Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB861

Introduced
12/22/23  
Refer
12/22/23  

Caption

Penalties for possession of marijuana, employer liability for not drug testing employees and prospective employees, and providing a penalty. (FE)

Impact

The impact of AB861 is considerable as it alters the legal framework surrounding marijuana possession. By decriminalizing minor possession and significantly lowering the potential penalties, the state aims to reduce the burden on its judicial system and prevent individuals from facing life-altering consequences for non-violent drug offenses. Additionally, the bill limits employer liability for not requiring drug tests for employees regarding marijuana usage, which could lead to fewer workplace dismissals related to marijuana use. Law enforcement will be granted discretion in processing violations, indicating a shift toward a more lenient approach in handling marijuana-related offenses.

Summary

Assembly Bill 861 seeks to amend existing laws regarding marijuana possession in Wisconsin, significantly reducing penalties and adjusting enforcement protocols. The bill proposes that possessing or attempting to possess 14 grams or less of marijuana will now incur a $100 civil forfeiture, replacing the misdemeanor charges that previously carried more severe penalties, including imprisonment up to six months and fines up to $1,000 for repeat offenses. Moreover, it aims to eliminate prior marijuana convictions from counting against individuals for repeat offenses involving possession of 28 grams or less, effectively reducing recidivism penalties related to marijuana possession.

Contention

Despite its progressive approach towards marijuana legislation, AB861 has faced contention. Critics argue that while the bill takes steps to decriminalize marijuana possession, it still maintains significant legal structures that can affect employment and civil liberties. The discretion given to law enforcement officers can be problematic, as it may lead to inconsistencies in enforcement across different jurisdictions. Furthermore, concerns regarding how local governments can react to the bill, especially in maintaining local ordinances that may still impose restrictions, remain a topic of debate among local lawmakers and community advocates.

Companion Bills

No companion bills found.

Previously Filed As

WI SB486

Legalizing the possession of marijuana; medical marijuana; regulating the production, processing, and sale of marijuana; expunging or redesignating past convictions for marijuana-related crimes; equity grants; making an appropriation; and providing a penalty. (FE)

WI AB506

Legalizing the possession of marijuana; medical marijuana; regulating the production, processing, and sale of marijuana; expunging or redesignating past convictions for marijuana-related crimes; equity grants; making an appropriation; and providing a penalty. (FE)

WI SB1113

Decriminalizing 28 grams or less of marijuana. (FE)

WI AB1207

Decriminalizing 28 grams or less of marijuana. (FE)

WI AB393

Regulating kratom products, granting rule-making authority, and providing a penalty. (FE)

WI HB997

Marijuana; reduce penalties for possession of.

WI HB654

Marijuana; reduce penalties for possession of.

WI SF178

A bill for an act relating to the possession of marijuana and providing penalties.

WI HB1367

Drug crime penalties and drug paraphernalia possession; and to provide a penalty.

WI SB2199

Possession of marijuana or synthetic cannabinoids; amend penalties for certain convictions.

Similar Bills

WI SB486

Legalizing the possession of marijuana; medical marijuana; regulating the production, processing, and sale of marijuana; expunging or redesignating past convictions for marijuana-related crimes; equity grants; making an appropriation; and providing a penalty. (FE)

WI AB506

Legalizing the possession of marijuana; medical marijuana; regulating the production, processing, and sale of marijuana; expunging or redesignating past convictions for marijuana-related crimes; equity grants; making an appropriation; and providing a penalty. (FE)

DE HB1

An Act To Amend Title 16 Of The Delaware Code Relating To Marijuana.

KY HB72

AN ACT relating to cannabis.

VA SB448

Cannabis control; establishes a framework for creation of a retail marijuana market, penalties.

WV HB4373

To exclude fentanyl test strips from the definition of drug paraphernalia

KY HB47

AN ACT relating to cannabis.

KY HB224

AN ACT relating to cannabis.