Pot referendums on ballots

Voters in 16 Wisconsin counties on Nov. 6 could spur Legislature to eliminate marijuana prohibitions

When voters in 16 Wisconsin counties and two cities go to the polls Nov. 6 they will join a nationwide debate by marking their ballots for or against legalizing marijuana use either for medical reasons or personal recreation.

The advisory referendum questions are scattered on local ballots throughout the state, from Milwaukee and Dane to La Crosse and Langlade counties and the cities of Waukesha and Racine. All were approved by county boards or city councils.

Supportive officials and marijuana legalization activists say the referendums will provide a measure of public opinion that can be shared with the state Legislature, and possibly spur new laws relaxing or eliminating current prohibitions on pot.

Rep. David Bowen (D-Milwaukee) said voter approval of the November legalization questions, at a minimum, should persuade legislators to approve a statewide advisory referendum on marijuana legalization.

“There would be no denying the results of a statewide referendum,” Bowen said.

But Rep. Melissa Sargent (D-Madison) said there will be no need to wait for a statewide vote after the November referendums since she, too, expects approval of the various questions. Those results will come on top of opinion polls that already show majority support for marijuana legalization among state voters, Sargent said.

Sargent intends to reintroduce her marijuana legalization bill when the Legislature starts a new session in January. She is optimistic the November referendums will encourage more legislators to co-sponsor the legislation than in past sessions.

“The most dangerous thing about marijuana in Wisconsin is that it is

illegal,” Sargent said.

Her opinion is that as long as pot remains illegal, it will continue to be distributed widely in a black market that fosters crime and offers no consumer protection while creating racial disparities in arrests for simple possession or use of small amounts of marijuana.

Eric Marsch, executive director of Southeastern Wisconsin NORML, said the expected public approval of the November referendums should convince legislators there is no need to wait on approving the legalization of marijuana, along with taxing its sales and regulating its production and distribution.

“I hope the legislators respect the will of the people in their districts when they learn the results” of the November voting, Marsch said.

NORML, formerly known as the National Organization for the Reform of Marijuana Laws, is a national organization aimed at building broad public support for legalizing the responsible use of marijuana by adults.

Marsch and other NORML activists joined local advocates in attending dozens of public meetings around the state and speaking in support of the referendum questions.

Republican majorities in both the Assembly and Senate have not acted on a variety of pot proposals in recent years.

GOP legislative leaders do not just block marijuana bills offered by Democrats. R

epublican Rep. Adam Jarchow of Balsam Lake sponsored legislation in May 2017 to decriminalize possession of small amounts of marijuana — not fully legalize its use — but no votes were taken.

At the time, Jarchow said the bill was needed to save taxpayers money on costs of enforcing the current prohibition.

Bowen agreed and echoed Sargent’s comment that prohibition makes criminals out of a large number of people arrested for possession of small amounts of pot.

A second possession offense can be prosecuted as a felony in Wisconsin.

Where voters will give pot opinion

Advisory referendums in four counties — Milwaukee, Dane, La Crosse and Rock — will solicit opinions on legalizing personal use for adults age 21 years or older. Single ballot questions in those counties also refer to taxing and regulating marijuana sales.

Ten counties focus their advisory ballot questions on medical use only.

The counties are Brown, Clark, Forest, Kenosha, Langlade, Lincoln, Marathon, Marquette, Portage and Sauk.

Two counties — Eau Claire and Racine — will offer referendums with multiple questions covering legalizing recreational and medical uses, as well as imposing taxes. City of Racine voters will see the countywide referendum on their ballots and a second city-only referendum with one additional question.

The city asks if marijuana use should be decriminalized.

The City of Waukesha advisory referendum asks voters about use of marijuana for medical purposes.

Wednesday was the deadline for county clerks to receive referendum questions approved by municipalities and county boards for the Nov. 6 ballot.

Polls show public support here

Results of a recent Marquette Law School Poll of Wisconsin voters suggests a majority of voters will approve marijuana uses listed on their ballots.

In the poll, 61 percent of respondents said marijuana should be fully legalized and regulated like alcohol while 36 percent opposed legalization. An earlier poll in July 2016 found that 59 percent of respondents supported legalization and 39 percent were opposed.

The poll was conducted August 15-19.

A total of 31 states, the District of Columbia, Guam and Puerto Rico allow comprehensive medical marijuana programs while Wisconsin and 14 other states allow use of only low-THC cannabidiol products by prescription, according to the National Conference of State Legislatures. Wisconsin limits the availability of cannabidiol products to the treatment of seizure disorders.

THC, or tetrahydrocannabinol, is the active chemical in marijuana that produces a high, or sense of euphoria.

Nine states and the District of Columbia have legalized small amounts of marijuana for adult recreational use. Vermont was the most recent state added to this list when its law went in effect on July 1.

Twenty-two states and the District of Columbia have decriminalized small amounts of marijuana, the National Conference of State Legislatures said.