MADISON, Wis. — Possession of small amounts
of marijuana would be decriminalized in Wisconsin under a bill that
Democratic lawmakers introduced Wednesday in their latest push to loosen
Wisconsin's marijuana laws in the face of Republican opposition.
It's past time Wisconsin
joined with the 26 other states that have decriminalized the possession
of small amounts of marijuana, Lt. Gov. Mandela Barnes and other
advocates said at a news conference in the state Capitol. They pointed
to arrest and incarceration data showing that African Americans in
Wisconsin are more likely to be penalized under the current system,
denying them opportunities to work, vote, get educated and live a full
life.
"How many more people have
to be lost before we actually get the courage to do something about it?"
said Rep. David Crowley, of Milwaukee.
Nearly 15,000 adults in
Wisconsin were arrested in 2018 for marijuana possession, a 3% increase
from 2017, according to data from the state Department of Justice. Data
from the Department of Corrections shows that prison admissions for
black people were higher than whites for marijuana possession in 2016.
In Milwaukee, black people
accounted for 72% of arrests for possession of less than 25 grams of
marijuana, despite making up just 39% of the population between 2012 and
2015, according to research by the Public Policy Forum. Numerous
studies have shown that black and white people use marijuana at roughly
the same rate.
Barnes, who is black and
from Milwaukee, said he thinks having small amounts of marijuana
possession is a "victimless crime" and that it's a waste of law
enforcement resources to enforce the current law.
"Marijuana is not a reason to serve a prison sentence," Barnes said.
A first-time offense for
marijuana possession is punishable under state law by up to six months
in jail and a $1,000 fine. Second and subsequent offenses are felonies
punishable by up to 3½ years in prison and a $10,000 fine.
The bill would decriminalize
possessing, distributing and manufacturing up to 28 grams of pot or
more than two marijuana plants.
Democratic Gov. Tony Evers earlier this
year called for decriminalizing up to 25 grams. The bill would also
prohibit police from using the smell of marijuana as probable cause to
arrest someone. It would also create a process for dismissing
convictions involving less than 28 grams of marijuana that occurred
prior to the law taking effect.
Democrats this year have also introduced separate bills to legalize both medical and recreational marijuana.
"We need to rethink and
modernize our marijuana laws in Wisconsin," said Rep. Sheila Stubbs,
co-sponsor of the decriminalization bill.
Republicans have shown little interest in changing the laws.
They killed Evers' proposals
this year to decriminalize small amounts and to legalize medical
marijuana. They've staunchly opposed legalizing recreational marijuana,
while there is a bipartisan bill to legalize it for medical purposes.
But Republicans showed no signs of budging Wednesday.
"I've long been an opponent
to any type of marijuana legalization and doubt that any proposals
currently being floated will gain support from Republicans in the
Senate," said Scott Fitzgerald, the Senate's majority leader and a
candidate for Congress.
There is not support for it
among Assembly Republicans either, said Speaker Robin Vos' spokeswoman
Kit Beyer. Vos, who has been open to a limited form of medical
marijuana, remains opposed to decriminalization, Beyer said.
"We're not going to decriminalize it so people can carry around baggies of weed all over the state," Vos said in February.
Despite Republican opposition, there appears to be broad support in Wisconsin for some form of marijuana legalization.
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