A project to decriminalize cannabis presented in Wisconsin

A bipartisan group of Wisconsin state legislators are on the verge of introducing a bill that could, if passed was voted, decriminalize possession of small quantities of cannabis for adults.

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

A push towards decriminalization

The bipartisan bill, as reported by Marijuana Moment, is designed to address the disproportionate penalties for minor cannabis offenses in the state of Wisconsin. The proposal's authors assert that «for simple cannabis possessions, Wisconsin shouldn't be throwing people in jail.» The proposed legislation would decriminalize possession of 14 grams of cannabis for adults, replacing incarceration with fines of up to 100$.

Citing the legislative memo, the authors underline the urgency of aligning with on national trends and those of neighboring countries «North Dakota, New Hampshire, Hawaii, Louisiana, Mississippi, North Carolina and Nebraska have passed laws that remove the prison sentence for possession of small amounts of marijuana... It's time for Wisconsin to join the national debate.».

Main provisions of the decriminalization project

Reforming the laws on repeat offenders: the bill introduces an amendment exempting convictions for possession of less than 28 grams of cannabis from repeat offender laws. This provision ensures that minor offences do not attract harsher penalties on subsequent conviction, representing a significant change to the existing legal framework.

Community service in lieu of fines: legislation allows judges to impose community service, lasting between 16 and 40 hours, in lieu of fines for possession offenses. This provision aims to balance the scales of justice and divert resources from minor cannabis cases to more serious offenses.

Local pot bans and fines: given the current authority of local jurisdictions to enact cannabis prohibition ordinances, the bill establishes a framework requiring fines of at least $100, but no more than $250, for cannabis possession offenses, to standardize penalties across the state.

Law enforcement discretion: Aware of the pressure on police resources, the bill gives law enforcement officers discretionary powers in charging cannabis possession cases. Police will be able to choose whether or not to arrest and incarcerate a suspect, redirecting valuable resources to the fight against serious and violent crime.

Employer responsibility and drug testing : Recognizing the evolution of workplace policies, the legislation limits the liability of employers who choose not to test their employees for cannabis. This is in keeping with the national trend away from costly drug-testing practices, giving employers the autonomy to decide on 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 ground in Wisconsin. In September, Democratic legislators Senator Melissa Agard and Representative Darrin B. Madison, presented a comprehensive bill on the legalization of cannabis. This broader measure not only advocates the decriminalization of cannabis use, but also supports the regulated production, distribution and sale of cannabis and its products.