Wisconsin Lawmakers Introduce Adult-Use Cannabis Legalization Bill

A pair of Wisconsin lawmakers are taking another shot at cannabis policy reform this year.

Senate Democratic Leader Melissa Agard, D-Madison, and Rep. Darrin Madison, D-Milwaukee, unveiled an adult-use cannabis legalization bill Sept. 22 at one of the state’s hemp farms, according to Forbes.

“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 public statement. “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. 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. 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.”

The legislation would legalize the use and possession of up to 5 ounces of cannabis for adults 21 and older, Forbes reported. The proposal would also replace criminal penalties for cannabis possession with a fine for adults 21 and older, according to the news outlet, and the possession of more than 5 ounces would no longer be classified as a felony in the state.

“Legalizing cannabis is a matter of public safety and racial justice here in Wisconsin,” Madison said in a public statement. “People in Wisconsin indulge in cannabis use, and deserve the ability to buy safe cannabis and use it responsibly without being criminalized. According to the ACLU, Black people were 4.24 times more likely to be arrested than white people in Wisconsin during 2018. Similar disparities exist in convictions, leading to immeasurable harm to Black communities in Wisconsin. The bill we’ve introduced today lays a solid foundation for those that have been harshly convicted for non-violent possession charges and the ramifications of those convictions.”

The bill would also allow for the regulated, commercial production, distribution and sale of cannabis in Wisconsin, Forbes reported, and would also permit cannabis consumption lounges that would be regulated by local governments.

The legislation proposes a 15% excise tax at the wholesale level, according to Forbes, as well as a 10% tax on cannabis sales at licensed retailers and lounges.

Medical cannabis, however, would not be taxed under the bill.

The legislation directs 60% of the tax revenue generated to fund community reinvestment grants, Forbes reported.

To provide relief to those previously convicted of cannabis-related offenses that are legalized under the legislation, the bill would require the state director of courts to review relevant records and dismiss misdemeanor convictions, either expunging the record or redesignating the offense to a lesser crime, according to Forbes. For felony-level convictions, courts would have the discretion to determine if it is in the public interest to dismiss the conviction and expunge the record or redesignate it to a lesser offense.

“Today, [Darrin Madison] and I are introducing a bill to fully legalize #cannabis for responsible, adult usage in the State of Wisconsin,” Agard said Friday on the social media platform formerly known as Twitter. “The people of this state know that antiquated prohibition policies are failing. It’s time to #LegalizeIt in Wisconsin once and for all.”

Wisconsin’s Legislature is Republican-controlled this session. Gov. Tony Evers, a Democrat, has been supportive of cannabis legalization and included it in his most recent budget proposal last November.