Wisc. remains stubbornly behind the times on cannabis policy

Wisconsin is increasingly an outlier on cannabis policy reform. While neighboring Michigan, Illinois, and Minnesota have legalized cannabis for adults’ use, Wisconsin remains stubbornly behind the times. It is one of only 19 states that still imposes jail time on simple possession of cannabis. And despite massive 86% popular support, the Badger State is one of only 11 states that lacks a compassionate medical cannabis law.

Wisconsin doesn’t allow statewide citizen-initiated ballot measures, meaning the only way to improve statewide cannabis policies is to convince the legislature to do so. Outrageously, the legislature’s leaders have repeatedly failed to even give any reforms a vote. In early 2024, Assemblymember Patrick Snyder (R) unveiled the Assembly Republicans’ long-awaited medical cannabis bill, AB 1040, and it was lacking.

Dispensaries would be run by the state, which means they would likely never actually be implemented due to federal law. Smokeable, raw cannabis was not allowed. Pain patients only qualified if pain “dominates the senses,” “interferes with the essential activities for daily living,” lasts at least six months, and “is not responsive to or appropriate for other therapies.” And the only place patients could ever use their medicine is at their own home.

The Senate rejected the Assembly’s state-run model and Assembly Speaker Robin Vos (R) made it clear the majority (Republican) Assembly caucus had no willingness to negotiate a workable bill during the session.

A bipartisan “decriminalization” bill, AB 861, died without even receiving a hearing. Similarly, the legislature’s Republican leaders have killed legalization bills in committee year after year without even giving them a hearing. In the 2024 elections, voters enacted several new lawmakers. Let your members know you want them to listen to the people.

Take action

It’s important lawmakers hear their constituents care about humane, sensible cannabis policies. Write your lawmakers on one of these issues:

• Ask your lawmakers to support reducing the penalty for simple possession of cannabis to a modest civil fine.
• Let your lawmakers know it’s past time to allow medical cannabis.

Voters are far ahead of Wisconsin’s elected leaders

In November 2018, around a million Wisconsin voters approved advisory questions on their ballots calling for more humane cannabis laws. Every single one of the measures passed. Medical cannabis questions received between 67% and 89% of the vote in the 11 counties and two cities where they appeared. Adult-use questions garnered between 60% and 76% of the vote.

Unequal enforcement

In early 2020, the ACLU released an updated national report on unequal cannabis enforcement nationwide and state-by-state. Its A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform found that in 2018, Black individuals were 4.2 times as likely to be arrested for cannabis possession as white people in Wisconsin, despite similar use rates. This made the state the 14th worst in terms of racial disparities in cannabis enforcement.

While legalization does not eliminate unequal enforcement, it dramatically reduces the total number of arrests. Five of the seven states with the lowest disparities were states with legalization laws.

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