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.”

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.

“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.

“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.