Wisconsin’s bipartisan lawmakers are preparing to introduce a bill that will decriminalize marijuana possession at low levels. They hope this incremental reform will help break the deadlock on cannabis policy within the GOP-controlled state legislature.
While other legislators are pushing for adult-use legalization to a greater extent, Reps. Shae Ortiz-Velez and Sylvia Ortiz-Velez, along with Sen. Lena Taylor, (D), sponsor the simple decriminalization bill, which also gives employers more discretion when it comes to workplace cannabis testing policy.
The bill would punish possession of up 14 grams of marijuana with a civil forfeiture of $100, but without any threat of prison time. The bill would also prevent courts from “counting”, possession convictions up to 28 grams. This would mean that people would not be charged with repeat offenders and could face more severe penalties.
The sponsors stated in a co-sponsorship letter, which was first reported in the Wisconsin State Journal late last week. The sponsors noted that Wisconsin makes on average 15,485 arrests each year for the minor offense. This is punishable with a $1,000 fine or up to 6 months in prison.
They said: “North Dakota (not including states that have legalized marijuana) has passed legislation that eliminates prison time for small amounts of marijuana possession. “It’s time Wisconsin joins the national conversation.”
In a similar way, the penalty for possession of or use with marijuana paraphernalia is reduced to a civil forfeiture maximum of $10 without any jail time.
Currently, the law allows local governments enact ordinances that prohibit cannabis possession and impose additional fines. The legislation would prevent localities from imposing additional fines and penalties for cannabis possession under 14 grams.
According to a legislative report shared with Marijuana Moment, “under the bill, a court can impose community service instead of forfeiture for violating an order prohibiting possession of 14 grams of marijuana or less,” the analysis states. The bill does not alter the current law, which allows local governments to decide the amount of forfeiture imposed when a person is found in possession of more marijuana than 14 grams.
The court must consider a deposit as a no contest plea and issue a judgement accordingly.
The bill will not only decriminalize possession but also give law enforcement more flexibility to decide how to deal with individual cannabis cases. The police would be able to decide whether to process and book a person on suspicion of possession. However, they would still need to collect some personal information.
The memo states that this was done to “save money, time and resources.” The burden on local resources would be better spent on violent crimes and serious crimes.
The legislation also limits the liability of employers who refuse to conduct THC drug tests on job applicants or employees. There are exceptions to this discretionary policy. Drug screenings would be mandatory for people who work in jobs that require a federal contract or are required to comply with the Department of Transportation.
The lawmakers stated that employers across the nation have discontinued the long-standing practice to drug test their employees and potential employees due to the high cost. The Wisconsin legislature believes that employers should have the ability to limit their liability and decide whether they want to continue drug-testing for employment purposes.
Sponsors are asking that legislators contact their offices by Thursday to become cosponsors before the bill is officially introduced.
Decriminalization is a step in the right direction, but it falls short of the more ambitious goal of comprehensive legalization. This goal is being promoted by Democrats like Senate Minority leader Melissa Agard (D), calling on the public to pressure their representatives to have a hearing about her reform legislation.
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Wisconsin is now an island of prohibition, as neighboring states Illinois, Michigan, and Minnesota have all legalized marijuana in recent years. The conservative legislature has resisted incremental reforms for years, stripping marijuana proposals out of the budget requests. GOP leaders claim to have been working in the background on medical cannabis legislation, but this is yet to be proven.
Mary Felzkowski, a Republican senator in the state of Texas, said that Democrats who advocate for comprehensive legalization undermine efforts to advance incremental reform. As the minority leader pointed out, Republicans have control over both chambers of Congress and can theoretically push any version of reform they want at any time.
The state Department of Revenue, however, released an estimate of the economic impact of the reform earlier this month. It projected that it would generate approximately $170 million in annual tax revenue.
As legalization stalls, Gov. Last month, Tony Evers (D), granted a second round of pardons . This included dozens for people who had prior marijuana convictions.
Separately bipartisan and bicameral Wisconsin legislators recently introduced a bill that would create a pilot program for psilocybin in the state.
Below is the text of the Wisconsin legislators’ marijuana decriminalization memo:
CO-SPONSORSHIP MEMORABILIA
To: All Legislators
From: Shae Sortwell, Sylvia Ortiz Velez
Senator Lena Taylor
Thursday, November 30,
RE Cosponsorship LRB-0510 regarding: penalties for marijuana possession, employer liability if employees or prospective employees are not drug tested, and providing a fine.
Deadline: December 7, 2005 at 5pm
Between 2010 and 2019, 154 295 arrests for marijuana possession were made. This is equivalent to 15,485 a year.
The current law prohibits anyone from possessing marijuana or even attempting to do so. For the first offense, a person convicted of violating this prohibition can be fined up to $1,000 or imprisoned no more than six month, or both. A second or subsequent offense is considered a Class I felon.
Wisconsin shouldn’t throw people in jail for simple marijuana possession.
The LRB-0510 doesn’t legalize marijuana because marijuana is illegal on the federal level. It reduces penalties at the local and state levels for possession of small amounts of marijuana (from.1gs up to 28gs/1oz), and paraphernalia, but still allows municipalities discretion.
This bill also streamlines the booking process for law enforcement and courts to save money, time, and resources. Local resources would be better used to focus on violent crimes and serious crimes. This includes police time, arrests, paperwork, court appearances, court dockets, and costs for public defenders.
This bill also limits the employer’s liability if they do not require that an employee or potential employee submit to a drug test to determine if there is any THC, synthetic cannabinoid or controlled substance analogue to THC, synthetic cannabinoid or a controlled substance.
Across the nation, employers have stopped the practice of drug-testing their employees and potential employees due to the high cost. Wisconsin employers should have the ability to limit their liability and decide whether they want to continue drug-testing for employment purposes.
North Dakota, New Hampshire (excluding full legalization states), Hawaii, Louisiana, Mississippi North Carolina and Nebraska all have legislation in place that eliminates the jail time for possession of small amounts marijuana. Wisconsin should join the national conversation.
Below, you can read the text for the Cannabis Decriminalization Bill:
The original Marijuana Moment article A new bipartisan Wisconsin bill would decriminalize marijuana possession first appeared on Marijuana Moment .
