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Penalties for possession of marijuana in Wisconsin could be changing drastically

Posted at 5:51 PM, Nov 17, 2021
and last updated 2021-11-17 18:51:08-05

WISCONSIN (NBC 26) — A new bipartisan bill would lighten penalties for marijuana possession in many parts of the state, including Green Bay. A group of lawmakers have proposed setting fines statewide between $100 and $250 for possessing 14-grams or less of marijuana. Currently, in Green Bay, violators of that law can face up to a $500 fine if they're caught with marijuana. Additionally, lawmakers say if this bill is passed it wouldn't just lower the fine for possessing small amounts of cannabis, but it also could prevent many people from getting charged with a felony for possession.

It's been nearly a decade since Jay Selthofner, the founder of the Wisconsin Cannabis Activist Network, has noticed any substantial legislation passed regarding the marijuana reform laws in Wisconsin. But he says that is slowly changing, and both republicans and democrats are starting to consider new laws regarding cannabis.

"The last time we had a public hearing in Wisconsin on a positive marijuana bill was in 2009. Every session I have been involved in we've seen more progressive legislation than the last session," says Selthofner.

Selthofner says he's optimistic about the proposal of a bipartisan bill that essentially would turn possession of a small amount of pot into a fine, rather than a major crime like a felony or misdemeanor. Under the proposal, law enforcement would issue citations rather than making arrests for possessing less than 14-grams of marijuana.

"You know, very similar to like a speeding ticket or jaywalking," says Selthofner.

Right now in Wisconsin if a person is arrested for possessing less than an ounce of cannabis on two separate occasions it can equate to a felony which would stay on a person's record. Additionally, the fines associated with the offense currently range from $1 in Madison to up to $500 dollars in Green Bay.

"Really what this bill is about is trying to figure out where can the state as a whole come down on this issue," says State Representative Shae Sortwell.

Representative Sortwell has co-authored the bill that proposes to put all of law enforcement across the state on the same page, issuing the same penalties for possessing small amounts of marijuana. He says it's something his constituents have been asking for.

"We also don't think you should necessarily go to prison or jail for it. We don't think it's necessarily something that you should pay for for the rest of your life and have a felony on your record," adds Sortwell.

And with bipartisan support for his bill at this point and an ever-increasing demand for marijuana reform across the state, Representative Sortwell says he's prepared to push for change...

"It's a bill that I believe reflects the will of the state in general," adds Sortwell.