Voters in 16 counties throughout Wisconsin will have the opportunity to formally weigh in on marijuana policy this November through a series of ballot measures.
Over the past few months, organizers have pushed to get advisory questions on the ballot at the county and local levels, seeking public input on legalization. In general, voters will be asked some version of the question, “do you believe that marijuana should be legalized and regulated like alcohol?” In other counties, the questions concern medical cannabis legalization.
Tuesday was the deadline for county clerks to approve advisory referendums, with Racine County approving a last-minute trio of cannabis questions for its ballot.
In addition to the more than dozen counties chiming in this November, at least two cities will pose similar legalization questions to voters.
According to Cannabadger, an online news site that’s been tracking marijuana referendums in Wisconsin, just under half of Wisconsin’s population lives in the counties that have approved cannabis advisory questions.
BREAKING: Racine County Board approves cannabis advisory referendum by 11-10 margin – Fifteen counties with 2.8 million residents will vote Nov. 6 on cannabis in Wisconsin! Thank You @FabiForRacine https://t.co/7Km82xn9dr #RacineCountyCannabisAdvisoryReferendum pic.twitter.com/No7H8wjWAE
— Cannabadger.com (@cannabadger) August 29, 2018
There’s nothing binding about the ballot questions, however; this process has historically served as a precursor for action by lawmakers.
In Massachusetts, for example, a number of advisory questions inquiring about marijuana legalization appeared on the 2014 ballot. Responses to those referendums showed strong support for reform—and just two years later, the state approved an adult-use legalization initiative.
Wisconsin appears to be heading down a similar path.
Of the 20 counties where legalization referendums have been considered, only five county boards have rejected the bids, generally by slim margins.
Here’s the full list of confirmed county cannabis questions:
Brown County: Should cannabis be legalized in Wisconsin for medicinal purposes, and regulated in the same manner as other prescription drugs?
Clark County: Should the State of Wisconsin legalize the use of marijuana for medical purposes and regulate its use in the same manner as other prescription drugs?
Dane County: Should marijuana be legalized, taxed and regulated in the same manner as alcohol for adults 21 years of age or older?
Eau Claire County: Should cannabis:
(a) Be legal for adult, 21years of age and older, recreational or medical use, taxed and regulated like alcohol, with the proceeds from the taxes used for education, healthcare, and infrastructure in Wisconsin?
(b) Be legal for medical purposes only and available only by prescription through a medical dispensary?
(c) Remain a criminally illegal drug as provided under current law?
Forest County: Should the State of Wisconsin allow individuals with debilitating medical conditions to use and safely access marijuana for medical purposes, if those individuals have a written recommendation from a licensed Wisconsin physician?
Kenosha County: Should the State of Wisconsin allow individuals with debilitating medical conditions to use and safely access marijuana for medical purposes, if those individuals have a written recommendation from a licensed Wisconsin physician?
La Crosse County: Should the State of Wisconsin legalize the use of marijuana by adults 21 years or older, to be taxed and regulated in the same manner that alcohol is regulated in the State of Wisconsin, with proceeds from taxes used for education, healthcare, and infrastructure?
Langlade County: Should the State of Wisconsin allow individuals with debilitating medical conditions to use and safely access marijuana for medical purposes, if those individuals have a written recommendation from a licensed Wisconsin physician?
Lincoln County: Should the State of Wisconsin allow individuals with debilitating medical conditions to use and safely access marijuana for medical purposes, if those individuals have a written recommendation from a licensed Wisconsin physician?
Marathon County: Should the State of Wisconsin allow individuals with debilitating medical conditions to use and safely access marijuana for medical purposes, if those individuals have a written recommendation from a licensed Wisconsin physician?
Marquette County: Resolved, that “We the People” of Marquette County, Wisconsin support the right of its citizens to acquire, possess and use medical cannabis upon the recommendation of a licensed physician, and;
Be It Further Resolved, that we strongly support a statewide referendum Wisconsin to join the thirty-two (32) states that have already approved the use of medical cannabis for the treatment of chronic pain, several debilitating diseases and disabling symptoms.
Milwaukee County: Do you favor allowing adults 21 years of age and older to engage in the personal use of marijuana, while also regulating commercial marijuana-related activities, and imposing a tax on the sale of marijuana?
Portage County: Should the State of Wisconsin allow individuals with debilitating medical conditions to use and safely access marijuana for medical [treatment] purposes, if those individuals have a written [treatment] recommendation from a licensed Wisconsin physician?
Racine County: Question No. 1: “Should marijuana be legalized for medicinal use?
Question No. 2: Should marijuana be legalized, taxed, and regulated in the same manner as alcohol for adults 21 years of age or older?
Question No. 3: Should proceeds from marijuana taxes be used to fund education, health care, and infrastructure?”
Rock County: Should cannabis be legalized for adult use, taxed and regulated like alcohol, with the proceeds from the Taxes used for education, healthcare, and infrastructure?
Sauk County: Should the state of Wisconsin legalize medical marijuana so that people with debilitating medical conditions may access medical marijuana if they have a prescription from a licenses Wisconsin physician?
Additionally, these cities will vote on marijuana advisory questions:
Racine: Should cannabis be legalized for adult recreational use in Wisconsin?
Should cannabis be legalized for medical use in Wisconsin?
Should cannabis sales be taxed and the revenue from such taxes be used for public education, health care, and infrastructure in Wisconsin?
Should cannabis be decriminalize in the State of Wisconsin?
Waukesha: Should cannabis be legalized in Wisconsin for medicinal purposes, and regulated in the same manner as other prescription drugs
“Just witnessing the huge turnouts and powerful testimony at the county board hearings around the state has increased the respect that cannabis reform is getting from the media and politicians around the state,” Eric Marsch, executive director of Southeastern Wisconsin NORML, told Marijuana Moment.
“Wisconsin’s constitution doesn’t allow for binding referendums, so we’ll have to legalize through the legislature. If the legislature gets elected with a majority vote in favor of legalization, that will put a lot more pressure on them.”
It’s not clear how residents will vote at the county and city levels in November, but a recent poll from Marquette University Law School found that 61 percent of Wisconsinites favor full cannabis legalization over prohibition. Just 36 percent of respondents said they opposed legalization.
Marsch said such polling is helpful but, because it’s based on a random sample of voters, “it’s easy for the politicians to dismiss the results as simply being heavily weighted in the more liberal parts of the state.”
“By having an exact count of where voters in each district stand on the issue, it will be a lot easier to hold the legislators accountable.”
As it currently stands, Wisconsin has some of the most restrictive marijuana laws on the books. Simple possession of small amounts of cannabis can still land you in jail for up to six months.
Photo courtesy of Philip Steffan.
Senate Schedules Hearing On Marijuana Business Banking Access
In one of the clearest signs of marijuana reform’s growing momentum on Capitol Hill, a Republican-controlled Senate committee has scheduled a hearing for next week that will examine cannabis businesses’ lack of access to banking services.
The formal discussion in the Senate Committee on Banking, Housing and Urban Affairs on Tuesday comes as legislation aimed at resolving the marijuana industry’s financial services problems is gaining momentum. A House cannabis banking bill that cleared that chamber’s Financial Services Committee with a bipartisan vote in March now has 206 cosponsors—nearly half the body—while companion Senate legislation has 32 out of 100 senators signed on.
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Congressman Files Marijuana Bill After Leaving Republican Party
In one of his first legislative acts since leaving the Republican Party earlier this month amid a feud with the president, Rep. Justin Amash (I-MI) filed a bill on Monday that would let states set their own marijuana policies without federal interference.
If that sounds familiar, it’s because bipartisan legislation that would accomplish the same goal has already been filed this Congress.
But unlike the nearly identical Strengthening the Tenth Amendment Through Entrusting States (STATES) Act, Amash’s new bill excludes one provision that would require the Government Accountability Office (GAO) to study the effects of cannabis legalization on road safety and issue a report on its findings within a year of the law’s enactment.
That language states that the GAO must study “traffic crashes, fatalities, and injuries” in legal cannabis states, actions taken by those states to “address marihuana-impaired driving,” testing standards being used to detect impaired driving and federal initiatives “aiming to assist States that have legalized marihuana with traffic safety.”
Given Amash’s libertarian leanings, it stands to reason that he opposes spending government dollars to conduct the research and simply supports the broader states’ rights intent of the original legislation.
That would also put him at odds with social justice advocates who feel that the STATES Act itself doesn’t go far enough and are pushing for more comprehensive legislation that includes additional provisions addressing social equity and restorative justice for people harmed by drug law enforcement.
Members of the House Judiciary Crime, Terrorism and Homeland Security Subcommittee heard that debate play out during a historic hearing on ending federal marijuana prohibition last week.
A newly formed coalition of civil rights and drug reform organizations, including the ACLU, is also insisting on passing wide-ranging legislation to deschedule cannabis entirely that also invests in communities that have been disproportionately impacted by prohibition.
Amash is a long-standing critic of the war on drugs and earlier this year signed on as a cosponsor of a separate bill that would federally deschedule marijuana. Rep. Tulsi Gabbard (D-HI), a 2020 Democratic presidential candidate, filed that legislation, which is also silent on social equity provisions.
— Justin Amash (@justinamash) March 8, 2019
Gabbard also introduced a separate bill that would require the U.S. Department of Health and Human Services and other federal agencies to study the impacts of legalization. True to form, Amash declined to add his name to that measure as well.
Read the text of Amash’s new cannabis bill below:
Photo courtesy of Kyle Jaeger.
Berkeley City Council Considers Decriminalizing Psychedelics This Week
A resolution to decriminalize psilocybin and other psychedelics will go before a Berkeley, California City Council committee on Wednesday.
Decriminalize Nature, the group behind the measure, also led the charge to successfully get a measure decriminalizing entheogenic plants and fungi approved by the City Council in neighboring Oakland last month.
In Berkeley, the Public Safety Committee will discuss the proposal and can either decide to hold it for a future meeting or advance it to the full Council. The public is able to attend Wednesday’s special meeting and share their perspective on the resolution, but Decriminalize Nature stressed in a tweet that this “is a small meeting, so you do NOT need to attend.”
Is it time for #DecriminalizeNature #Berkeley? Agenda 4 at the public safety meeting this Wed. July 17, with the Decriminalize Nature team! This is a small meeting, so you do NOT need to attend. But if you live in Berkeley, write your City Council! https://t.co/gMSDkegMPU
— Decriminalize Nature (@DecrimNature) July 15, 2019
However, city residents are being encouraged to write to their Council members and urge them to vote in favor of the measure, which would codify that “no department, agency, board, commission, officer or employee of the city, including without limitation, Berkeley Police Department personnel, shall use any city funds or resources to assist in the enforcement of laws imposing criminal penalties for the use and possession of Entheogenic Plants by adults of at least 21 years of age.”
The resolution defines the covered substances as “plants and natural sources such as mushrooms, cacti, iboga containing plants and/or extracted combinations of plants similar to ayahuasca; and limited to those containing the following types of compounds: indoleamines, tryptamines, phenethylamines.”
Councilmembers Rigel Robinson and Cheryl Davila are sponsoring the resolution, which does not allow for commercial sales or manufacturing.
The lawmakers provided background information on the measure in a report to their colleagues and the mayor, describing the medical potential of various psychedelics as well as the success of decriminalization measures in Denver and Oakland.
“It is intended that this resolution empowers Berkeley residents to be able to grow their own entheogens, share them with their community, and choose the appropriate setting for their intentions instead of having to rely exclusively on the medical establishment, which is slow to adapt and difficult to navigate for many,” they wrote.
While efforts to eliminate criminal penalties associated with psilocybin and other psychedelics have so far centered in jurisdictions that have historically embraced marijuana legalization and broader drug reform, the conversation around decriminalizing psychedelics is spreading nationally.
Shortly after Oakland approved its measure, Decriminalize Nature received inquiries from activities in cities from across the country. The group has kept track of each city where organizers are pursuing decriminalization.
Nature lovers are organizing coast to coast (and Hawaii)! Is your city on the map? Connect to join with your local community, or if you have the motivation to propose a similar initiative in your city/town/county, let’s start growing! contact [email protected] #DNUSA pic.twitter.com/38UxLKK9RN
— Decriminalize Nature (@DecrimNature) July 2, 2019
On Monday, a conversation around changing laws governing psychedelics reared during a City Council meeting in Columbia, Missouri. One resident implored the body to take up a resolution to decriminalize the natural substances, pointing to their therapeutic benefits.
Councilmember Mike Trapp said that the student’s proposal should be considered and that a government advisory board on public health should provide input on the medical potential of psychedelics, describing it as “very promising.”