By Gretchen Schuldt

​African Americans were defendants in 21% of criminal marijuana cases filed in Wisconsin circuit courts last year while accounting for just 7% of the state's population, a Wisconsin Justice Initiative / American Constitution Society analysis shows.

The analysis included cannabis cases filed in each of the state's 72 counties.

The figures demonstrate "that marijuana prosecutions impact more heavily on the African American population," even though African Americans and Whites use marijuana at about the same rates, WJI President Craig Johnson said. 

The disparity "clearly points to another reason for legalizing it," he said.

There were 8,697 Circuit Court cases that included misdemeanor or felony cannabis charges, the analysis shows, and African Americans were defendants in 1,846 of those cases.

Whites, who account for 87% of the state's population, made up just 66% of defendants in marijuana cases, figures show. Whites were defendants in 5,776 cases.

American Indians / Alaska Natives also were over-represented among those facing cannabis charges. Members of that ethnic group account for about 1% of the state's population, but 5% of cannabis defendants. 

Hispanics and Asians were under-represented in marijuana cases. Hispanics make up 7 percent of the state's population and were defendants in 3% of cannabis cases, and Asians accounted for 3% of the population and 1% of cannabis defendants.

The analysis also shows that the filing rate of criminal cases varies widely across the state. In Waushara County, for example, one cannabis case was filed for every 120 county residents, the highest rate in the state; in Dane County, one case was filed for every 4,339 residents, the lowest filing rate statewide. It was followed by Milwaukee County, where one cannabis case was filed for every 3,292 residents.

The Black/White racial disparities in those latter two counties, however, were bigger than in any of the other 70 counties in the state. 

More information available on our 2019 Pot Page.

In Dane County, African Americans account for just 5% of the population but were 68% (85 of 125) of cannabis defendants, for a disparity of 63 percentage points, the largest in the state.

In Milwaukee County, 27% of residents are African-American, but Blacks accounted for 85% – (244 out of 288) – of cannabis case defendants, a gap of 58 percentage points, the state's second highest.

Those figures, Johnson said, shows that cannabis "is kind of the drug of the privileged."

There are some areas, he said, "where marijuana has sort of de facto legalization." Those areas are generally whiter, wealthier and more liberal, he said.

"My gut feeling is your over-policed communities end up with more charges," he said. "So we have unequal protection under the law."

The analysis also showed that 75% of the defendants in cannabis cases statewide were men. Milwaukee had the largest share of male defendants at 95%, followed by Dane and Jefferson counties. Some 90% of cannabis defendants in each of those counties were men.

By Gretchen Schuldt

​The results of 55 of 72 (76%) of Wisconsin counties' 2018 marijuana cases are in!

Some results of the analysis thus far:

• More men than women faced cannabis charges in every county reviewed thus far except Forest County, where the male-to-female ratio is uncertain because of the large number of defendants of unknown genders. The average percentage of female defendants in all counties reviewed was 25%, with the largest share in Forest County (47%) and the lowest in Milwaukee County (5%).
• Brown, Racine, Marathon, Eau Claire, and Columbia counties all issued more criminal cannabis cases  than did Milwaukee County, by far the largest county in the state.
• The 11 counties least likely to issue criminal marijuana charges were Dane, Milwaukee, Lafayette, Green, Kewaunee, Grant, Rock, Pierce, Marinette, Jefferson, Outagamie, and Bayfield. Each of those counties issued fewer than one marijuana case for every 1,000 residents.
• The seven counties most likely to issue cannabis charges are Florence, Burnett, Forest, Monroe, Langlade, Columbia, and Green Lake. Each of those counties issued more than one case for every 200 residents.
  
  

See more by checking out our 2019 Pot Page. 

And see earlier posts here and here.

The Wisconsin Justice Initiative and the American Constitution Society Milwaukee Lawyer Chapter launched this project to examine 2018 criminal cannabis cases filed in all 72 Wisconsin counties in an effort to better understand where, how, and against whom cannabis crimes are prosecuted.

By Gretchen Schuldt

We're halfway through our examination of cannabis cases filed in circuit courts last year, and thus far it looks like law enforcement in the northeastern part of the state is more aggressive in pursuing criminal marijuana charges than is law enforcement in southern Wisconsin.

The map and chart below show one measure of prosecutorial interest in pursuing cannabis charges – the number of county residents per criminal case that includes one or more marijuana charge. It's not a perfect measure, but it does paint a general picture of where folks are more likely to face criminal prosecution for pot. 

The numbers are good evidence that cannabis laws are not consistently applied across the state. Some municipalities, such as Milwaukee, pursue most simple possession cases in municipal courts and not in state circuit courts. Other places just don't take cannabis enforcement as seriously as others do. 

Still, it seems problematic that people in Florence County, where there are just 139 residents for every cannabis case filed, are statistically so much more likely to face criminal charges than someone in Dane County, where there are 4,339 people for every cannabis case.

​The idea that everyone is equal before the law apparently does not apply across county lines.

There is more information and detail about what's going on in the 36 counties examined thus far on our 2019 Pot Page. We continue to add to it.

This project is a partnership between the Wisconsin Justice Initiative and the American Constitution Society Milwaukee Lawyer Chapter. 

By Gretchen Schuldt

​People in Dane and Milwaukee counties were far less likely to be charged with marijuana crimes last year than were people in other counties in the state, but those charged in those two places were more likely to be African-American and male than in other counties, according to a review of 2018 cannabis cases in Wisconsin.

The review, a joint effort of the Wisconsin Justice Initiative and the American Constitution Society Milwaukee Lawyer Chapter, thus far has covered 24 counties, or one-third of the 72 counties in the state. 

Some findings:

Milwaukee County had the largest gender gap among cannabis case defendants. A whopping 95% of the 288 people charged with marijuana crimes or misdemeanors were men, far more than in most counties reviewed thus far. Dane County, where 90% of 125 defendants were male, had the second-highest share of male defendants.

Green County, with just 27 criminal cannabis cases last year, came in third. Twenty-four of the defendants, or 89%, were men.

Milwaukee County was number one when it comes to the share of cannabis defendants charged who were African American – 85%. Dane County was second, with 68% Black defendants.

Dane County's defendants were more disproportionately African-American than were Milwaukee County's because Dane County's 5% Black population share is so much smaller than Milwaukee County's 27%.

​The share of cannabis defendants charged in Dane County who were Black was 63 percentage points higher than the Black share of the county population; in Milwaukee County, the difference was 58 percentage points. The third place finisher was Fond du Lac County, where the difference was 31 percentage points.

As these charts illustrate, there is not much that is consistent in cannabis enforcement in Wisconsin. Two people engaged in similar conduct in different counties may well be treated very differently by the criminal justice system.

Follow along as we document the wildly erratic enforcement of cannabis laws in Wisconsin.
Additional data for each county is posted on The 2019 Pot Page and we'll be updating and expanding our charts on this blog.​

By Gretchen Schuldt

​The Wisconsin Justice Initiative and the American Constitution Society Milwaukee Lawyer Chapter are teaming up to refresh WJI's Pot Page with court data from across the state.

WJI, in a previous version of the page, examined felony marijuana cases – possession of marijuana, second offense or greater – in Milwaukee County. That project pretty clearly illustrated that African-American men on the North Side of Milwaukee are disproportionately charged with that crime.

The new page already is uncovering some interesting information. In Milwaukee County, for example, there was one marijuana case filed last year for every 3,292 residents; in the much smaller Ashland County, at the top of the state, there was one marijuana case filed for every 371 residents. In other words, Ashland County law enforcement is much more aggressive in prosecuting marijuana crimes when population is factored in.

Surprisingly, there were just as many women charged – 15 – in Ashland County as there were in Milwaukee County. Those women accounted for 36 percent of the 42 Ashland County cases, but just five percent of the 288 Milwaukee County cases. 
​
Follow along as we look at data from all 72 counties.

​By Gretchen Schuldt

​The number of possession of marijuana cases filed in Milwaukee Municipal Court fell 17 percent from 2017 to 2018, court records show.

There were a total of 994 adult and juvenile possession of marijuana charges opened in 2017 and 824 in 2018, according to the figures. That is a year-to-year decline of 170 cases.

The caseload reflects police activity, but is not a total count of arrests, as some cases may get dismissed before they get to court. 

In November, 75 percent of City of Milwaukee voters supported legalization of recreational marijuana. Some 52 cases were filed that month. In December, however, 134 cases were filed, the most since November, 2017.

By Gretchen Schuldt

​District Attorney John Chisholm said this week that he favors marijuana legalization if there are adequate implementation and regulatory structures in place.

"Let's come up with the best legal framework for allowing people to possess marijuana much as they do alcohol and tobacco," he said during an interview. 

If he can find the funding, Chisholm said, he would like to hold a one-day symposium in Milwaukee to explore how other states handled legalization implementation, the challenges they faced, and what they learned from their experiences.

Thirty-three states and the District of Columbia have legalized cannabis to some extent. 

Wisconsin still is a full prohibition state. Second offense possession of marijuana of any amount still is a felony in the state.

Voters in 18 November referendums around the state indicated they favor cannabis legalization. Milwaukee County voters in every municipality favored legalization of recreational marijuana for adults. 

Chisholm says he favors full legalization over an incremental approach. The state should ensure, before legalization takes effect, that the infrastructure is in place to ensure successful implementation and that cannabis tax revenue is distributed as intended. 

Downsides to legalization, he said, could include impaired driving, and negative impacts on school performance and health, he said.

"We just have to be cognizant of that," he said.

In the meantime, he said, his office will continue to use alternatives to prosecution, including diversion efforts and defaulting to municipal tickets instead of criminal prosecutions, to reduce the number of marijuana cases flowing through the court system.

He said he would prosecute some cases, though, "until the law is changed." 

As a prosecutor, he said, he has significant discretion, but "it's got to be based on a rational basis." 

He can't decide simply to not enforce the law, he said.

"I'm not a super legislator," he said.

By Gretchen Schuldt

​​The question on the Nov. 6 Milwaukee County election ballot was this: "Do you favor allowing adults 21 years of age and older to engage in the personal use of marijuana, while also regulating commercial marijuana-related activities, and imposing a tax on the sale of marijuana?"

The results:

By Gretchen Schuldt

Whoops! Updated Nov. 7 to correct Milwaukee County referendum language.

Voters supported marijuana legalization in all 18 referendums held around the state Tuesday, sending a strong message to police, prosecutors and policy makers that Wisconsin residents want to see change in cannabis laws.

Even in the City of Waukesha, where Republican Gov. Scott Walker grabbed 58 percent of the vote in his unsuccessful re-election bid, 77 percent of voters approved a medical marijuana referendum.

And in Eau Claire County, just 15 percent of voters said the existing criminal statutes should stay on the books, while 54 percent supported legalizing recreational use for adults.

The referendums are not binding. The Wisconsin Justice Initiative worked with partners around the state to have the measures placed on the ballot.

Other results from around the state, as reported by county websites, are below. Referendum wording is via Marijuana Moment.

Brown County: Should cannabis be legalized in Wisconsin for medicinal purposes, and regulated in the same manner as other prescription drugs?
Yes: 76 percent
No: 24 percent

Clark County: Should the State of Wisconsin legalize the use of marijuana for medical purposes and regulate its use in the same manner as other prescription drugs?
Yes: 67 percent 
No: 33 percent

Dane County: Should marijuana be legalized, taxed and regulated in the same manner as alcohol for adults 21 years of age or older?
Yes: 76 percent
No: 24 percent

Eau Claire County: Should cannabis (choose one):
(a) Be legal for adult, 21 years of age and older, recreational or medical use, taxed and regulated like alcohol, with the proceeds from the taxes used for education, healthcare, and infrastructure in Wisconsin?
Yes: 54 percent

(b) Be legal for medical purposes only and available only by prescription through a medical dispensary?
Yes: 31 percent

(c) Remain a criminally illegal drug as provided under current law?
Yes: 15 percent

Forest County: Should the State of Wisconsin allow individuals with debilitating medical conditions to use and safely access marijuana for medical purposes, if those individuals have a written recommendation from a licensed Wisconsin physician?
Yes: 79 percent
No: 21 percent

Kenosha County: Should the State of Wisconsin allow individuals with debilitating medical conditions to use and safely access marijuana for medical purposes, if those individuals have a written recommendation from a licensed Wisconsin physician?
Yes: 88 percent
No: 12 percent

La Crosse County: Should the State of Wisconsin legalize the use of marijuana by adults 21 years or older, to be taxed and regulated in the same manner that alcohol is regulated in the State of Wisconsin, with proceeds from taxes used for education, healthcare, and infrastructure?
Yes: 63 percent
No: 37 percent

Langlade County: Should the State of Wisconsin allow individuals with debilitating medical conditions to use and safely access marijuana for medical purposes, if those individuals have a written recommendation from a licensed Wisconsin physician?
Yes: 77 percent
No: 23 percent

Lincoln County: Should the State of Wisconsin allow individuals with debilitating medical conditions to use and safely access marijuana for medical purposes, if those individuals have a written recommendation from a licensed Wisconsin physician?
Yes: 81 percent
No:  19 percent

By Gretchen Schuldt

Representatives from the Wisconsin Justice Initiative and other organizations urged Milwaukee County voters Thursday to vote "yes" on the Nov. 6 referendum question asking whether recreational marijuana should be legalized and taxed.

"We're urging a 'yes' vote because it's time for Wisconsin to join the ever-growing list of states that have recognized that marijuana prohibition is an outdated and regressive policy, WJI President Craig Johnson said at a press conference. "We're urging a 'yes' vote because it's wrong to create criminals out of people using cannabis for pain relief or to help with other medical symptoms."

Marissa Ocampo, youth organizer for the ACLU of Wisconsin, said imposing hard punishments through the criminal justice system on marijuana users hasn't reduced usage. 

"Giving someone a criminal record for simple possession creates a lifetime of collateral damage," she said. "The punishment should fit the crime, and public opinion increasingly favors more sensible drug policy and a new approach to marijuana."

In 2013, she said, the ACLU released a report that showed that statewide, African-Americans were more than six times more likely than whites to be arrested for marijuana possession, while studies show that African-Americans and white use marijuana at the same rate.

The referendum question will ask, "Do you favor allowing adults 21 years of age and older to engage in the personal use of marijuana, while also regulating commercial marijuana-related activities, and imposing a tax on the sale of marijuana?"

County Supervisor John Weishan, who introduced the legislation authorizing the referendum, said arresting, prosecuting and incarcerating marijuana offenders was costly to taxpayers and the community.

"We should say, 'You know what?'" he said. "'It's time to end the prohibition on cannabis in the state of Wisconsin.'" 

State Rep. David Bowen (D-Milwaukee) said the referendum can spark a new discussion about marijuana legalization in the State Legislature. 

"It's been too taboo for too long," he said. 

Restoring Our Communities - Wisconsin, a task force of Milwaukee Inner-city Congregations Allied for Hope, also participated in the event. 

"Black people are more likely to be locked up" for cannabis offenses, ROC member Barbara Robinson said. Reforming the marijuana laws means "we can bring our prison rate down."

​WJI research shows that the vast majority of felony possession of marijuana second offense or greater cases are brought against African-American men arrested in the city of Milwaukee north of I-94.

"People used to describe marijuana as a gateway drug," WJI's Johnson said. "And unfortunately it is – because of the unequal way in which marijuana laws are enforced, for black and brown people it's a gateway into the criminal justice system, it's a gateway to jail, and it's a gateway to prison – and that's wrong."

He concluded: "We are asking the people of Milwaukee to speak up in strong voice and tell the legislators in Madison that it's time for Wisconsin to join the 21st century and end marijuana prohibition laws."