Wisconsin Legalization Bill Introduced

Home | Canna Law Blog | Wisconsin Legalization Bill Introduced Wisconsin may soon become the latest U.S. state to legalize adult-use cannabis. On September 22 of this year, a bill drafted by Sen. Melissa Agard (D-Madison) and Rep. Darin Madison (D-Milwaukee) was introduced in the state legislature. This is the latest in a series of legalization initiatives in the Badger State. The bill would make it legal for adults in Wisconsin to legally possess up to five ounces of cannabis. Under the new law, possession over the 5-ounce limit would be considered a misdemeanor. At present, possession of any amount of cannabis is considered a misdemeanor under state law, with subsequent possession offenses being considered felonies. It is worth mentioning that some Wisconsin localities have established more permissive norms. For example, Dane County (where the state capital Madison is located) will generally not prosecute adults for cannabis possession, where the amount does not exceed 28 grams. Sen. Agard and Rep. Madison's proposal would also make it legal for localities to permit the establishment of consumption lounges. It also calls for the automatic expungement of non-violent cannabis offenses from criminal records. Sen. Agard has referred to Wisconsin as an "island of prohibition," noting that "right now, we are seeing our hard earned money go across the border to Illinois, Michigan, and Minnesota to the tune of tens of millions of dollars each year" (readers unfamiliar with Wisconsin's geography can check out the state highway map; the state's two largest cities are both about an hour away from the Illinois border). This highlights an uncomfortable reality for those states that buck the legalization trend of their neighbors: Their residents will still be able to get cannabis legally, yet the economic windfall will stay on the other side of the state line. Geography is destiny, as the consequences of legalization next door demonstrate. Check Out Our Cannabis Law Services Share Twitter Facebook LinkedIn E-mail Comment Fred Rocafort Fred leads Harris Sliwoski’s intellectual property practice and is the coordinator of the firm’s international team. Much of Fred’s practice consists of helping cannabis businesses protect their brands. He also works with entrepreneurs and companies entering the Web3 space, a new frontier for IP law. Prior to joining Harris Sliwoski, Fred worked overseas for more than a decade, in both government and private sector roles. Fred is a regular contributor to the award-winning China Law Blog and Canna Law Blog. Fred began his career overseas as a U.S. consular officer in Guangzhou, China, where he advocated for fairer treatment of American companies and citizens in China and for stronger intellectual property rights enforcement. After entering the private sector, Fred worked at a Shanghai law firm as a foreign legal advisor and later joined one of the oldest American law firms in China, helping foreign companies navigate the Chinese legal environment. He also led the legal team at a Hong Kong-based brand protection consultancy, spending most of his time out in the field, protecting clients against counterfeiters and fraudsters in Greater China, Southeast Asia and Latin America. In addition to his IP work, as a native Spanish speaker, Fred works closely with different Harris Sliwoski teams on Latin America and Spain matters. Fred also provides advice to cannabis industry participants and other businesses on import and export transactions. Fred is an ardent supporter of FC Barcelona—and would be even in the absence of Catalan forebears who immigrated to Puerto Rico in the mid-1800s. 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