A bipartisan bill circulating for co-sponsors would create state laws for marijuana possession in Wisconsin, which would reduce sanctions in some communities, but also increase fines in cities like Madison and Milwaukee.
Sortwell
The bill, introduced Tuesday by Rep. Shae Sortwell, R-Two Rivers, and Sen. Sylvia Ortiz-Velez, a Democrat from Milwaukee, would require local governments to enforce fines ranging from $ 100 to $ 250, or from 16 to 40 hours. community service, for owns up to 14 grams of marijuana. Cities would have discretion for cases involving more than 14 grams to an ounce (28 grams) of cannabis and federal criminal offenses would apply to anyone who owns more than one ounce of marijuana.
Under current law, first-time possession of marijuana is punishable by a fine of up to $ 1,000 and six months in prison, while local governments can set their own penalties for owning small amounts of the plant. Subsequent crimes are crimes.
Ortiz-Velez
If passed, state law would replace local ordinances like the one passed in Madison last year that order police not to file state criminal charges for having up to 28 grams of cannabis, as long as the incident does not include another crime. . The Madison ordinance is not decriminalization, but it does allow people 18 and older to carry up to an ounce of marijuana and consume it on public or private property, with a few exceptions.
“Our local governments and the people of these communities have worked very hard to find a way to address the aggression of the ban and find local solutions that honor what the people of these communities are looking for,” the Senator Melissa. Agard, D-Madison, who introduced a piece of legislation in August to fully legalize marijuana in the state. “Moving that needle back worries me.”
Ortiz-Velez defended efforts earlier this year as Milwaukee County Supervisor to reduce the penalty for possession of up to 25 grams of marijuana to $ 1. During a press conference Tuesday, Ortiz-Velez said a state rule eliminates confusion about different laws in different communities.
“If people get confused about how laws are enforced within patchworks, that makes it harder,” Ortiz-Velez said. “We understand it’s worth the compensation and that comes from the person who actually earned it $ 1 in Milwaukee County.”
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Eau Claire also reduced property fines to $ 1, although the total cost is close to $ 148 with court costs, according to a 2019 Wisconsin Policy Forum report.
At the same time, the bill would reduce local possession charges in other communities such as Green Bay, where this crime includes a $ 500 fine. Maximum fines for possession in West Allis can reach $ 1,000, and in Wauwatosa, fines can reach $ 5,000, according to the Forum report.
Fewer crimes?
Ortiz-Velez said the ultimate goal of the bill is to reduce the number of crime charges issued in the state for those who have small amounts of cannabis.
“We know that charges for crimes can be a barrier to employment and housing,” he said. “What we should be thinking about is whether or not we believe that small possession of marijuana really amounts to a criminal act, it is not.”
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Sortwell said the bill seeks to find a middle ground between conservative lawmakers who want stricter sanctions for possession and liberal lawmakers who seek full decriminalization.
“No one gets a giant victory in this bill,” Sortwell said. “This is trying to create a statewide standard on which, in general terms, we can all come to an agreement.”
The bill would also eliminate the growing scale of state sanctions for repeated possession offenses as long as subsequent offenses are for matters involving less than 28 grams of cannabis. Another part of the bill would limit employer liability if they do not do drug testing on employees.
Some skeptics
While Democratic lawmakers, including Gov. Tony Evers, have advocated for recreational and / or medicinal use of marijuana in Wisconsin, the bill introduced Tuesday may face challenges in gaining support among all Democratic lawmakers. , especially those in the two largest cities in the state, Madison and Madison. Milwaukee.
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“I don’t care if you’re a Democrat or a Republican, when you’re introducing legislation that makes us back down, I’m not in favor, so I won’t support that,” said Rep. Shelia Stubbs, D-Madison. .
Stubbs also questioned why the bill sets a minimum fine of $ 100 for possession of up to 14 grams of marijuana, but provides discretion for local entities to have between 14 grams and an ounce, which could effectively allow that communities like Madison or Milwaukee enforce $ 1 fines for this type of marijuana. crimes.
“It just doesn’t make sense logically,” Stubbs said.
Senator Kelda Roys, a Madison Democrat, said it was positive to see Republicans speak out in favor of reducing sanctions for marijuana possession, but added that the latest measure “is far from what she wants.” I’ll see.
Roys also noted that it is still unclear how the proposed law would fit with local ordinances such as Madison, which orders police not to charge for possession of less than 28 grams of cannabis.
“I don’t think you’ll see Madison police or Dane County prosecutors rushing to impose a lot of fines on people, but the laws are a statement of our values in a society and if that were in the books, it would be harder for law enforcement and justice personnel to ignore, ”Roys said.
the mayor replies
Madison City Attorney Michael Haas said his office had not reviewed the full bill until Tuesday afternoon and could not comment on the effect it could have on the ordinance or enforcement of the city.
“This legislation does not go far enough,” Madison Mayor Satya Rhodes-Conway said in a statement. “Wisconsin should follow in the footsteps of other states that have legalized and taxed marijuana.”
Sortwell said the bill has already received about a dozen co-sponsors and he hopes the proposal can arrive before a hearing this legislative session.
“Assembly leadership, they didn’t give me a no, they didn’t give me a yes, they took it under advice,” Sortwell said.
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