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How Many Americans Can Hold A Joint Of Marijuana Without Fear Of Going To Jail?

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A new Marijuana Moment analysis finds that a majority of Americans now live in places where first-time, low-level possession of cannabis will generally not result in jail time.

Fifty-five percent of the population—nearly 179 million people—reside in a decriminalized area where adults mostly don’t have to worry about being put behind bars for being apprehended a first time with a small amount of marijuana, even if they don’t have a doctors’ recommendation for medical use.

Many statistics have been thrown around about how many Americans live in a state where some form of marijuana is legal. How these states are tallied is up for debate, largely because of differing language and laws for medical cannabis. Depending on how one counts, 30 or 31 states have comprehensive medical marijuana programs, and an additional 15 or so allow certain patients to access low-THC cannabis extracts.

For recreational marijuana, only nine states and Washington D.C. have passed laws legalizing possession (and most, but not all of those, allow commercial sales and home cultivation). Seventy million people live in these adult-use states or jurisdictions, or 21.5 percent of the U.S. population.

Aside from these places where marijuana is legal for medical or non-medical use, additional states and municipalities have embarked on decriminalization efforts that generally allow people to avoid jail time for low-level possession, even as the drug remains formally prohibited.

That includes a renewed effort by officials in New York City to stop prosecuting low-level cannabis offenses. Mayor Bill de Blasio (D) said in 2014 that police would begin issuing summonses, rather than arrests, in those cases. But police have since continued to arrest an average of 17,000 people per year for possession, 87 percent of whom are black or Hispanic.

This summer, Manhattan District Attorney Cyrus Vance Jr. declared that, as of August 1, his department would no longer be prosecuting marijuana possession or smoking cases.

Brooklyn District Attorney Eric Gonzalez made a similar move. And the NYPD instituted its own policy of avoiding arrests for low-level cannabis offenses in many cases, an approach that went into effect on September 1.

While marijuana is technically decriminalized in all of New York State, a loophole in the law has allowed police to make arrests for cannabis that is in “public view.” If these new initiatives are successful, the 43 percent of New York State residents who reside within New York City will have a little more freedom. 

Which caused us to wonder:

How many Americans now live somewhere they can carry around a joint in their pocket, without an accompanying medical cannabis recommendation, and not have to fear being arrested and sent to jail?

Marijuana Moment decided to tally up all the states and localities where possession of a joint containing the average one gram of weed is, at least in theory, not supposed to result in time behind bars, even if someone had multiple encounters with law enforcement for possession over time. We used NORML’s  and the Marijuana Policy Project’s resources for local and state laws.

In addition to the nine legal states and the District of Columbia, at least some jurisdictions in 23 states, plus Guam and the U.S. Virgin Islands have passed laws to decriminalize marijuana possession. The Commonwealth of the Northern Mariana Islands has passed a legalization bill that is now awaiting the governor’s signature.

We define “decriminalized locations” as ones in which in most circumstances, possession by adults of small (and in some cases large) amounts of cannabis will result in either no penalty, or an infraction or misdemeanor charge plus fine, without the threat of jail time.

We found that at least 146 million Americans live in such legal or decriminalized locations, or 45 percent of the population of the United States. (An additional 1.2 million Michiganders in 16 cities are protected—but only if they are on private property, so are not counted in this total.)

The Impact of Multiple Apprehensions

In addition to the roughly 146 million Americans who live in places where they don’t have to worry about being locked up for low-level cannabis possession no matter how many times they are caught, a further 32.7 million live in a state, county or city where, if it is their first (or in some cases, second or third) time being apprehended, they would face only a civil infraction or misdemeanor charge without jail time. Subsequent offenses carry escalating penalties where incarceration is a possibility.

Several large cities within otherwise criminalized states have opted to enact local decriminalization ordinances. In Florida, for example, six cities and seven counties have decriminalized possession of up to 20 grams of cannabis. Thirty-nine percent of the state’s residents live in those locations. A sizable 34 percent of Texans live in a decriminalized jurisdiction, while 31 percent of New Mexico residents and 27 percent of Wisconsinites are protected by local laws.

If these states (Mississippi, Missouri, Nebraska, New York, North Carolina and Rhode Island) and localities are included, 55 percent of Americans who haven’t seen a possession charge before would be “safe” from the threat of being put behind bars for initial run-ins with the police over cannabis.

“Jailing people for consuming cannabis is not only unpopular, but widely viewed as a ludicrous idea,” Karen O’Keefe, state policies director for the Marijuana Policy Project (MPP), told Marijuana Moment. “It is no longer just voters calling for decriminalization, but also police chiefs, prosecutors, and other officials at every level of government.”

State/Territory Status
Alabama criminalized everywhere
Alaska legal for adults
American Samoa criminalized everywhere
Arizona criminalized everywhere
Arkansas some cities/counties decriminalized
California legal for adults*
Colorado legal for adults*
Connecticut decriminalized
Delaware decriminalized
District of Columbia legal for adults*
Florida some cities/counties decriminalized
Georgia some cities/counties decriminalized
Guam decriminalized
Hawaii criminalized everywhere
Idaho criminalized everywhere
Illinois decriminalized
Indiana criminalized everywhere
Iowa criminalized everywhere
Kansas criminalized everywhere
Kentucky criminalized everywhere
Louisiana two cities decriminalized
Maine legal for adults*
Maryland decriminalized
Massachusetts legal for adults*
Michigan some cities/counties decriminalized
Minnesota decriminalized
Mississippi 1st offense only decriminalized
Missouri 1st offense only, three cities decriminalized for subsequent offenses
Montana one county first offense decriminalized
Nebraska 1st offense only decriminalized
Nevada legal for adults*
New Hampshire decriminalized
New Jersey criminalized everywhere
New Mexico two cities decriminalized
New York 1st and 2nd offense decriminalized, New York City not prosecuting
North Carolina 1st offense only decriminalized (jail time suspended for 2nd to 5th offenses)
North Dakota criminalized everywhere
Northern Mariana Islands legalization bill awaiting governor’s signature
Ohio decriminalized, some cities no penalty
Oklahoma criminalized everywhere
Oregon legal for adults*
Pennsylvania some cities decriminalized
Puerto Rico illegal everywhere
Rhode Island 1st and second offense decriminalized
South Carolina criminalized everywhere
South Dakota criminalized everywhere
Tennessee criminalized everywhere
Texas some cities/counties decriminalized
U.S. Virgin Islands decriminalized
Utah criminalized everywhere
Vermont legal for adults*
Virginia criminalized everywhere
Washington legal for adults*
West Virginia criminalized everywhere
Wisconsin some cities decriminalized
Wyoming criminalized everywhere

*No jail time for those under 21

Decriminalization Often Still Involves Penalties

Decriminalized doesn’t mean “fine-free.” In New Hampshire, if you are caught possessing four times in three years, you won’t go to jail, but you could be fined up to $1,200. Several Wisconsin locales have passed laws where jail time is omitted, but you might have to shell out up to $1,000. Minnesota has a hefty fine of $1,000 if more than 1.4 grams of cannabis is found inside a vehicle (not secured in the trunk).

The patchwork of policies across the country and within individual states, and the unclear terminology often attached to these proposals (“decriminalization,” “lowest law enforcement priority,” “civil violation”) means that these laws are often poorly understood by consumers and inconsistently enforced by police. The uncertainty surrounding those terms and the policies they apply to also meant that Marijuana Moment had to make some decisions about which jurisdictions to include in our analysis; generally, we counted places where the clear intent of policymakers was to let people avoid jail time for possessing small amounts of cannabis in most cases.

A further wrinkle is the fact that in many municipalities that have enacted decriminalization ordinances, local police can continue to enforce and charge people under overarching state marijuana criminalization laws, and state law enforcement agencies can of course continue to bring charges that come with jail time. People living in or visiting those cities shouldn’t necessarily be too brazen about possessing small amounts of cannabis—or consuming it in public, which is legal exactly nowhere.

“The rate of local governments acknowledging the futility of marijuana criminalization has accelerated greatly in the last few years,” Justin Strekal, political director for NORML, told Marijuana Moment. “But sadistically, many in law enforcement still will seek any justification possible to escalate a confrontation with a civilian that they have made a personal judgement upon—and can still rely on state-level criminalization statutes to do so. While the policy of local decriminalization is a step in the right direction, even in those jurisdictions, many consumers still live under threat by uniformed officers who allegedly are sworn to protect and serve those very communities.”

What’s more, in some “decriminalized” jurisdictions, a conviction still may result in a criminal record which can carry life-altering collateral consequences—including making it harder to get employment or housing—even if time behind bars isn’t a possibility.

It should also be noted that some states where adult-use sales have been legalized actually have more stringent possession laws than states that have merely decriminalized possession. In Colorado, for example, penalties—including jail time—are on the books for possession of more than two ounces. In Ohio, where cannabis prohibition is still in effect, up to 100 grams (roughly 3.5 ounces) is a misdemeanor with no incarceration.

“While public policy and the public’s perceptions are moving in the right direction, there is still a tremendous amount of work to be done,” O’Keefe, of MPP, said. “Marijuana is still illegal in 41 states, and consumers are still subject to potential jail time and life-altering criminal records in about half of U.S. jurisdictions.”

The Big Cities 

Citizens and visitors to any county in 18 states, Puerto Rico and American Samoa face jail time for any amount of cannabis on their person. But possession of a joint is legal or effectively decriminalized in 24 of the 35 largest cities in the United States:

City State Population (July 2017
Census estimate)
Legal or
Decriminalized
New York New York 8,622,698 Y
Los Angeles California 3,999,759 Y
Chicago Illinois 2,716,450 Y
Houston Texas 2,312,717 Y
Phoenix Arizona 1,626,078 N
Philadelphia Pennsylvania 1,580,863 Y
San Antonio Texas 1,511,946 Y
San Diego California 1,419,516 Y
Dallas Texas 1,341,075 Y
San Jose California 1,035,317 Y
Austin Texas 950,715 Y
Jacksonville Florida 892,062 N
San Francisco California 884,363 Y
Columbus Ohio 879,170 Y
Fort Worth Texas 874,168 N
Indianapolis Indiana 863,002 N
Charlotte North Carolina 859,035 Y (first-strike)
Seattle Washington 724,745 Y
Denver Colorado 704,621 Y
Washington District of Columbia 693,972 Y
Boston Massachusetts 685,094 Y
El Paso Texas 683,577 N
Detroit Michigan 673,104 On 2018 ballot
Nashville Tennessee 667,560 N
Memphis Tennessee 652,236 N
Portland Oregon 647,805 Y
Oklahoma City Oklahoma 643,648 N
Las Vegas Nevada 641,676 Y
Louisville Kentucky 621,349 N
Baltimore Maryland 611,648 Y
Milwaukee Wisconsin 595,351 Y
Albuquerque New Mexico 558,545 Y
Tucson Arizona 535,677 N
Fresno California 527,438 Y
Sacramento California 501,901 Y

The totals in Marijuana Moment’s analysis seem poised to grow later this year and into 2019 as more cities and states vote on reform measures. In November alone, Michigan and North Dakota have legalization measures on the ballot, while Missouri and Utah voters will consider medical cannabis initiatives.

North Dakota Likely To Vote On Marijuana Legalization In November

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Polly has been creating print, web and video content for a couple of decades now. Recent roles include serving as writer/producer at The Denver Post's Cannabist vertical, and writing content for cannabis businesses.

Politics

Medical Marijuana Bill Passes Mississippi Legislature And Heads To Governor’s Desk

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More than 14 months after voters in Mississippi passed an initiative to legalize medical marijuana—a law the state Supreme Court later overturned—Republican-led lawmakers have sent a bill to the governor on Wednesday that would establish a more limited cannabis program for patients, the result of months of negotiations and last-minute changes to a nearly 450-page bill.

Following a conference committee meeting during which lawmakers from the House and Senate approved a change in how certain marijuana businesses would be zoned, both chambers passed the final legislation with veto-proof majorities. The Senate’s tally was 46-4, with one member voting present, and the House cleared the bill on a 103-13 vote.

While the overall bill remains largely the same as an earlier version passed by the Senate this month, amendments made last week in the House reduced the overall monthly amount of cannabis products available to patients and removed the Department of Agriculture and Commerce from oversight of the industry.

“This has been a long journey, and it’s nice to be in a place where everyone is in agreement,” Rep. Lee Yancey (R), who championed the bill in the House, said at Tuesday’s press conference. “It looks like we will finally be able to provide relief to those people with debilitating illnesses who so badly need it. Medical cannabis will now be an option for them as soon as we get the conference report signed and sent to the governor.”

The legislature will next formally transmit the bill to Gov. Tate Reeves (R), who then has five days, excluding Sundays, either to sign it into law or return it with objections. If the governor doesn’t take any action by the deadline, the bill will become law without his signature.

Reeves has been wary of legalization in recent months, at one point threatening to veto a draft bill if it made it to his desk. Since then, proponents in the legislature have worked to balance the voter-approved initiative’s more permissive proposals against the governor’s calls for tighter restrictions.

The governor said last week that the measure has become “better” with every revision and rightly predicted there would be further amendments by the House.

Provided the bill becomes law, dispensaries would be licensed about six months later, meaning Mississippi’s medical cannabis program could be up and running, at least in limited form, by the end of the year.


Marijuana Moment is already tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

The bill, SB 2095, draws heavily from provisions negotiated by lawmakers in the second half of last year, as legislative leaders prepared a bill for an anticipated special session last summer that the governor never called. Supporters say the lengthy proposal represents a middle ground between the more permissive plan approved by voters and the narrower approach preferred by Reeves and some lawmakers.

The legislation as now approved by both chambers would allow patients with about two dozen qualifying medical conditions to purchase the equivalent of 3.5 grams of marijuana (or 1 gram of cannabis concentrate) per day, with a maximum monthly limit of 3 ounces. Voters approved a monthly limit of 5 ounces in 2020, and the bill as passed by the Senate last week would have allowed 3.5 ounces, but that was further scaled back by the House earlier this week.

Qualifying conditions under the bill include cancer, Parkinson’s, Huntington’s, muscular dystrophy, glaucoma, spastic quadriplegia, HIV, AIDS, hepatitis, Alzheimer’s, sickle-cell anemia, Crohn’s, ulcerative colitis, neuropathy, spinal cord disease or severe injury as well as chronic medical conditions or treatments that produce severe nausea, cachexia or wasting, seizures, severe or persistent muscle spasms or chronic pain.

Further conditions could be added later by regulators via petition. State-issued patient registration cards would cost $25, though some people could qualify for a lower price.

Registered patients would be subject to purchase limits that would restrict them to no more than one “medical cannabis equivalency unit” per day, which the bill defines as 3.5 grams of cannabis flower, one gram of concentrate or up to 100 milligrams of THC in infused products. While those limits are significantly lower than in most states where cannabis is legal for medical patients, Reeves said last year the program should allow only half those amounts.

Patients or caretakers would be forbidden from growing their own cannabis under the proposal. Products from state-licensed companies, meanwhile, would be limited to 30 percent THC for cannabis flower and 60 percent for concentrates.

Medical marijuana would be taxed at a wholesale rate of 5 percent, and purchases would also be subject to state sales tax.

While smoking and vaping cannabis is allowed for patients, both would be illegal in public and in motor vehicles. It would still be a crime for patients to drive under the influence.

The advocacy group Marijuana Policy Project, which has criticized some of the plan’s limitations compared to the voter-passed initiative, nonetheless called the bill an important step forward for the state.

“Today is an historic day for the patients of Mississippi,” Kevin Caldwell, the group’s Southeast legislative manager, told Marijuana Moment. “We congratulate the legislature for upholding the will of the people, and we call on Gov. Tate Reeves to sign this legislation into law when presented to him.”

The legislation would task the Mississippi Department of Health to oversee the new industry and establish a nine-member advisory committee to make recommendations on issues such as patient access and industry safety.

Previous versions of the bill also tasked the state Commission of Agriculture and Commerce with regulatory duties, but the House removed the agency through an amendment. Commissioner Andy Gipson, who for months had pushed back against the plan, thanked House Speaker Philip Gunn and other lawmakers for making the change in a statement issued last week.

“The best place for a truly medical program is under the Department of Health, which reflects the will of the voters in Initiative 65,” Gipson said, according to SuperTalk Mississippi. “This change is good policy for Mississippi agriculture and allows us to focus on our core mission. It is also good policy for the taxpayers of Mississippi because it achieves greater efficiency in the use of funds by reducing the number of agencies involved in the program.”

Licensing of cannabis businesses other than dispensaries—including cultivators, processors, transporters, disposal entities, testing labs and research facilities—would begin 120 days after the bill’s passage, with the first licenses issued about a month after that. The dispensary licensing process would kick off 150 days after passage, with the first licenses coming a month later.

In general, local governments could not ban medical cannabis businesses outright or “make their operation impracticable,” the bill says, but a separate provision would allow local governments to opt out of the program altogether within 90 days of the bill’s passage. In such cases, citizens could then petition to put the question to a vote.

There would be no limit on the number of licensed businesses under the plan. Cannabis businesses may have to get seek local approval to operate, however, and municipalities can adopt zoning and land use restrictions.

The original Senate bill would have allowed cultivators and processors to be located only in areas zoned for agricultural or industrial use, and the House later added an amendment to let those businesses set up in commercially-zoned area as well, but the Mississippi Municipal League pushed back on the change. The conference committee altered that by saying that the businesses could only operate commercial zones if granted a variance by a local government.

Mississippi voters decisively approved a broad legalization initiative in November 2020, but the state Supreme Court overturned the measure on procedural grounds last May—simultaneously doing away with the state’s entire initiative process.

For much of last year, it appeared lawmakers were set to pass a medical marijuana bill during a special legislative session, but the governor ultimately decided against calling the special session after reaching an impasse with lawmakers. Those who supported legalization said at the time that responsibility for the failure rested with Reeves.

Later that month, Reeves dodged questions from patient advocates about why he’d failed to call the special session. Then in late December, he said on social media that he had “repeatedly told the members of the Legislature that I am willing to sign a bill that is truly medical marijuana,” but stressed that there should be “reasonable restrictions.”

Last week, before the House floor vote, Rep. Lee Yancey (R), who chairs the House Drug Policy Committee and who’s been working on the legislation with Sen. Kevin Blackwell (R), said that he never imagined he’d be in the position to legalize cannabis. But he said he worked to ensure the bill was focused on providing medicine to patients, not paving a route to a recreational program as critics have claimed.

“When I got involved in this bill, I said, ‘How can we build a wall around this program so the people who get it are the people who need it the most, and only the people who need it the most?” Yancey said. “This is not for everybody out on the street. This is not for a bunch of kids. This is for hurting people with debilitating conditions.”

A poll released in June found that a majority of Mississippi voters support legalizing marijuana for both medical and recreational use, with 63 percent saying they want the legislature to pass a bill that mirrors the ballot measure that was nullified by the Supreme Court.

Amazon Endorses GOP-Led Bill To Federally Legalize Marijuana

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Minnesota Governor Puts Marijuana Legalization Funding In Budget Request

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The governor of Minnesota included funding to implement marijuana legalization in his annual budget request to lawmakers on Wednesday—a move that comes while Democratic legislative leaders prepare to advance the reform again this session even as it has stalled in the GOP-controlled Senate.

Gov. Tim Walz (D) has consistently expressed support for the policy change, but he declined to propose putting dollars toward implementation in his last budget request. Now he says he wants funding for multiple programs and departments to launch an adult-use marijuana market in line with a bill that passed the Democratic-controlled House last year.

The governor’s recommended funding for legalization would go to numerous state agencies, including those dealing with education, health, public safety, human services, the state Supreme Court, corrections and more.

The budget “also includes funding for grants to assist individuals entering the legal cannabis market, provides for expungement of non-violent offenses involving cannabis, and implements taxes on adult-use cannabis,” the request says.

“The Governor and Lieutenant Governor know that Minnesota needs modernized solutions to harness the benefits of legalizing cannabis, including expanding our economy, creating jobs across the state, allowing law enforcement to focus on violent crime, and regulating the industry in order to keep our kids safe,” a press release says. “The Governor and Lieutenant Governor recommend funding for the safe and responsible legalization of cannabis for adult-use in Minnesota.”

“A new Cannabis Management Office would be responsible for the implementation of the regulatory framework for adult-use cannabis, along with the medical cannabis program, and a program to regulate hemp and hemp-derived products. The recommendation also includes funding for grants to assist individuals entering the legal cannabis market, additional resources for substance use disorder treatment and prevention, provides for expungement of non-violent offenses involving cannabis, and implements taxes on adult-use cannabis.”

“Prohibiting the use of cannabis in Minnesota hasn’t worked.”

Previously, in 2019, the governor directed state agencies to prepare to implement reform in anticipation of legalization eventually passing.

While advocates are hopeful that the sponsors of that legislation will be able to make revisions and advance it through the House again this year, its prospects in the Republican-controlled Senate are less certain. House Majority Leader Ryan Winkler (D) and Senate Minority Leader Melisa Franzen (D) discussed the legislative strategy for enacting the reform last week.


Marijuana Moment is already tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

“Because of the hard work done by advocates in recent years, legalizing cannabis for adult-use within a regulated market and expungement of past cannabis convictions is now a mainstream idea that has the support of the Minnesota House of Representatives and Governor Tim Walz,” Winkler said in a press release on Wednesday, reacting to the budget proposal.

“Senate Republicans are now the sole barrier preventing Minnesota from legalizing cannabis and expanding adults’ personal freedoms,” he said. “I invite Senate Republicans to collaborate with advocates and lawmakers this year to advance mainstream policies like legalizing adult-use cannabis and expunging cannabis convictions.”

Winkler previously said that his bill, which moved through 12 committees before being approved on the floor, is the “product of hundreds of hours of work involving thousands of people’s input, countless hearings and public listening sessions—but it is not a perfect bill.”

“We will be working with our colleagues in the Minnesota Senate,” he added. “We’re interested in pursuing legalization to make sure that the bill represents senators’ priorities for legalization as well.”

Leili Fatehi, campaign manager of Minnesotans for Responsible Marijuana Regulation, told Marijuana Moment that the governor’s “inclusion of cannabis legalization as a priority in his proposed supplemental budget is directly responsive to the issues Minnesotans care about most right now.”

That includes “the need for more good-paying jobs and more opportunities for Minnesota’s farmers, small businesses, and local economies; the need to expunge the past cannabis records of people who are needlessly shut out of the struggling labor market; the need to free up our public safety and criminal justice systems to focus on real violent crimes and criminals; and the need to undo the decades of harm our prohibition laws have inflicted on our neighbors and communities of color,” Fatehi said.

While legalization wasn’t ultimately enacted last session, the governor did sign a bill to expand the state’s medical marijuana program, in part by allowing patients to access smokable cannabis products.

A poll conducted by Minnesota lawmakers that was released last year found that 58 percent of residents are in favor of legalization. That’s a modest increase compared to the chamber’s 2019 survey, which showed 56 percent support.

The House majority leader said in 2020 that if Senate Republicans don’t go along with the policy change legislatively, he hopes they will at least let voters decide on cannabis as a 2022 ballot measure.

Governors outside of Minnesota have also been talking up marijuana reform at the start of the new year.

For example, New York Gov. Kathy Hochul (D) released a State of the State book earlier this month that called for the creation of a $200 million public-private fund to specifically help promote social equity in the state’s burgeoning marijuana market. And her budget estimated that New York stands to generate more than $1.25 billion in marijuana tax revenue over the next six years.

The governor of Rhode Island included a proposal to legalize marijuana as part of his annual budget plan—the second time he’s done so. And time around, he also added new language to provide for automatic cannabis expungements in the state.

Wisconsin Republicans Announce Limited Medical Marijuana Legalization Bill

Photo courtesy of Philip Steffan.

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Wisconsin Republicans Announce Limited Medical Marijuana Legalization Bill

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More than a dozen Republican Wisconsin lawmakers announced on Wednesday that they are filing a bill to legalize medical marijuana in the state.

Sen. Mary Felzkowski (R) and Rep. Patrick Snyder (R) are leading the bicameral effort, though advocates are already skeptical considering how the GOP-legislature has historically resisted and blocked cannabis reform. On Tuesday, for example, the Senate passed a bill to increase penalties for people who use butane to extract marijuana resin, and GOP members also shot down an amendment to the measure that would have legalized adult-use cannabis.

The Republican-led medical cannabis legislation is also fairly restrictive, as it prohibits smokable marijuana products and doesn’t allow patients to grow cannabis for personal use. Patients could only obtain cannabis preparations in the form of oils, pills, tinctures or topicals.

What it would do is allow doctors to issue medical cannabis recommendations to patients with one of eight conditions, including cancer, seizure disorders, post-traumatic stress disorder and multiple sclerosis.

Assembly Speaker Robin Vos has expressed support for medical cannabis reform, and the lead Senate sponsor said at Wednesday’s press conference that Majority Leader Devin LeMahieu (R) is “more than willing” to hold a hearing on the proposal.

Under the bill, a medical marijuana regulatory commission would be established through the Department of Revenue to promulgate rules for the program in consultation with a medical cannabis advisory board. The commission could add more qualifying conditions.

Licensed processors would be taxed at a rate of 10 percent for “each wholesale sale in this state of medical marijuana to a licensed dispensary,” the text of the bill says. Revenue would go toward a medical marijuana fund to support drug prevention and treatment programs.


Marijuana Moment is already tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

It does not appear that the measure contains equity provisions like expungements that are favored by progressives.

“Currently 36 other states, including our neighbors Michigan, Illinois, and Minnesota, have passed laws allowing patients with certain medical conditions to access medical marijuana if their doctors recommend it,” a co-sponsorship memo that Felzkowski and Snyder sent to fellow legislators on Wednesday says. “Medicine is never one-size-fits-all, and it is time for Wisconsin to join the majority of the country in adding another option which may help patients find the relief they need.”

The memo also discusses how voters in multiple cities and counties across Wisconsin have strongly approved local, non-binding ballot referendums expressing support for marijuana reform in recent years.

“Wisconsinites who have discussed the positive benefits of using marijuana for medicinal purposes with their primary care physicians are currently forced to endure pain and physical agony, traffic drugs into Wisconsin and become criminals, or be held hostage by the FDA approved pain killers that may alleviate their pain, but come with a host of side effects that diminish quality of life,” a summary of the proposal says.

This isn’t the only cannabis bill that’s up for consideration in the Wisconsin legislature.

In November, a bipartisan pair of legislators introduced a bill to decriminalize low-level marijuana possession. In August, three senators separately filed legislation to legalize cannabis for adult use in the state.

As it stands, marijuana possession is punishable by a maximum $1,000 fine and up to six months in jail for a first offense. People convicted of a subsequent offense would face a felony charge punishable by a maximum $10,000 fine and up to three and a half years in prison.

Gov. Tony Evers (D) tried to legalize recreational and medical marijuana through his proposed state budget last year, but a GOP-led legislative committee stripped the cannabis language from the legislation. Democrats tried to add the provisions back through an amendment the next month, but Republicans blocked the move.

Other Republican lawmakers have filed bills to more modestly decriminalize marijuana possession in the state, but none of those proposals advanced during last year’s session.

Evers held a virtual town hall event last year where he discussed his cannabis proposal, emphasizing that polling demonstrates that Wisconsin residents back the policy change.

And in the interim as lawmakers pursue reform, the governor has issued more than 300 pardons during his years in office, primarily to people convicted of non-violent marijuana or other drug offenses.

Colorado Activists File Revised Ballot Initiatives To Legalize Psilocybin And Establish ‘Healing Centers’

Photo courtesy of Chris Wallis // Side Pocket Images.

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