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Bipartisan Wisconsin Lawmakers Officially Introduce Marijuana Decriminalization Bill

AB 861 is a bi-partisan decriminalization bill

A bipartisan group of Wisconsin lawmakers have formally introduced a measure to decriminalize marijuana possession after previewing the proposal earlier this month. Sponsors hope the limited, noncommercial reform will win enough support to clear the state’s GOP-controlled legislature and become law in parallel with a separate limited medical cannabis bill that Republican leaders say will be filed in January.

Assembly Bill 861, introduced by Reps. Shae Sortwell (R), Sylvia Ortiz-Velez (D) and Dave Considine (D), along with Sen. Lena Taylor (D), would remove the threat of jail time for simple possession of up to 14 grams of cannabis, replacing criminal charges with a $100 civil penalty.

Under current law, the offense is subject to a maximum $1,000 fine and up to six months in jail.

People caught using or possessing marijuana would also not need to appear in court under change proposed in the bill. Instead, they could simply pay the $100 fine, which would be considered by the court as a plea of no contest.

The measure would also stop courts from “counting” possession convictions involving up to 28 grams of marijuana, meaning people would not be charged as repeat offenders for possession small amounts of cannabis. For larger amounts, the bill would reduce the imprisonment time for repeat convictions from three and a half years down to 90 days.

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