Legislation Pending

WISCONSIN


Pending Status

Legislation to Regulate Marijuana Possession, Use, and Sale Pending in Wisconsin:

In Wisconsin it is illegal to possess, use, grow, or sell cannabis. There have been attempts in the past (Senate Bill 377 / Assembly Bill 220) to change that. Unfortunately, they have not passed.

In February 2021, Governor Tony Evers presented his biennial budget and under the proposal adult residents could buy and possess up to two ounces of marijuana. Out-of-state visitors could have up to a quarter ounce. People could grow up to six plants for themselves.

WISCONSIN


Taxes

The governor’s plan calls for a 15 percent wholesale excise tax on cannabis, in addition to a 10 percent retail excise tax on marijuana sales. Medical cannabis sales would not be subject to the sales tax.

According to a fiscal impact analysis, Wisconsin stands to bring in $165.8 million in annual tax revenue starting in fiscal year 2022-23. Sixty percent of those funds would go to a new “community reinvestment fund” and the rest would be deposited in the state’s general fund.

Of the nearly $80 million of that revenue that’s expected to be set aside for community reinvestment, Evers proposed using $10 million for grants “to promote diversity and advance equity and inclusion,” $10 million for community health worker grants, $10 million for “equity action plan grants,” $5 million to support businesses in underserved communities and about $35 million in school sparsity grants.

WISCONSIN


Licensing

There would be separate license categories for marijuana production, processing, testing, distribution and retail businesses, and DOR would also be required to maintain a registry of certified medical cannabis patients in the state.

Business license applicants would be scored on several criteria, including their “ability to articulate a social equity plan related to the operation of a marijuana retail establishment.” Other factors that would be taken into consideration include the ability to promote environmental sustainability, job creation for local residents, ensuring “worker and consumer safety” and compliance with state and local laws.

There are a series of restrictions on licensing. People who have been involuntarily committed for drug dependence in the past three years would be ineligible for a permit, for example, as would those convicted of a violent felony or at least three violent misdemeanors.

The plan does not appear to set aside any licenses or provide extra scoring points for business run by people from communities most impacted by the war on drugs.