A bipartisan group of Wisconsin state lawmakers are poised to introduce a bill that could, if passed, decriminalize the possession of small amounts of cannabis for adults.
Led by Republican state Rep. Shae Sortwell and her Democratic counterparts, Sen. Lena Taylor and Rep. Sylvia Ortiz-Velez, the proposed bill aims to end criminal penalties associated with possession of a maximum quantity of half an ounce (14 grams) of cannabis.
Push towards decriminalization
The bipartisan bill, as reported by Marijuana Moment, aims to address the disproportionate penalties imposed for minor cannabis offenses in the state of Wisconsin. The authors of the proposal say that “for simple marijuana possessions, Wisconsin should not throw people in prison.” The proposed legislation would decriminalize possession of 14 grams of cannabis for adults and replace incarceration with fines of up to $100.
Citing the legislative memo, the authors emphasize the urgency of aligning with national trends and those of neighboring states: “North Dakota, New Hampshire, Hawaii, Louisiana, Mississippi, North Carolina and Nebraska have passed laws that eliminate prison time for possession of small amounts of marijuana…It’s time for Wisconsin to join the national debate.”
Main provisions of the decriminalization project
Reform of repeat offender laws: The bill introduces an amendment that exempts convictions for possession of less than 28 grams of cannabis from repeat offender laws. This provision ensures that minor offenses do not result in harsher penalties upon subsequent conviction, constituting a significant change from the existing legal framework.
Community service in lieu of fines: the legislation allows judges to impose community service, lasting between 16 and 40 hours, instead of fines for possession offenses. This provision aims to balance the scales of justice and divert resources from minor cannabis cases to more serious crimes.
Local weed ban and fines: Given the current authority of local jurisdictions to pass cannabis prohibition ordinances, the bill establishes a framework requiring fines of at least $100, but not more than $250, for possession offenses cannabis, in order to standardize penalties across the state.
Discretionary power of law enforcement: Recognizing the strain on police resources, the bill grants law enforcement discretion in charging cannabis possession cases. Police officers will be able to choose whether or not to arrest and detain a suspect, in order to redirect valuable resources toward combating serious and violent crime.
Employer Responsibility and Drug Testing: Recognizing evolving workplace policies, the legislation limits the liability of employers who choose not to subject employees to cannabis drug testing. The move is part of a national trend away from costly drug testing practices, giving employers autonomy to decide testing policies.
Cannabis legalization on the horizon
While the decriminalization bill is a step toward cannabis reform, it’s not the only legislative initiative gaining traction in Wisconsin. In September, Democratic lawmakers Sen. Melissa Agard and Rep. Darrin B. Madison introduced a comprehensive cannabis legalization bill. This broader measure not only advocates for the decriminalization of cannabis use, but also supports the regulated production, distribution and sale of cannabis and its products.
