Co-sponsorship for Wisconsin full legalization (LRB 3671/1) needed by February 7th, 2014

TO: All Legislators

FROM: Representative Melissa Sargent

RE: LRB 3671/1 relating to: marijuana possession, regulation of marijuana distribution, operating a motor vehicle while under the influence of marijuana, making an appropriation, requiring the exercise of rule−making authority, and providing penalties.

DEADLINE: Friday, February 7th, 2014 at 4:00p.m.

The issue of marijuana legalization has been at the forefront of the news recently due to the full legalization that began in Washington and Colorado at the start of the New Year.

Cultural attitudes, fairness, economics, and entrepreneurial behavior all point to the extension of this trend toward legalization.

According to an October 2013 Gallup Organization poll, 58 percent of Americans now favor legalization of marijuana. This number is growing and numerous other states are currently making the push towards legalization including California, Oregon, Alaska, Arizona, and Washington D.C.

The racial disparities in marijuana arrests and the strain on law enforcement could also be turned around should LRB 3671 be passed. According to the most recent law enforcement statistics in Wisconsin, there were 17,734 marijuana arrests in 2007 of which 15,358 were for possession and 2,376 were for sales. Whites accounted for 72% of marijuana possession arrests with an arrest rate of 221 per 100,000 while African Americans accounted for 24% of marijuana possession arrest with an arrest rate of 1,100 per 100,000. The usage rates for whites and blacks are nearly identical, yet African Americans are arrested almost 4 times more often.

Marijuana arrests are estimated to have cost the state of Wisconsin $132.17 million in 2006. The total cost of operating the criminal justice system in 2006 including state, county, and local costs was $3.26 billion. This proportion of law enforcement time and cost does not make sense for our state. By making marijuana legal, police could focus their attention on stopping more destructive illegal drugs like cocaine and heroin, which are more likely to cause crime and health problems.

Finally, the non-partisan Tax Foundation estimates that Colorado will bring in nearly $70 million in new taxes this year, with initial proceeds being used for school construction. Because tax revenues are expected to exceed school building needs, Colorado public officials are already thinking of additional ways to use the tax windfall. Businesses that fabricate and make other materials needed to grow cannabis are setting up in Colorado and Washington which will create jobs and stimulate the local economy.

Recently, President Obama stated that marijuana is less dangerous than alcohol and vocalized his concerns about the disproportionate impact marijuana arrests and convictions were having on minority young people. With this kind of attention at the national level, the legalization debate is sure to continue across the country.

LRB 3671/1 would create a regulatory framework for marijuana possession and distribution. It would also standardize age of use as well as penalties for operating while under the influence.

If you would like to co-sponsor this legislation please reply to this email or call Representative Sargent’s office at 266-0960 by 4:00 PM on Friday, February 7th

Analysis by the Legislative Reference Bureau

Current law prohibits a person from manufacturing, distributing, or delivering marijuana; possessing marijuana with the intent to manufacture, distribute, or deliver it; possessing or attempting to possess marijuana; using drug paraphernalia; or possessing drug paraphernalia with the intent to produce, distribute, or use a controlled substance. This bill changes state law so that state law permits a Wisconsin resident who is over the age of 21 to possess no more than one−half an ounce of marijuana, 8 ounces of marijuana−infused product in solid form, or 36 ounces of marijuana−infused product in liquid form and so that state law permits a nonresident of Wisconsin who is over the age of 21 to possess no more than a quarter ounce of marijuana, 4 ounces of marijuana−infused product in solid form, or 18 ounces of marijuana−infused product in liquid form. This bill also eliminates the prohibition on possessing or using drug paraphernalia that relates to marijuana consumption. A person who possesses more than the maximum amount but not more than 20 grams of marijuana is subject to a civil forfeiture not to exceed $1,000 or imprisonment not to exceed 90 days or both and a person who possesses more than 20 grams of marijuana is guilty of a Class I felony. In addition, under the bill, the cultivation of marijuana is a Class I felony and the use of marijuana in public is subject to a civil forfeiture of not more than $100.

This bill also creates a process by which a person may obtain a permit to sell marijuana. Under this bill, a person who does not have a permit to sell marijuana may not sell, distribute, or transfer marijuana, or possess marijuana with the intent to sell or distribute it. A person who violates the prohibition is guilty of a Class I felony except that the felony classification increases to a Class H felony if the person sells, distributes, or transfers the marijuana to a person who is under the age of 21 (minor) and the person is at least three years older than the minor.

This bill prohibits a permittee from selling, distributing, or transferring marijuana to a minor and from permitting a minor to be on premises for which a permit is issued. If a permittee violates one of those prohibitions, the permittee may be subject to a civil forfeiture of not more than $500 and the permit may be suspended for up to 30 days.

Under this bill, a minor who does any of the following is subject to a forfeiture of not less than $250 nor more than $500: procures or attempts to procure marijuana from a permittee; falsely represents his or her age to receive marijuana from a permittee; knowingly possesses marijuana; or knowingly enters any premises for which a permit has been issued.

This bill changes state law regarding marijuana. It does not affect federal law, which generally prohibits persons from manufacturing, delivering, or possessing marijuana and applies to both intrastate and interstate violations.

PDF of proposed legislation: LRB 3671/1 Wisconsin Full Legalization Marijuana Bill

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