions. The bill also decriminalizes the possession or use of drug paraphernalia, with such offenses subject to a fine of $10 with no threat of jail time. The measure allows those charged with possession of marijuana or paraphernalia to pay fines instead of appearing in court. Such payments would be considered by the courts to be a plea of no contest and would enter judgment accordingly.

Bill Restricts Local Pot Prohibition Laws

Under current Wisconsin law, local jurisdictions are permitted to pass their own cannabis prohibition ordinances that carry additional fines. With the new bill, local governments that enact such laws would be required to set fines of at least $100 but not more than $250 for marijuana possession offenses. The legislation also allows judges to sentence those convicted of marijuana possession to community service instead of a fine.

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“Under the bill, the court may impose, instead of the forfeiture amount, no less than 16 hours nor more than 40 hours of community service for violating an ordinance prohibiting the possession of 14 grams or less of marijuana,” reads a legislative analysis obtained by Marijuana Moment. “The bill does not change the current law that allows local governments discretion in the forfeiture amount imposed for possession of more than 14 grams of marijuana.”

The new bill would also give more discretion in charging cannabis possession cases to law enforcement officers, who would be able to choose whether to arrest and book a suspected offender. The provision giving police discretion in the filing of marijuana possession cases is designed to “save time, money, and resources,” the memo says. “The burden placed on local resources, from police focus, man-hours for arrests, paper work, and court appearances, to the court system dockets and public defender costs, would be much better spent on serious, violent crimes.”

The marijuana decriminalization bill would also limit liability for employers that choose not to subject their workers to screenings for marijuana, although some drug tests would continue if required by other laws or collective bargaining agreements.

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“Employers across the country have been discontinuing the long-standing practice of drug testing their employees and prospective employees because it is costly,” the lawmakers said. “Employers in Wisconsin should be given the tools to decide for themselves whether or not they wish to continue drug testing for employment purposes by limiting their liability.”

The sponsors of the bill hope that the Republican-majority legislature will approve the marijuana decriminalization bill along with legislation to legalize medical marijuana that GOP lawmakers plan to introduce next month. A broader cannabis reform bill that would legalize recreational marijuana is also pending after being introduced in September by Senator Melissa Agard, the state Senate Democratic Leader, and Representative Darrin B. Madison, also a Democrat.



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Wisconsin

GOP lawmakers in Wisconsin appeal ruling allowing disabled people to obtain ballots electronically

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GOP lawmakers in Wisconsin appeal ruling allowing disabled people to obtain ballots electronically


By TODD RICHMOND, Associated Press

MADISON, Wis. (AP) — Republican legislators in battleground state Wisconsin on Friday appealed a ruling that allows disabled people to download absentee ballots at home in November’s presidential election.

Disability Rights Wisconsin the League of Women Voters and four disabled voters sued in April demanding disabled people be allowed to download absentee ballots at home and return them to local clerks via email this fall.

Currently in Wisconsin anyone can cast a paper absentee ballot but they must return them in-person to local election clerks or mail them back. Anyone could request an absentee ballot electronically until 2011, when then-Gov. Scott Walker signed a Republican-authored bill that allowed only military and overseas voters to use that method. Those voters still must mail their ballots back just like in-state absentee voters.

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The plaintiffs argued in their lawsuit that many people with disabilities can’t cast paper ballots without assistance, compromising their right to cast a secret ballot, and struggle to return ballots through the mail or in-person. The lawsuit seeks a ruling allowing disabled people to download absentee ballots, cast them at home using assistive devices and return them to clerks via email in the Aug. 13 primary and the November presidential election.

Dane County Circuit Judge Everett Mitchell granted a temporary injunction on Tuesday that allows clerks to send voters who self-certify that they can’t read or mark a paper ballot without help ballots electronically in the November election. They will still have to return the ballots in-person or by mail, however.

GOP legislators filed notice of appeal Friday in the 2nd District Court of Appeals in Waukesha, which leans heavily Republican. The lawmakers indicated that they plan to argue that Mitchell improperly granted the injunction because the plaintiffs are unlikely to win the lawsuit and failed to show they’d suffer irreparable harm without the order. They also plan to argue that Mitchell wrongly disrupted the status quo just months before the election.

Doug Poland, one of the plaintiff’s attorneys, declined to comment on the filing Friday afternoon.

Questions over who can cast absentee ballots and how have become a political flashpoint in Wisconsin, where four of the past six presidential elections have been decided by less than a percentage point.

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More than 30 states allow certain voters to return their ballots either by fax, email or an online portal, according to data collected by the National Conference of State Legislatures and Verified Voting, a nonpartisan group that studies state voting systems. The method has expanded in recent years to include disabled voters in a dozen states. Experts have warned, however, that electronic ballot return carries risks of ballots being intercepted or manipulated and should be used sparingly.

Disabled people have engaged in several legal battles in recent years over access to the polls, as many Republican-led states have restricted how and when people can vote. Among the issues they have fought are limits on the types of assistance a voter can receive and whether someone else can return a voter’s mailed ballot.

Nearly 100,000 Wisconsin adults suffer from vision difficulties, according to statistics compiled by state health officials. A little more than 307,000 adults have difficulty moving, including difficulty walking, climbing stairs, reaching, lifting or carrying things.

A Dane County judge issued a temporary injunction Tuesday that allows disabled people to download ballots in the November presidential election but still requires them to return the ballots in-person or by mail. GOP lawmakers filed notice of appeal Friday, indicating they plan to argue the plaintiffs are unlikely to win the lawsuit harmed and the injunction disrupts the status quo just months before the election.

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Former Wisconsin Rapids youth pastor charged with repeated sexual assault of a child

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Former Wisconsin Rapids youth pastor charged with repeated sexual assault of a child



A warrant was issued for the arrest of James R. Lane, who was a youth pastor at Faith Reformed Church in Wisconsin Rapids from 2000-2004.

WISCONSIN RAPIDS − A 52-year-old Colorado man who worked as a youth minister at a Wisconsin Rapids church from 2000 until 2004 is accused of sexually assaulting a member of his youth group.

James R. Lane, of Centennial, Colorado, faces a charge of repeated sexual assault of a child. Wood County Circuit Judge Greg Potter issued a warrant for Lane’s arrest on June 19.

According to the criminal complaint, in March, a 36-year-old woman told a Wisconsin special agent that Lane was the youth pastor at Faith Reformed Church in Wisconsin Rapids. She said when she as 14- or 15-years-old Lane gave her a ride home after she babysat for his children. They were on a back road of Wisconsin 13 when he began kissing her. The woman said Lane stuck his hands inside of her pants and touched her inappropriately, according to the complaint.

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The woman said on several occasions, Lane would “lay her down” on the floor of his office or other areas of the church and would get on top of her and kiss and touch her inappropriately. She said it happened about eight to 10 times while she was 14 or 15, according to the complaint.

Two special agents talked to Lane on May 13. Lane said he had a “relationship” with a girl in the youth group that got “inappropriate.” He confirmed the girl’s identity and said he had inappropriately touched the girl, according to the complaint. He said there were three to six times when they went on drives in his car and did what he described as “heavy petting.”

Lane said he and his family moved to Colorado in 2004.

If convicted, Lane faces a maximum sentence of 40 years in prison.

More local news: Authorities investigating body found buried in Adams County as search underway for missing 37-year-old man

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More local news: Appeals court rules man convicted in fatal 2004 shooting outside Arpin tavern can argue for reduced sentence

Contact Karen Madden at 715-345-2245 or kmadden@gannett.com. Follow her on Twitter @KMadden715, Instagram @kmadden715 or Facebook at www.facebook.com/karen.madden.33.



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TRANSFER PORTAL: Ohio Picks Up Wisconsin Corner Michael Mack

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TRANSFER PORTAL: Ohio Picks Up Wisconsin Corner Michael Mack


The Ohio Bobcats have officially announced the signing of defensive back Michael Mack. The 6’1″ Maryland native will be making his third college stop, this time in the Mid-American Conference. Mack previously was a member of the Wisconsin Badgers and the Air Force Falcons.

He will have two seasons of eligibility remaining.

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Mack spent 2020-2022 at Air Force, where he appeared in 21 games with 69 tackles and an interception, plus four defended passes and a fumble recovery.

He then transferred to Wisconsin, where he needed a waiver to be eligible for the 2023 season. This is due to a service academy rule that players must transfer within their first two years in order to be immediately eligible. That waiver was denied, leading to Mack not appearing for the the Badgers. Mack entered the portal in late April, 2024.

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Mack joins an Ohio group that was the top scoring defense in the Mid-American conference last season, allowing 15.8 points per game, as the Bobcats secured their second consecutive ten-win season under Tim Alpin.

Ohio will open the 2024 season on August 31 at Syracuse on the ACC Network.

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