Wisconsin Democrats introduced a bill to fully legalize marijuana, making another push for legalization after previous attempts were met with hard opposition in the Republican-controlled Legislature.
“Legalization is about freedom,” said Rep. Andrew Hysell, D-Sun Prairie, in a statement, a co-author of the bill. “Adults in Wisconsin deserve the freedom to make their own decisions, including whether or not to use cannabis.”
The legislation says a person 21 years old or older can legally possess cannabis for recreational use and purchase intoxicating hemp products, which are defined as “an edible item or beverage that contains 1.0 to 10.0 milligrams per 12 fluid ounces of beverage or per serving or per package of edible,” according to the bill.
A person of at least 18 years of age, or who has consent from a parent, guardian, or legal custodian, is allowed to possess cannabis for medical purposes. Aside from possession, the bill says, if the person is at least 21 years old, they may produce, process or sell cannabis if they have a license.
“Wisconsin is surrounded by states that have legalized cannabis,” said Rep. Amaad Rivera-Wagner, D-Green Bay, in a statement, a co-author of the bill. “We can keep exporting revenue and opportunity, or we can finally support what the vast majority of Wisconsinites want and do this the right way here at home.”
The bill creates a new set of penalties for violations, depending on the prior violations, the severity of the violation, the age of the violator and the quantity involved in the violation.
A process would be introduced to review prior non-violent cannabis-related convictions that would be decriminalized, potentially leading to a vacancy of convictions or, if applicable, an adjustment to a lower crime.
“For decades, cannabis laws have been enforced in ways that punished poverty and race more than behavior,” Rivera-Wagner said. “This bill gives us a chance to stop repeating that mistake and to actually repair some of the damage that has been done to families and communities.”
The Division of Cannabis Regulation within the Department of Agriculture, Trade and Consumer Protection would be created. The division would oversee “production, processing, transportation, and testing of cannabis.” Additionally, the Department of Revenue would be tasked to approve a license for one to sell cannabis.
Last June, a Marquette University Law School poll found that 67% of Wisconsinites are in favor of legalized use of marijuana.
Marquette Law School has been polling Wisconsin residents’ views on legalizing cannabis since 2013. The polls have shown a steady increase, with occasional instances of decline, in public opinion, growing from 50% in 2013 to 67% in June.
The most recent poll revealed a notable difference in the responses of survey participants based on their political affiliations. Fifty-six percent of Republican-identified respondents opposed legalization, while independents and Democrat-identified respondents were in favor of legalization by 79% and 88%, respectively.
The renewed push for legalization, which is destined for an uphill battle, would make Wisconsin the 41st state to have legalized marijuana in at least a medical capacity, according to the DISA Global Solutions Marijuana Legality Map.
Attempts from Wisconsin Democrats to legalize marijuana have been a common occurrence. For the past 13 years, Democrats have proposed legislation that would’ve led to legalization, but each time, Republicans rejected the proposals, according to Wisconsin Public Radio.
However, Republicans, Senate President Mary Felzkowski, R-Tomahawk, Sen. Patrick Testin, R-Stevens Point, and Rep. Patrick Snyder, R-Weston, introduced a bill in late September that would legalize medical marijuana. On Feb. 5, Senate Bill 534 passed the Senate Committee on Health and is available for scheduling.
“Someone who suffers from a serious health condition should not have to make the choice to travel to another state or break the law so they can try an alternative medicine for relief,” said Felzkowski in a September statement. “This legislation is about giving our friends, family members, and neighbors suffering from a chronic illness the freedom to explore another option with their doctor. This is also a chance for small businesses in our state to take part in this market with reasonable regulations on making and selling these products, all while still protecting public safety.”
The legislation allows a registered patient to possess and use medical cannabis products, a caregiver to possess medical cannabis products, licenses and regulates cannabis growers, processors, and laboratories, and licenses and regulates dispensaries that sell the products. SB 534 would create the Office of Medical Cannabis Regulation, which would establish and manage a patient and caregiver registry and oversee the dispensary operations.
At the federal level, during President Donald Trump’s first term, the 2018 Farm Bill was passed, allowing the production of hemp products. But a provision in the deal to end the 2025 government shutdown abolished the ability, leaving it up to states to enact laws surrounding the allowed usage of hemp and marijuana.