Public Defender’s Office Renews Call for Cannabis Reform Amid Leadership Transition

The Wisconsin State Public Defender (SPD) Office is entering a new era of leadership under Jennifer Bias, who was appointed State Public Defender in late 2024. Bias, previously the SPD’s Trial Division Director, succeeds Kelli Thompson, the first woman to lead the office and daughter of former Governor Tommy Thompson. Thompson’s tenure, which began in 2011, was marked by significant advocacy for justice reform and resource expansion for public defense in Wisconsin​.

New leadership

Bias takes the helm at a critical moment as the SPD renews its push for cannabis decriminalization in its 2025-27 budget request. This proposal, which aligns with the office’s long-standing efforts dating back to 2013, aims to decriminalize possession of small amounts of marijuana. The SPD argues that this reform would alleviate systemic inequities, reduce caseload burdens, and save resources for more severe offenses​.

The push continues

This advocacy has historical precedent. In 2022, the SPD highlighted how marijuana possession charges disproportionately affect marginalized communities and overburden the justice system. Even earlier, financial pressures in 2013 prompted the proposal to decriminalize possession of up to 25 grams, showing the fiscal and social benefits of reform. The 2013 budget proposal was removed and the 2022 proposal seemed ignored even as part of an overall criminal justice package. Despite this, standalone legislative efforts of various degrees from both parties have repeatedly failed, with the most recent session lacking any Republican Senate author or co-sponsor decriminalization bills​, or any cannabis reform bills at all.

The 2025-27 budget proposal arrives at a time when Wisconsin enjoys a significant budget surplus. However, the inclusion of cannabis decriminalization is far from guaranteed, given the political challenges and a history of reform initiatives being cut during budget negotiations. The SPD’s pragmatic approach reflects a growing consensus among criminal justice experts, but achieving bipartisan support remains an uphill battle in the state legislature.

What are they trying to decriminalize anyways?

So much has changed in the Wisconsin hemp cannabis landscape since our last budget cycle. In Wisconsin, the regulatory framework for intoxicating hemp remains minimal. Hemp-infused food products are not considered adulterated, provided they are made and sold within the state. These products must adhere to basic truth-in-labeling requirements, but there are no specific laws governing post-production processing or the sale of intoxicating hemp products.

Retailers in Wisconsin selling intoxicating hemp products largely operate under the broad provisions of the 2018 Farm Bill, relying on industry best practices and sourcing their hemp from USDA-compliant producers. These products seem to be openly be sold and retailers are charging general sales tax on them.

What are we decriminalizing then in a budget provision like this? Black market simple possession? Certain cannabis products from other states? Legislators and policy makers are now struggling to even comprehend the market, let alone legislate it.

As standalone efforts to decriminalize cannabis continue to stall, Bias’s leadership and the SPD’s budget request offer a critical opportunity to revisit the conversation on modernizing Wisconsin’s drug laws and reducing the strain on the justice system. Whether this latest push will succeed or meet the same fate as previous attempts remains to be seen.

Governor Evers Budget Listening Sessions

As Governor Tony Evers prepares for the 2025-27 budget process, he will host a series of Budget Listening Sessions across Wisconsin to gather public input. These sessions offer an opportunity for residents to voice their opinions on state priorities, including potential reforms such as cannabis decriminalization.

A virtual session is being held on 12/16 from 4:00–5:30 PM. For more information and to register, visit: https://us06web.zoom.us/…/tZUtduqpqTgoE9Pizvu2wqHuwv84Y…

If you are unable to attend the Governor’s Virtual Budget Listening Session, you can still submit comments to the Governor online here: https://wi.accessgov.com/…/governor/voice-an-opinion/0

Budget Listening Session in Milwaukee 
Tues., Dec. 10, 2024, at 5:30 p.m.  
Register to attend here.

Sources for Reference:

• Wisconsin Public Defender Board Selects Jennifer Bias as Public Defender
• Wisconsin Public Defender Budget Request Cut Down Criminal Charges
• Wisconsin State Public Defenders Office Requests Decriminalization
• Wisconsin Public Defender’s Office Seeks Change in Drug Laws
• Budget Cuts Force Wisconsin to Decriminalize 25 Grams