Wisconsin has chosen to legalize recreational and medical marijuana. But, the country is doing it in a Constitutional way. It actually introduced a bill a few weeks ago that would nullify the federal cannabis prohibition in the country.
Seventeen co-sponsors and Rep. Melissa Sargent introduced Assembly Bill 482 on August 24. This would legalize cannabis under a tax-and-regulate system similar to that of alcohol. Namely, under the proposed law, a nonresident of Wisconsin that is twenty-one could possess no more than 1/4 oz. of marijuana, whereas a Wisconsin resident that is twenty-one could possess no more than 2 oz. of marijuana.
What’s more, the legislation could also create a licensing structure for the sale, cultivation, and processing of marijuana.
According to Rep. Sargent, the legislation is more than just legalizing cannabis—it is about legalizing prosperity and opportunity. In addition, if successful, Wisconsin would become the 1st country to legalize marijuana via a state legislative process, because other countries have used a ballot initiative to nullify the federal prohibition.
In fact, the feds have no recourse to impede the process. In spite of the federal contention that the federal government authority is allowed to prohibit cannabis within a state, one should ask themselves why a constitutional amendment was required to enact an alcohol prohibition to see the basis on which the marijuana prohibition stands.
The passage of Assembly Bill 482 would remove most of laws prohibiting the possession and use of cannabis.
According to FBI statistics, law enforcement in Wisconsin makes about ninety-nine of one hundred marijuana arrests under state, not federal law. The state can remove the basis for 99% of arrests for marijuana by ending the state prohibition of marijuana.
Without the help of state governments, the federal government does not have enough resources to prohibit cannabis. It would take 40% of the annual budget of DEA to raid and investigate the dispensaries in Los Angeles—one city in only one state.
In case this legislation is enacted, Wisconsin can become the latest state of many states, which have decided to nullify the prohibition of cannabis. But, it will be the 1st state to legalize marijuana for recreational use via the state legislature instead of the ballot initiative process.
Alaska, Oregon, Colorado, and Washington state were the 1st states that usurped the federal probation of recreational cannabis, only to be joined by Massachusetts, Maine, Nevada, and California after successful ballot initiatives to legalize it one year ago.
According to the National Conference of State Legislatures, twenty-nine states, Puerto Rico, the District of Columbia, and Guam today allow for comprehensive public medical cannabis and marijuana programs.
With most states today allowing the use of medical marijuana, the federal government cannot enforce the prohibition of marijuana.
Assembly Bill 482 is now in the Assembly Committee on Criminal Justice and Public Safety.