Wisconsin is one of the most repressive Midwestern states when it comes to cannabis possession. Under Wisconsin state law, possession of any amount of cannabis is a misdemeanor punishable by up to 6 months in jail and a $1,000 fine, while any subsequent offense is a felony. Every year, thousands of Wisconsinites are arrested for simple possession; for instance, there were nearly 15,000 arrests for marijuana offenses in Wisconsin in 2016, according to the FBI. However, not all arrests lead to prosecution—in fact, many are handled directly by police departments through citations. Therefore, local ordinances and the behavior of police officers are absolutely key to the enforcement of marijuana laws.
Some Wisconsin towns have taken it upon themselves to lighten marijuana legislation. Madison, for instance, chose to decriminalize cannabis possession in the private sphere, up to 112 grams. That is a huge amount, denoting a progressive stance. In case of public possession, Madison citizens may be fined up to $100, but legislation insists that it is still not a crime and shall not result in an arrest or appear in the person’s records. What is most surprising about this ordinance (known as the “Madison Ordinance 23.20”) is that it was passed in 1977 and—despite the “War on Drugs” in the 1980s—never rescinded.
Milwaukee still has a long way to go before catching up to Madison and some other neighboring towns. Until very recently, the city of Milwaukee actively pursued small-time cannabis users and applied the state legislation, resulting in some of the highest numbers of arrests for possession in the state. Only in August 2015 did the status quo change, giving police the ability to issue a citation to any person with up to 28 grams of cannabis, whether a first offense or not. The District Attorney chose not to prosecute small-time users who are deemed non-violent and haven’t been previously convicted of more serious crimes.
Racial Profiling by Police Officers Drives Marijuana Arrests
Given the importance of local law enforcement in the application of the legislation, it is important to look closely at arrest trends. The city of Milwaukee’s arrest trends are relatively easy to obtain, thanks to a study led by the Public Policy Forum, a nonprofit government watchdog backed by the District Attorney. Conclusions are pretty chilling: “There is a substantial racial disparity with regard to those who are arrested for marijuana violations in the City of Milwaukee,” says the study.
“A substantial racial disparity” is an understatement. Despite the fact that Milwaukee has roughly the same number of black and white inhabitants (37% white, 40% black according to the latest census), and despite studies showing that marijuana use is almost identical regardless of race, the Milwaukee Police Department has been arresting black people almost exclusively for cannabis offenses. According to MPD’s data, between 2012 and 2015, 72% of people arrested for small-scale marijuana possession were black and only 12% were white.
As one of the country’s most segregated cities, it is not surprising that Milwaukee treats offenses by black and white small-time cannabis users very differently. If you compare the infamous map of segregated neighborhoods in Milwaukee with the map of marijuana busts produced by the MPD, you can’t help but notice that nearly all arrests occurred in predominantly black areas. In 2012-2015, black neighborhoods saw up to 14 arrests per 1,000 residents (especially in the 53210 and 53206 zip codes), while white neighborhoods got nearly 0 arrests per 1,000 residents. “MPD arrest data indicate that the vast majority of arrests for minor marijuana possession infractions in Milwaukee involve young African American males in some of the poorest zip codes in the city,” mostly due to a greater police presence in those areas, the Public Policy Forum concludes.
Many Wisconsinites—the vast majority, in fact, as the results of last November’s referendum clearly showed—eagerly await the end of marijuana prohibition in Wisconsin. However, state legislation can be hard to change, especially when Republicans remain in control of the legislature. To speed progress and save lives, changing municipal ordinances and the behavior of local police officers is both far more efficient and likely to occur. Cities like Eau Claire and Shorewood are moving in that direction, and change has started recently in Milwaukee. It is our responsibility to ensure it goes on.
