Wisconsin Lawmakers Introduce Marijuana Legalization Bill

A pair of Democratic lawmakers in Wisconsin last week introduced legislation to legalize recreational marijuana for adults and establish a framework for regulated cannabis sales. If passed, Wisconsin would join the nearly two dozen states that have ended the criminal prohibition of marijuana.

The bill was unveiled in a Wisconsin hemp farm on Friday by Sen. Melissa Agard, the state Senate Democratic Leader, and Rep. Darrin B. Madison. If successful, the measure would legalize cannabis use and the possession of up to five ounces of marijuana by adults aged 21 and older.

“I’ve said this time and time again – we know that the most dangerous thing about cannabis in Wisconsin is that it remains illegal,” Agard said in a joint statement from the lawmakers. “For the past decade, I have worked to undo Wisconsin’s antiquated and deeply unjust marijuana policies and put our state on a prosperous path forward.”

The bill would also remove criminal penalties for possession of marijuana by individuals under age 21, who would instead be subject to a fine for such offenses. Additionally, adults charged with possession of more than five ounces of cannabis would no longer face felony charges.

Lawmakers Cite The Racial Inequities Of Marijuana Prohibition

Noting that an ACLU report found that Black people in Wisconsin were more than four times as likely to be charged with a marijuana offense in 2018, Madison said the cannabis legalization bill “lays a solid foundation for those that have been harshly convicted for non-violent possession charges and the ramifications of those convictions.”

“Legalizing cannabis is a matter of public safety and racial justice here in Wisconsin. People in Wisconsin indulge in cannabis use, and deserve the ability to buy safe cannabis and use it responsibly without being criminalized,” said Madison.

The legislation also allows for the regulated production, distribution and sale of marijuana and cannabis products. Cannabis consumption lounges would also be allowed, subject to local control. Marijuana producers would be subject to a 15% excise tax levied at the wholesale level, while retailers and lounges would pay a 10% tax on cannabis sales. Sales of medical marijuana would not be taxed, and 60% of tax revenue generated by cannabis taxes would be used to fund community reinvestment grants.

The measure also includes provisions to provide relief to those previously convicted of marijuana offenses that are legalized by the bill and requires the state director of courts to review the records of acts that would be legalized by the measure. For those convicted of misdemeanors, courts would be required to dismiss the conviction and expunge the criminal record or redesignate the offense to a lesser crime. For felonies, courts would be required to determine if it is in the public interest to dismiss the conviction and expunge the record or redesignate the conviction to a lesser offense.

“This proposal will not only allow Wisconsin to right past wrongs, it will bring us in line with our neighbors and create countless opportunities to grow our economy and attract people to our state,” Agard added. “Right now, we are seeing our hard-earned money go across the border to Illinois, Michigan, and Minnesota to the tune of tens of millions of dollars each year. That is money we could be reinvesting to help support our friends and neighbors and make our state a place where people want to live, work, and play.”

If the bill is passed, Wisconsin will join the 23 states that legalized marijuana for adults. The Badger State could, however, be beaten to the punch by Ohio, where voters will decide on a cannabis legalization initiative in November.

“Wisconsin is ready to legalize it – 69% of Wisconsinites, including a majority of Republicans, support the full legalization of marijuana,” said Agard. “It is way past time that our state honors the will of the majority and seizes the many positive economic and social benefits that cannabis legalization has to offer. Let’s join folks in over half the nation who have said ‘yes’ to putting the half-baked politics of prohibition behind us and set our expectations higher.”

Before the legislation can become law, the bill must be approved by Wisconsin’s Republican-majority legislature, which so far has been unwelcome to cannabis reform, even refusing to legalize medical marijuana. Democratic Gov. Tony Evers included marijuana legalization provisions in his proposed state budget this year, but they were removed from the bill by the legislature.