Bipartisan bill would lower penalties for first-time marijuana possession

iStock/Dolores Preciado

MADISON, Wis. (CBS 58) -- A pair of state lawmakers are circulating a bill that would reduce the severity of penalties faced by people caught possessing marijuana for the first time. The bipartisan effort would also limit when a marijuana-related convictions can be counted toward repeater penalties for other drug-related offenses.

State Reps. Sylvia Ortiz-Velez (D-Milwaukee) and Shae Sortwell (R-Two Rivers) shared the bill Tuesday afternoon for possible co-sponsorship in the Assembly and Senate.

Currently, first-time marijuana possession is a misdemeanor offense, and conviction carries a possible fine of up to $1,000 or as many as six months in prison. Repeat convictions are a Class I felony, and those come with fines of up to $10,000 or prison sentences as long as three-and-a-half years.

The bipartisan bill would reduce first-time marijuana offenses to a civil forfeiture with a $100 fine for possession of 28 grams or less. If a first-time offender was caught with more than 28 grams, they would face misdemeanor charges punishable by a $1,000 fine or up to 90 days in prison.

The proposed changes would also require local government entities to allow payment of the $100 fine without requiring a court appearance, similar to how most speeding tickets are handled. 

The bill does not change penalties for repeat offenses.

Under the proposed changes, a conviction of marijuana possession would not toward repeat offender penalties in cases involving other drugs unless the marijuana conviction involved possession of 56 grams or less.

The bill also gives police officers discretion to decide whether to book a person suspected of violating marijuana possession laws, including whether to jail the offender, take them in for mugshot or fingerprint them. Police would still be required to obtain the suspect's name and address.

The two lawmakers pushed a similar bill in the 2023-24 legislative session, but that effort died without the bill getting a vote in either chamber.

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