Medical marijuana bill coming back to Wisconsin in January. Here's what else is ahead on pot legalization in 2024.
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At the start of this year, it seemed possible that Wisconsin's marijuana laws could change, and the state would join 38 others in offering a medical-use program.
That prospect came and went in 2023. But the momentum could pick up again in the new year.
In a year-end interview with the Milwaukee Journal Sentinel, Assembly Speaker Robin Vos said Republicans will reintroduce a medical marijuana bill in January. He said lawmakers have been meeting six or eight times for a couple hours, hammering out answers to about 50 questions.
"People have been frustrated because they think it took us too long," said Vos, a Republican from Rochester. "Well, because it took us a long time to reach consensus. Because part of the problem that I fear is that Democrats want everything or nothing."
Republican leaders have said they were close to legalizing medical marijuana before. Senate Majority Leader Devin LeMahieu said in January that his caucus was getting "pretty close" to supporting medical use. But unlike last year, that idea never got a public hearing.
LeMahieu, a Republican from Oostburg, told the Journal Sentinel earlier this month that the bill's author, Republican Sen. Mary Felzkowski of Tomahawk, had been meeting with Vos "to come to an agreement on what medical marijuana would look like."
Felzkowski didn't respond to requests for comment for this article. But LeMahieu sounded optimistic about the bill advancing next year.
"Depending on how that how that bill is drawn up, there's a potential of getting it through both houses, but I don't know," LeMahieu said. "I think they're just working through the details. So if they get on the same page, then potentially."
Beyond medical marijuana, what else happened in cannabis policy this year — and what could come next? We spoke to lawmakers at the forefront of the issue to look back and preview future developments:
One more of Wisconsin's neighbors legalizes recreational use of marijuana
Proponents of legalizing marijuana in Wisconsin have long called the state an "island of prohibition."
That became even more true this summer when Minnesota green-lit recreational cannabis use, joining neighbors Illinois and Michigan.
And nearby Ohio became the 24th state to legalize recreational marijuana, with the new law going into effect earlier this month. Ohio's citizen-driven referendum passed with 57% of voters supporting legalization.
More: Ohio voted to legalize marijuana and abortion. Could that happen in Wisconsin?
Recreational marijuana use remains illegal in Wisconsin. And although transporting marijuana across state lines is a federal crime, residents still do it.
In fact, a state estimate from March found Illinois collected $36.1 million in taxes from sales to Wisconsinites. Past estimates found legalizing weed in Wisconsin could generate $166 million in the first year.
And a majority of state residents want to see it happen. In the most recent Marquette Law School Poll, 64% supported legal marijuana. In 2019, the poll found 83% supported using marijuana for medical purposes.
Reintroduced bill reflects shifts toward decriminalizing marijuana
The latest cannabis bill in the Legislature, introduced by a Republican and two Democrats, wouldn't legalize marijuana but would reduce the fine to $100 for people possessing up to 14 grams.
Currently, marijuana possession is a misdemeanor and carries up to a $1,000 penalty and six months in jail. Convictions after that are raised to a felony, which can include up to $10,000 in fines and over 3½ years in jail.
Rep. Shae Sortwell, a Republican from Two Rivers, said the bill is a compromise to "try to bring together this wide range of disagreements related to marijuana policy."
The idea isn't new. A bipartisan group of lawmakers introduced a similar measure in 2017. And local governments in Wisconsin have already moved to lower penalties — including in Milwaukee County, where the fine was decreased to $1 in 2021.
In fact, the bill would raise penalties in municipalities like Green Bay, which has a $0 fine but $61 in court fees. It would require local governments to land between $100 and $250. Sortwell noted law enforcement can still charge higher — that can be the case for second offenses.
Sortwell said he didn't get "hard no's" on a hearing for the bill last time, but "they were kind of just waiting to kind of see what we were going to do in general." He hopes that, if the bill doesn't get a hearing this time, parts of it could be incorporated into the medical marijuana bill.
Vos said he doesn't support the decriminalization effort, believing it would be more difficult for Republicans to pass a medical marijuana bill if people are under the impression it would open the door to full marijuana legalization.
"I just think the problem in America is not too few people using drugs," Vos said, reiterating his opposition to legalizing marijuana for recreational use.
Senate could lose key Democratic champion
As Democrats continue pitching full legalization, they could lose a key lawmaker who has introduced bills to legalize recreational marijuana six times since 2013.
Sen. Melissa Agard, a Democrat from Madison, sees the decriminalization bill as "a good step forward, but I think it's also important that we don't just take a partial step when we know that the majority of the people in Wisconsin want full, responsible adult usage policy."
Agard, who stepped down as the party leader in her chamber as she runs for Dane County executive, said marijuana policy "is an issue that will continue to move forward after my time in the Legislature is gone."
While many of her legalization bills haven't gotten hearings, that could change if the Wisconsin Supreme Court's ruling on a redistricting lawsuit boosts Democrats' representation in the Legislature. She said marijuana legalization "would be on the list" of policies that a Democratic majority would change.
"I am hopeful, with the consideration of fair maps in the state of Wisconsin, with the gerrymandering lawsuit, that this, as well as many other situations that people in Wisconsin want us to move forward with, are actually more successful," Agard said.
Sortwell noted that turnover could lead to more Republicans coming into the Legislature whose views on marijuana are more libertarian, like his.
"From knocking on doors and talking to people, my colleagues included, they started to realize that this isn't just a Democrat issue. This is actually an issue that has widespread support among conservatives and moderates," he said. "I think that's going to shift sooner or later."
Molly Beck, Jessie Opoien and Tyler Katzenberger of the Milwaukee Journal Sentinel contributed to this report.
This article originally appeared on Milwaukee Journal Sentinel: Wisconsin medical marijuana legalization bill to return in January
