After previewing the measure earlier this month, a bipartisan group in Wisconsin has formally introduced it. The sponsors hope that the noncommercial, limited reform will gain enough support to pass the state’s GOP controlled legislature. This will allow the bill to become law simultaneously with a limited medical marijuana bill. Republican leaders have said the bill will be filed in January.
Assembly Bill 861 was introduced by Reps. Shae Kindwell (R), Sylvia OrtizVelez(D) and Dave Considine(D), as well as Sen. Lena Taylor. It would replace criminal charges for simple possession up to 14 grams cannabis with a civil penalty of $100.
According to current law, the offence is punishable by a maximum fine of $1,000 and up to 6 months in prison.
The bill also proposes that people who are caught with marijuana or in possession of it would not have to appear in court. They could pay a $100 fine instead, which the court would consider a no contest plea.
This measure also prevents courts from “counting”, possession convictions up to 28 grams, which means people will not be charged for repeat offenses due to possession of small amounts of cannabis. The bill reduces the prison time for repeat offenses from 3 1/2 years to 90 days.
The proposal would punish possession of drug paraphernalia with a civil forfeiture of $10, down from $500 and up to 30 days in prison.
Wisconsin shouldn’t be putting people in prison for small, simple marijuana possessions, sponsors stated in a co-sponsorship message about a week ago. They noted that the state averages 15,485 arrests each year, and the offense is punishable with a maximum fine of $1,000 or up to six months imprisonment.
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.
A second change to AB861 would limit employers’ liability if they choose not to test their workers for THC. However, this provision would not apply to jobs overseen by federal Department of Transportation and to those involving safety or security.
The Assembly Committee on Criminal Justice and Public Safety has been informed of this measure ahead of the beginning of the legislative session in the state next month.
In the sponsoring memo, the legislators stated that employers across the nation have discontinued the long-standing tradition of drug testing 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.
They also cited more than a half-dozen other states which have implemented similar reforms.
They said: “North Dakota (North Dakota), New Hampshire, Hawaii Louisiana, Mississippi North Carolina and Nebraska have all passed legislation that eliminates jail time for small amounts of marijuana possession. This does not include states with full legalization.” “It’s time for Wisconsin to get involved in the national conversation.”
The current state law allows local governments the ability to pass their own ordinances that prohibit cannabis possession or impose additional fines. The legislation would prevent localities from imposing additional fines and prohibiting possession of cannabis under 14 grams.
Decriminalization is a step in the right direction, but it falls short of the goal of comprehensive legalization. This goal is championed by Democrats like former Senate Minority leader Melissa Agard (D). Agard requested that voters press their representatives to hold an hearing on 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, including removing marijuana proposals from budget requests. GOP leaders claim to have been working in the background on medical cannabis legislation, but this has not yet been seen.
Assembly Speaker Robin Vos, (R), said that a medical cannabis bill would be revealed in the next month. He added that he is “pretty sure” that it will pass by 2024 with “only Republican votes”, because Democrats insist on legalizing recreational marijuana.
Mary Felzkowski, a Republican senator in the state of Texas, said that Democrats who advocate for comprehensive legalization undermine efforts to advance incremental reform. Agard pointed out that Republicans control both chambers of Congress and can theoretically push any version of reform they want at any time.
The Department of Revenue of California recently released an estimate of the expected economic impact of the proposed legalization. It estimated that this reform would generate approximately $170 million per year in tax revenue.
Meanwhile, Gov. Tony Evers (D), in November, granted another round pardons . This included dozens of people who had prior marijuana convictions.
Marijuana sales records, new legalization laws and other top state developments in 2023
The article Bipartisan Wisconsin lawmakers officially introduce Marijuana decriminalization bill first appeared on Marijuana Moment.
