By / December 18, 2023

Cannabis Decriminalization Bill Presented in Wisconsin

A bipartisan group of lawmakers in the state of Wisconsin are set to introduce a bill that, if passed, would decriminalize the possession of small amounts of cannabis for adults.

Led by Republican State Representative Shae Sortwell and her Democratic counterparts, State Senator Lena Taylor and Representative Sylvia Ortiz-Velez, the proposed bill aims to end criminal penalties associated with the possession of up to half an ounce (14 grams) of cannabis.

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Push Towards Decriminalization in Wisconsin

The bipartisan bill, as reported by Marijuana Moment, aims to address the disproportionate penalties imposed for minor cannabis-related offenses in Wisconsin. The bill’s authors assert, “Wisconsin should not be imprisoning people for simple possession of cannabis.” The proposed legislation would decriminalize the possession of 14 grams of cannabis for adults, replacing incarceration with fines of up to $100.

Citing the legislative memo, the authors highlight the urgency of aligning with national trends and those of neighboring states: “North Dakota, New Hampshire, Hawaii, Louisiana, Mississippi, North Carolina, and Nebraska have enacted laws that eliminate prison sentences for possession of small amounts of marijuana… It is time for Wisconsin to join the national debate.”

Key Provisions of the Wisconcin Decriminalization Bill

Reform of Recidivist Laws

The bill introduces an amendment exempting convictions for possession of less than 28 grams of cannabis from recidivist laws. This ensures that minor offenses in Wisconsin do not lead to harsher penalties in subsequent convictions, marking a significant shift from the existing legal framework.

Community Service Instead of Fines

The legislation allows judges to impose community service, ranging from 16 to 40 hours, instead of fines for possession offenses. This aims to balance the scales of justice and redirect resources away from minor cannabis-related cases to more serious crimes.

Local Cannabis Ban and Fines

Considering the current authority of local jurisdictions to adopt cannabis prohibition ordinances, the bill establishes a framework requiring fines of at least $100, but not exceeding $250, for cannabis possession offenses in Wisconsin, aiming to standardize penalties statewide.

Law Enforcement Discretion

Aware of the pressure on police resources, the bill grants law enforcement discretion in charging possession cases. Officers in Wisconsin can choose whether to arrest or incarcerate a suspect, redirecting valuable resources towards combating serious and violent crimes.

Employer Liability and Drug Testing

Recognizing changing workplace policies, the legislation limits the liability of employers who choose not to subject their employees to cannabis drug testing. This move aligns with the national trend of abandoning costly drug testing practices, giving employers the autonomy to decide their drug testing policies.

Cannabis Legalization on the Horizon

While the decriminalization bill represents a step towards cannabis reform, it’s not the only legislative initiative gaining traction in Wisconsin. In September, Democratic legislators Senator Melissa Agard and Representative Darrin B. Madison introduced a comprehensive cannabis legalization bill. This broader measure advocates not only for the decriminalization of cannabis use in Wisconsin, but also supports the regulated production, distribution, and sale of cannabis and its products.

(Featured image by Connor Betts via Unsplash)

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