Republican politicians are terrified of marijuana. In hushed tones around the Capitol in Madison, they worry about a growing political reality: Wisconsin voters’ overwhelming support for reforming Wisconsin’s marijuana laws, which are some of the harshest in the nation. Cannabis may just be the GOP’s political kryptonite.
Arguably the strongest winners in the Nov. 6, 2018, election in Wisconsin were a variety of advisory referenda on cannabis reform, on the ballot in 16 counties and two cities. All passed with solid majorities, including up to 89% support for legalizing medical cannabis, while full legalization garnered between 59-76% of the vote where it was on the ballot. In Milwaukee County, 70% of voters favored full legalization. Statewide, that support adds up to nearly one million votes for some type of cannabis reform in Wisconsin from just the 16 counties, both rural and urban, red and blue, and the two cities that had a referendum on the ballot.
Former Attorney General Brad Schimel blames the cannabis referenda as a significant factor in his election loss. He told WTMJ that having cannabis reform on the ballot around the state boosted Democratic turnout.
Looking nationwide, Forbes magazine declared marijuana to be the clear victor on Nov. 6, under the headline: “Marijuana Won The Midterm Election.” Michigan voters approved a ballot measure legalizing cannabis. Missouri and Utah approved medicinal legalization. According to Governing Magazine, 33 states and the District of Columbia have passed some sort of marijuana reform, including 10 states and D.C. passing full legalization. Wisconsin sits in the bottom third, alongside states like Mississippi and Alabama.
Wisconsin lags behind national trends as stigma and myths about consumption are increasingly debunked. As with alcohol, states have implemented laws and regulations to prohibit driving under the influence and to limit use to adults 21 and older. Many states have used cannabis tax revenue for such crucial needs as health care. A number of Wisconsin polls, including the Marquette University Law School poll, have shown two-to-one support for full legalization. Medicinal use support in Wisconsin has always garnered far broader support. Both have economic development and state revenue implications. Cannabis is a very serious treatment for people with debilitating illnesses. As a cancer survivor, Gov. Tony Evers says his support for medicinal cannabis use “is a given.”
The Social Justice Element of Legalization
At least equally compelling is the strong racial justice aspect that can only begin to be addressed with full legalization. Nationwide, according to the Brookings Institute, white and black populations use marijuana at roughly equal levels. Yet, arrests for African Americans are 3.5 times higher than among whites. In Wisconsin, according to the Wisconsin chapter of the American Civil Liberties Union, that number jumps to a staggering six times higher.
So, while economic and political rationale remains strong, there is a crescendo of voices arguing the social and racial justice benefits of full legalization.
“In referenda across the state, we heard that people are done with marijuana prohibition,” says state Rep. Melissa Sargent, the Assembly author of past bills to support full legalization who plans to reintroduce her bill with some changes in the first half of this year. “We need to honor the overwhelming will of the people.”
Marijuana Laws Have Harmed Communities
Racial bias in the enforcement of Wisconsin’s antiquated cannabis laws results in the fifth worst disparity in the nation. That not only carries monetary and jail time penalties, but collateral consequences of an arrest record hurt employment opportunities, eligibility for student loans and public housing, child custody decisions and immigration status.
That’s why Sen. Cory Booker (D-N.J.) put marijuana legalization at the center of his racial justice bill: "For decades, the failed War on Drugs has locked up millions of non-violent drug offenders—especially for marijuana-related offenses—at an incredible cost of lost human potential, torn-apart families and communities and taxpayer dollars.” His bill would also penalize states like Wisconsin with racially disparate arrest or incarceration rates for marijuana-related crimes to undo some of the harm the War on Drugs inflicted on minority communities.
After seeing the Wisconsin referenda results, Milwaukee County Sheriff Earnell Lucas noted it is his job to enforce current laws, but added, “The voters spoke loudly last night that they support legalization of marijuana.” He is a strong supporter of decriminalization, saying arrests and prosecutions for possession is definitely discriminatory, but he wants more research before supporting full legalization.
Wisconsin is punitive: A first marijuana offense is punishable by fines or up to six months incarceration. A second offense is a felony that can result in up to three-and-a-half years in prison.
The Wisconsin Justice Initiative analyzed Milwaukee County arrest records from 2015 and 2016 and found that 86% of second felony arrests (with no other crime involved) were African Americans, 70% of possession cases were filed against African Americans in the city of Milwaukee. In Madison, while African Americans represent roughly seven percent of the population, they make up more than half of marijuana arrests. If Wisconsin supports full legalization, we can begin to correct some of the injustices and damage that have been done. You can’t have people, primarily people of color, spending years in prison for something that is now legal.
The Economic Impact
Former Gov. Scott Walker gave away Wisconsin taxpayer dollars to billionaires and Foxconn, growing future debt while letting state roads crumble. It’s no secret that fixing Republican negligence toward infrastructure, health care and public education has a high price tag. Cannabis reform can help.
Colorado generated $250 million in tax revenue from marijuana in 2017. Sales in Washington generate hundreds of millions of dollars a year, primarily used for public health programs such as Medicaid.
Rep. Sargent’s 2017 bill would charge annual fees to dispensaries while producers and sellers would pay sales and excise tax. The Wisconsin Department of Revenue has predicted that the bill would generate $138 million in tax revenue annually, while a 2015 Tax Foundation study estimate projected that legalizing and taxing marijuana in Wisconsin would raise $159 million a year.
In addition to the potential revenue, legalization can boost the economy in other ways, including job creation and attracting coveted “young professionals” to Wisconsin. Talented young professionals, unlike those in earlier generations who followed a job, often choose where they want to live and then look for a job there. This is also the case for young, educated entrepreneurs. They want a forward-looking state that values amenities like good public schools and has progressive state policies. Currently, one of the main indicators of how forward-looking a state is comes down to its laws on marijuana. Unfortunately, Wisconsin is at the bottom of that list. We can’t attract young talent and the young entrepreneurs who want to hire that young talent if we are viewed as a backward-looking, reactionary state.
If Illinois is going to allow you to smoke a joint on a Saturday evening without fear of arrest while Wisconsin would make you a felon, we are going to continue to hover at the bottom of the pack of our fellow Midwestern states when it comes to new job creation. These backward-looking policies are definitely hurting our state’s image as well as our economy. Wisconsin, for decades, had been viewed as a smart and forwarding-looking state, but unfortunately that all changed with the 2010 election and the subsequent extreme gerrymandering of our state’s legislative districts.
Also, Milwaukee Rep. David Bowen makes a strong economic case for legalization with respect to filling many skilled jobs. A failed drug test because the applicant smoked a joint the previous weekend can eliminate a talented candidate from consideration. Bowen authored a bill to remove THC—the active ingredient in cannabis—from employment drug tests.
Legalizing marijuana would also create jobs in itself. An article in the Washington Post, citing a Marijuana Policy Group study of economic impact in Colorado from two years of legal sales, concluded it had created 18,000 new jobs and generated $2.4 billion in economic activity.
Then, there are costs that can be cut. According to a 2013 American Civil Liberties Union report, a person is arrested every 37 seconds in the United States for marijuana, and enforcement costs $3.6 billion per year. In Wisconsin, where a second arrest is a felony, the monetary costs of conviction, incarceration, law enforcement and judicial resources is staggering. Gov. Evers and former Republican Gov. Tommy Thompson both tout prison reform and lowering the incarcerated populations as a top goal. Full legalization is one critical factor in reaching this goal.
GOP Begins to See the Light
Marijuana reform is one issue where good politics and good policy intersect for elected officials, particularly Democrats. It also moves votes to the D-column for Libertarians, who have long been vocal on full legalization but in the past may have leaned Republican. Some Republican elected leaders are taking note of the rapid swing in public attitudes. Speaker Robin Vos has stated that if you can get a prescription for an opioid, marijuana shouldn’t be any different. He told Mike Gousha the week after the Nov. 2018 election, “I am all in favor of [medicinal use].”
Former Republican House Speaker John Boehner said that, like many Americans, he’s had a change of heart and now favors cannabis legalization. He is now an investor in the U.S. cannabis startup Acreage Holdings. “I’m convinced de-scheduling the drug is needed so we can do research, help our veterans and reverse the opioid epidemic ravaging our communities.” Also advising this company is conservative former Canadian Prime Minister Brian Mulroney.
Democrats who drag their feet on cannabis reform could be stung. Indeed, documentarian filmmaker Michael Moore told MSNBC that if Democrats want to win the presidency in 2020, cannabis should be on the ballot.
In states that led on regulating marijuana, many of the arguments, such as legalization increasing teen use, have shown the opposite to be true—a federally funded study shows that teen use has actually decreased since 2012, when legalization began in the U.S. Plus, it’s popular. A Forever Wisconsin poll by Myers Research, last October, showed 64% support overall and 91 % among Democrats in our state. Among those Democratic respondents, 72 % said they were more likely to vote if full legalization of cannabis were on the ballot.
Gallup, which, incredibly, has been polling on marijuana legalization since 1969, when only 12% nationwide favored it, reflects the shift. In 2005, Gallup found only around 30% support, but now it has sharply increased to 66%—a two to one favorability overall. And 2017 marked the first year Gallup found Republicans rising to a majority—this year 53%—in favor.
If, over the next two years, Wisconsin doesn’t catch up to the majority of other states and begin to start legalizing marijuana, the pro-marijuana legalization advocates—Democrats, Libertarians and some Republicans—vow to have full legalization on the ballot in all 72 counties in 2020. This would be a disaster for the Republicans at the polls.
Wisconsin Moves to Legalize
Rep. Sargent says she anticipates introducing her bill, which plans to legalize and regulate cannabis similarly to state regulation of alcohol, in the first half of this year after making some minor changes based on lessons and feedback. She expects that, with the Wisconsin referenda showing overwhelming support, she may see an increase in co-sponsors and legislators who would vote yes.
Sen. LaTonya Johnson, the senate sponsor of the full legalization bill, said the Wisconsin referenda should be the beginning of a bipartisan discussion. But she believes it won’t happen unless the public puts pressure on their elected officials. As she told Urban Milwaukee: “I urge legislators on both sides of the aisle to take note of the widespread support shown by voters throughout the state and take action accordingly. I also encourage members of the public to not let their voice end with the referenda and keep reaching out to your elected officials and asking that they move forward with changing our state’s marijuana laws.”
