Cannabis in Wisconsin

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Cannabis in Wisconsin is illegal for recreational use. Possession of any amount is punishable by up to 6 months in prison and a $1000 fine for a first offense. A second offense is punished as a felony with up to 3.5 years in prison and up to a $10,000 fine. At the local level, however, numerous municipalities and counties have decriminalized cannabis or lessened penalties for minor possession offenses. Medical use is legal only in the form of low-THC cannabis oil (CBD oil).

Contents

Wisconsin was the nation's leading hemp producer during the 1940s and home to the nation's last hemp-producing company (Rens Hemp Company) prior to federal prohibition. A 2017 law reauthorized hemp cultivation in the state.

Industrial hemp

Industrial hemp was grown experimentally in Wisconsin as early as 1908 on state farms under the direction of the Wisconsin Agricultural Experiment Station. [1] [2] By 1917 there were 7,000 acres dedicated to hemp farming in the state, and by the 1940s Wisconsin led the nation in industrial hemp production. [3]

The Rens Hemp Company of Brandon, Wisconsin, closed in 1958, was the last legal hemp producer in the U.S. following World War II. [4] Prior to its 1958 shutdown, Rens had been the primary provider of hemp rope for the United States Navy. [5]

In November 2017, Governor Scott Walker signed a law legalizing the cultivation of industrial hemp (containing under 0.3% THC), following unanimous passage of the bill in the Wisconsin legislature. [6] [7]

Prohibition

The 1939 legislation "161.275 Possession and use of marijuana; penalty" stated that the penalty for "growing, cultivating, mixing, compounding, having control of, preparing, possessing, using, prescribing, selling, administering or dispensing marijuana or hemp" would be no less than one year and no more than two years in the state prison. [8] Currently, possession of any amount (first offense) is a misdemeanor, punishable by up to 6 months in prison and a $1,000 fine. Possession of any amount for a subsequent offense is a felony, punishable by up to 3.5 years in prison and a $10,000 fine, which is also the penalty for selling 200 grams (7 oz) or less. [9]

State law allows possession of less than 25 grams (9/10 oz) to be prosecuted as an ordinance violation at the municipal and county level, permitting those entities to issue a penalty of monetary forfeiture (fines) with no jail time if the amount specified by the ordinance is received. [10] [11] In practice, numerous counties and municipalities have such ordinances.

Reforms

State level

CBD oil legalization (2014, 2017)

In April 2014, Wisconsin Act 267 (2013 Assembly Bill 726) was enacted. The legislation nominally legalized the use of cannabidiol (CBD) in the state for treatment of seizure disorders. It was passed by a voice vote in the Assembly and a unanimous 33–0 vote in the Senate. It was renamed "Lydia's Law" by an act a month later in honor of a seven-year-old girl who suffered from a rare form of epilepsy; the girl's parents had pushed for CBD legislation in the state. [12] The bill was criticized as being largely symbolic, as in order to gain support for passage in the Senate, its sponsors added a clause specifying that CBD oil must have FDA approval to be prescribed; prior to that clause the bill had support in the Assembly but was stalled in the Senate. Because CBD did not yet have FDA approval, and because a complex series of steps were required to allow trial usage, Wisconsin doctors were not allowed to prescribe CBD. [13] As a result, CBD advocates stated that they could not find a doctor in Wisconsin willing to prescribe CBD. In mid-2015, state Sen. Van Wanggaard proposed an amendment to remove penalties for possession of CBD oil, negating prescription requirements, but the amendment still would not provide a legal way to create or obtain CBD oil. [14]

In 2017, Governor Scott Walker signed into law a bill that amended Lydia's Law to legalize access to CBD oil for people whose doctors certify that the oil is used to treat a medical condition. Prior to that, access to CBD oil had been limited in Wisconsin. With the exception of one state senator, every other legislator in the Senate and Assembly voted for the bill. [15] [16] [17] [18] [19]

Other reforms proposed

In 2013 and 2015 state Representative Melissa Sargent (D-Madison) introduced bills to fully legalize cannabis in the state, with no success. [20] [21] In 2017 another such bill was introduced. [22]

In February 2019, newly-elected governor Tony Evers announced that his upcoming budget would include a proposal to legalize the use of cannabis for medical purposes, decriminalize for any use possession of up to 25 grams (9/10 oz), and establish an expungement procedure for convictions involving less than 25 grams (9/10 oz). [23] [24] Evers has also previously spoken in support of legalizing the recreational use of cannabis, [25] though this was not included in the proposal. Evers has since added legalization of cannabis into every one of his budgets.

Lower-level jurisdictions

Madison decriminalization (1977)

In April 1977, Madison voters approved a ballot measure to allow the possession of up to 112 grams (4 oz) of cannabis in a private area. For possession in public, offenders would be subject to a $109 fine unless used under the care of a doctor. The law was one of the earliest municipal decriminalization ordinances passed in the nation. [26]

Milwaukee (1997)

In May 1997, Milwaukee Mayor John Norquist signed a bill to make the first-time possession of up to 25 grams (9/10 oz) of cannabis a non-criminal offense, punishable by a fine ranging from $250 to $500 or imprisonment of up to 20 days. [27] The legislation also allowed offenders the option to perform community service or take drug education classes. [27] In 2015 the penalty for possession of up to 25 grams (9/10 oz) was further reduced to a $50 fine. [28] [29]

Dane County (2014)

On April 1, 2014, residents of Dane County voted on a non-binding referendum to indicate whether or not state lawmakers should pass legislation to allow the recreational use of cannabis. The measure passed with 64.5% of the vote. [30] [31]

Menominee Indian Reservation (2015)

In August 2015, members of the Menominee Indian Reservation (conterminous with Menominee County) voted 677 to 499 to legalize cannabis for recreational use and 899 to 275 to legalize cannabis for medical use. [32] [33] The Menonimee are uniquely positioned in the state, as the only Indian reservation that falls solely under the jurisdiction of federal law (rather than under Wisconsin Public Law 280 like all other reservations in the state), meaning that the state of Wisconsin cannot prevent legal changes within the sovereign reservation. [34]

2018 advisory referenda

In November 2018, voters in eleven Wisconsin counties approved non-binding referendums expressing support for legalizing medical cannabis, and voters in six counties approved non-binding referendums expressing support for legalizing recreational cannabis. [35] [36] The support for medical cannabis ranged from 67.1% in Clark County to 88.5% in Kenosha County, while support for recreational cannabis ranged from 60.2% in Racine county to 76.4% in Dane County. [37] The 16 counties that weighed in accounted for over half the state's population. [37]

Eau Claire (2018)

In November 2018, Eau Claire city council members approved a resolution setting a $1 fine for first-time possession of up to 25 grams (9/10 oz) of cannabis (though with court costs included the total comes to $138). [38] The resolution came a few weeks after voters in Eau Claire County approved a non-binding referendum expressing support for legalizing the recreational use of cannabis. [39]

Madison legalization (2020)

In November 2020, Madison Common Council approved legislation to allow individuals 18 and older to possess up to 28 grams (1 oz) of cannabis and consume it in public and private places. [40] Use within 1000 feet of a school, where tobacco smoking is prohibited, or without the consent of the property owner remain illegal under the law (reduced to a $1 fine). [41] [42] The ordinance passed with only one opposing vote. [43]

Milwaukee County (2021)

In March 2021, the Milwaukee County Board of Supervisors voted 16–1 to reduce the penalty for possession of up to 25 grams (9/10 oz) of cannabis to $1 (not including court costs). Previously the fine was $275. [44] [45]

Oshkosh (2021)

In September 2021, the Oshkosh City Council voted 6-1 to lower the municipal fine for first offense possession of cannabis from $200 to $75. [46]

Green Bay (2022)

In March 2022, Green Bay City Council voted unanimously to eliminate the fine for possessing up to 28 grams (1 oz) of cannabis so that only court costs would apply ($61). The fine for possession of paraphernalia was also similarly eliminated. [47] [48]

2022 advisory referendums

In November 2022, voters in three counties and five municipalities approved non-binding referendums expressing support for the legalization of recreational cannabis. [49] The measures were approved in the counties of Dane, Eau Claire, and Milwaukee, and the municipalities of Appleton, Kenosha, Racine, Stevens Point, and Superior. [50] Support ranged from 69% in Eau Claire County to 82% in Dane County. [51]

See also

Related Research Articles

<span class="mw-page-title-main">Legality of cannabis by U.S. jurisdiction</span>

In the United States, cannabis is legal in 38 of 50 states for medical use and 24 states for recreational use. At the federal level, cannabis is classified as a Schedule I drug under the Controlled Substances Act, determined to have a high potential for abuse and no accepted medical use, prohibiting its use for any purpose. Despite this prohibition, federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where such activity has been legalized. On May 1, 2024, the Associated Press reported on plans by the Drug Enforcement Administration to move cannabis to the less-restrictive Schedule III.

<span class="mw-page-title-main">Timeline of cannabis laws in the United States</span>

The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.

<span class="mw-page-title-main">Cannabis in Georgia (U.S. state)</span>

Cannabis in Georgia is illegal for recreational use, but decriminalized in the cities of Atlanta, Savannah, Macon, Athens, and others. Limited medical use is allowed in the form of cannabis oil containing less than 5% THC.

<span class="mw-page-title-main">Cannabis in Iowa</span>

Cannabis in Iowa is illegal for recreational use if classified as marijuana but consumable hemp products including CBD products are legal for consumers to possess and registered retailers to sell. Possession of even small amounts of marijuana is a misdemeanor crime. The state has a medical program for patients with qualifying debilitating medical conditions that allows for the legal sale and possession of no more than 4.5g of THC per patient every 90-day period. Allowed modes of consumption are oral & topical forms including, but not limited to; tablets and tinctures, nebulizable inhalable forms, suppositories, and vaporization.

<span class="mw-page-title-main">Cannabis in North Dakota</span>

Cannabis in North Dakota is legal for medical use but illegal for recreational use. Since 2019 however, possession under a 1/2 ounce has been decriminalized in the sense that there is no threat of jail time, though a criminal infraction fine up to $1,000 still applies. The cultivation of hemp is currently legal in North Dakota. In November 2018, the state's voters voted on recreational marijuana legalization, along with Michigan; the measure was rejected 59% to 41%. Two groups attempted to put marijuana legalization measures on the June 2020 Primary and the November 2020 elections, but were prevented from doing so by the COVID-19 pandemic.

<span class="mw-page-title-main">Cannabis in Virginia</span>

Cannabis in Virginia is legal for medical use and recreational use. The first medical marijuana dispensary opened in August 2020, and adult recreational use became legalized in July 2021.

<span class="mw-page-title-main">Cannabis in Kansas</span>

Cannabis in Kansas is fully illegal, and possession of even small amounts is a misdemeanor crime. Cannabis is only legal in Kansas in the form of THC free cannabidiol oil, also known as CBD.

<span class="mw-page-title-main">Cannabis in the United States Virgin Islands</span>

Cannabis in the United States Virgin Islands is legal for recreational use since January 18, 2023, under territorial law. Legislation to legalize was passed by the territorial legislature in 2022, and was signed into law on January 18. Medical use was legalized in 2019 through a bill that passed the Senate 9–4. It remains illegal under federal law.

<span class="mw-page-title-main">Cannabis in Texas</span>

Cannabis in Texas is illegal for recreational use. Possession of up to two ounces is a class B misdemeanor, punishable by up to 180 days in prison and a fine of up to $2000. Several of the state's major municipalities have enacted reforms to apply lesser penalties or limit enforcement, however.

<span class="mw-page-title-main">Cannabis in Pennsylvania</span>

Cannabis in Pennsylvania is illegal for recreational use, but possession of small amounts is decriminalized in several of the state's largest cities. Medical use was legalized in 2016 through a bill passed by the state legislature.

<span class="mw-page-title-main">Cannabis in North Carolina</span>

Cannabis in North Carolina is illegal for any use except for very limited medical usage, though decriminalized for possession of 0.5 ounces or less for individuals with three or fewer misdemeanor convictions.

<span class="mw-page-title-main">Cannabis in Missouri</span>

Cannabis in Missouri is legal for recreational use. A ballot initiative to legalize recreational use, Amendment 3, passed by a 53–47 margin on November 8, 2022. Possession for adults 21 and over became legal on December 8, 2022, with the first licensed sales occurring on February 3, 2023.

<span class="mw-page-title-main">Cannabis in Mississippi</span>

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<span class="mw-page-title-main">Cannabis in New York</span>

Cannabis in New York has been legal for medical purposes under New York law since 2016, and recreational purposes since 2021. As of 2022, recreational cannabis is for sale legally in the state, only through state-approved dispensaries.

<span class="mw-page-title-main">Cannabis in Hawaii</span>

Cannabis in Hawaii is illegal for recreational use, but decriminalized for possession of three grams or less. Medical use was legalized through legislation passed in 2000, making Hawaii the first state to legalize medical use through state legislature rather than through ballot initiative.

<span class="mw-page-title-main">Cannabis in Maryland</span>

Cannabis in Maryland is legal for medical use and recreational use. Possession of up to 1.5 ounces and cultivation of up to 2 plants is legal for adults 21 years of age and older. In 2013, a state law was enacted to establish a state-regulated medical cannabis program. The program, known as the Natalie M. LaPrade Maryland Medical Cannabis Commission (MMCC) became operational on December 1, 2017.

<span class="mw-page-title-main">Cannabis in Florida</span>

Cannabis in Florida is illegal for recreational use. Possession of up to 20 grams is a misdemeanor offense, punishable by up to a year in jail, a fine of up to $1000, and the suspension of one's driver's license. Several cities and counties have enacted reforms to apply lesser penalties, however.

<span class="mw-page-title-main">Cannabis in Ohio</span>

Cannabis in Ohio is legal for recreational use. Issue 2, a ballot measure to legalize recreational use, passed by a 57–43 margin on November 7, 2023. Possession and personal cultivation of cannabis became legal on December 7, 2023. The first licensed sales started on August 6. Prior to legalization, Ohio decriminalized possession of up 100 grams in 1975, with several of the state's major cities later enacting further reforms.

<span class="mw-page-title-main">Cannabis in Michigan</span>

Cannabis in Michigan is legal for recreational use. A 2018 initiative to legalize recreational use passed with 56% of the vote. State-licensed sales of recreational cannabis began in December 2019.

<span class="mw-page-title-main">Cannabis in Ukraine</span>

Cannabis in Ukraine is legal for medical, industrial purposes, and scientific and scientific-technical activities.

References

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  2. ↑ United States. Dept. of Agriculture (1910). Report of the Secretary of Agriculture. The Department. p. 77.
  3. ↑ Colbert, Ellie (May 12, 2019). "Wisconsin's new hemp industry blooms; will marijuana be far behind?". The Capital Times. Retrieved December 28, 2020.
  4. ↑ TAPPI Journal. Technical Association of the Pulp and Paper Industry. 1999. p. 114.
  5. ↑ John Roulac (January 1, 1997). Hemp Horizons: The Comeback of the World's Most Promising Plant. Chelsea Green Pub. p. 59. ISBN   978-0-930031-93-0.
  6. ↑ "Walker signs bill legalizing hemp farming in Wisconsin". WISC-TV. Associated Press. December 1, 2017. Retrieved December 28, 2020.
  7. ↑ NBC15. "Walker signs bill legalizing hemp farming in Wisconsin" . Retrieved December 2, 2017.{{cite news}}: CS1 maint: numeric names: authors list (link)
  8. ↑ Wisconsin (1939). Wisconsin Statutes, 1939: Printed Pursuant to the Provisions of Section 35.18 of These Statutes, and Embracing All General Statutes in Force at the Close of the General Session of 1939. Legislative Reference Bureau. pp. 1893–. STANFORD:36105064280782.
  9. ↑ "Wisconsin Laws & Penalties". NORML. Retrieved April 23, 2020.
  10. ↑ Power of municipalities to prohibit criminal conduct (66.0107). Wisconsin Legislature. 2007.
  11. ↑ Penalties under county and municipal ordinances (66.0109). Wisconsin Legislature. 2007.
  12. ↑ Schaaf, Mark (May 21, 2014). "Law named to honor Burlington 7-year-old". The Journal Times. Retrieved June 14, 2021.
  13. ↑ Ferguson, Dana (June 16, 2014). "Law allowing marijuana derivative for treatment of seizures remains unused". Milwaukee Journal Sentinel.
  14. ↑ Mark Schaff (April 20, 2015). "'Lydia's Law' passes, but treatment still elusive". Racine Journal-Times.
  15. ↑ "Wisconsin Legislature: SB10: Bill Text". docs.legis.wisconsin.gov. Retrieved March 10, 2017.
  16. ↑ "2017 Senate Vote 12". docs.legis.wisconsin.gov. Retrieved March 10, 2017.
  17. ↑ "Wisconsin Legislature: AB49: Bill Text". docs.legis.wisconsin.gov. Retrieved March 10, 2017.
  18. ↑ Opoien, Jessie (March 7, 2017). "Wisconsin Assembly unanimously approves bill to ease access to CBD oil". The Capital Times. Retrieved March 10, 2017.
  19. ↑ Stein, Jason (April 17, 2017). "Gov. Scott Walker signs laws on unions, cannabis oil". Milwaukee Journal Sentinel. Retrieved December 28, 2020.
  20. ↑ Sargent, Melissa (April 13, 2015). "Rep. Melissa Sargent: Marijuana legalization must happen in Wisconsin". The Capital Times. Retrieved August 20, 2015.
  21. ↑ Marley, Patrick (April 13, 2015). "Democratic legislator to introduce bill legalizing pot". jsonline.com. Retrieved August 20, 2015.
  22. ↑ "2017 Wisconsin LRB-2457 Marijuana Legalization Bill" (PDF). Archived from the original (PDF) on February 8, 2018. Retrieved February 7, 2018.
  23. ↑ Dupont, Amy (February 18, 2019). "'It's time:' Gov. Tony Evers announces proposal to reform Wisconsin's marijuana laws". WITI. Retrieved March 16, 2019.
  24. ↑ Sommerhauser, Mark (February 17, 2019). "Tony Evers to propose pot decriminalization in budget, medical use for cancer, PTSD, chronic pain". Wisconsin State Journal. Retrieved March 16, 2019.
  25. ↑ Bauer, Scott (January 16, 2019). "Evers supports legalization of recreational marijuana". Associated Press. Retrieved March 16, 2019.
  26. ↑ Cullen, Sandy (April 10, 2007). "30 Years Later Madison Voters Passed A Law In April 1977 That Permits Possession Of Small Amounts Of Marijuana In Private Places" . madison.com. Retrieved March 16, 2019.
  27. 1 2 "Milwaukee Moves To Decriminalize Marijuana". NORML. May 22, 1997. Retrieved March 16, 2019.
  28. ↑ Taylor, Beverly (June 2, 2015). ""This is not a free for all:" Fine reduced for possession of small amounts of marijuana". WITI. Retrieved March 16, 2019.
  29. ↑ Storck, Gary (June 13, 2015). "Milwaukee Mayor Tom Barrett Quietly Signs Pot Fine Reduction Ordinance". cannabadger.com. Archived from the original on November 11, 2018. Retrieved March 16, 2019.
  30. ↑ Craver, Jack (April 2, 2014). "Dane County pot referendum passes easily: What does it mean?". The Capital Times. Retrieved March 16, 2019.
  31. ↑ "Dane County State Legalization of Marijuana Referendum, Question 2 (April 2014)". Ballotpedia.com. April 4, 2014. Retrieved February 5, 2015.
  32. ↑ Spivak, Cary (August 21, 2015). "Menominee tribal members approve on-reservation marijuana use". Milwaukee Journal Sentinel. Retrieved March 15, 2019.
  33. ↑ Williams, Scott (August 21, 2015). "Menominee back legal marijuana". The Shawano Leader. Archived from the original on September 7, 2015. Retrieved March 15, 2019.
  34. ↑ Spivak, Cary (August 16, 2015). "Menominee tribe prepares for vote on legalizing marijuana". Jsonline.com. Retrieved August 20, 2015.
  35. ↑ Behm, Don (November 6, 2018). "Pro pot: Voters support all marijuana advisory referendums on Tuesday's ballots". Milwaukee Journal Sentinel. Retrieved March 15, 2019.
  36. ↑ Anderson, Scott (November 6, 2018). "Who Voted For Marijuana In Wisconsin? We Have The Answer". Patch. Retrieved March 15, 2019.
  37. 1 2 Hubbuch, Chris (November 8, 2018). "Wisconsin voters embrace pot; nearly 1 million vote yes on medical, recreational use". Wisconsin State Journal. Retrieved March 15, 2019.
  38. ↑ Kremer, Rich (November 28, 2018). "Eau Claire Sets $1 Fine For Marijuana Possession". Wisconsin Public Radio. Retrieved March 17, 2019.
  39. ↑ Casey, Evan (January 14, 2019). "Marijuana laws changing one city at a time; Eau Claire passes $1 fine" . The Journal Times. Retrieved March 17, 2019.
  40. ↑ "Madison Common Council overhauls local cannabis laws". WKOW. November 18, 2020.
  41. ↑ Adlin, Ben (November 18, 2020). "Lawmakers In Wisconsin Capital Vote To Allow Marijuana Use In Public". Marijuana Moment. Retrieved December 28, 2020.
  42. ↑ O'Neill, Madalyn (November 18, 2020). "What you need to know about new marijuana ordinance enforcement in Madison". WMSN-TV. Retrieved December 28, 2020.
  43. ↑ Becker, Abigail (November 19, 2020). "Madison City Council eases marijuana restrictions". The Capital Times. Retrieved December 28, 2020.
  44. ↑ Jenkins, Cameron (March 27, 2021). "Milwaukee County drops marijuana possession fine to $1". The Hill. Retrieved March 29, 2021.
  45. ↑ Dirr, Alison (March 25, 2021). "Milwaukee County Board votes to drop fine for marijuana possession to up to $1". Milwaukee Journal Sentinel. Retrieved March 29, 2021.
  46. ↑ Macek, Katy (September 14, 2021). "Stepping closer to decriminalization: Oshkosh lowers municipal fine for marijuana possession to $75". Oshkosh Northwestern. Retrieved September 30, 2022.
  47. ↑ Hatfield, Christine (March 2, 2022). "Green Bay lowers marijuana possession fines". Wisconsin Public Radio. Retrieved March 28, 2022.
  48. ↑ Friel, Noelle (March 2, 2022). "Green Bay Common Council reduces penalties for possession of marijuana". WGBA. Retrieved March 28, 2022.
  49. ↑ Hall, Tajma (November 9, 2022). "Significant amount of Wisconsin voters want marijuana legalized". WDJT. Retrieved November 11, 2022.
  50. ↑ Jaeger, Kyle (November 9, 2022). "Wisconsin Voters Approve Marijuana Ballot Questions In Cities And Counties Across The State". Marijuana Moment. Retrieved November 11, 2022.
  51. ↑ Redman, Henry (November 10, 2022). "Voters across state overwhelmingly approve non-binding marijuana, abortion referenda". Wisconsin Examiner. Retrieved November 11, 2022.

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