Number
241515
Version
SUBSTITUTE 1
Reference
241415
Sponsor
ALD. JACKSON
Title
Substitute resolution amending the City of Milwaukee's State Legislative Package relating to the regulation of marijuana.
Analysis
This resolution amends the City of Milwaukee’s Legislative Package to include the introduction and passage of state legislation regulating marijuana. This regulation may include expungement of non-violent marijuana convictions, expansion of medical marijuana access, legalization of recreational marijuana, establishment of state and local excise taxes on marijuana sales, dedication of marijuana tax revenue partly to public health campaigns, establishment of a Cannabis Regulatory Board, creation of guidelines regarding the production and sales of marijuana edibles, restriction of marijuana product advertising, and granting of authority to municipalities in connection with the licensing and zoning of marijuana businesses
Body
Whereas, The Common Council adopted the City of Milwaukee’s 2025-26 State Legislative Package on January 21, 2025, through File Number 241415; and
Whereas, The 2025-26 State Legislative Package does not address the important matter of marijuana regulation, on which Wisconsin is among few states that have not acted; and
Whereas, The National Conference of State Legislatures reported, on June 20, 2024, that Wisconsin was among 22 states that did not have legislation providing for record clearance of certain cannabis-related offenses; and
Whereas, The Rockefeller Institute of Government reports that, as of November, 2023, Wisconsin was among 11 states that had legalized neither medical nor recreational marijuana; and
Whereas, The Wisconsin Policy Forum reported in February, 2023, that 50% of all Wisconsin residents 21 years or over live within a 75-minute drive of a recreational dispensary in Illinois, Michigan, or Minnesota, potentially representing significant revenue loss as Wisconsinites purchase marijuana products in neighboring states; and
Whereas, By expunging the criminal records of individuals with convictions for non-violent marijuana offenses, the State of Wisconsin can address the disproportionate impact of past drug laws, promote equity in the justice system, and ensure fairness amid marijuana law reforms; and
Whereas, By expanding the list of qualifying conditions for medical marijuana use and increasing the number of medical marijuana dispensaries, the State of Wisconsin can enable more patients to access marijuana-enabled treatment and improve the availability of marijuana dispensaries in undeserved areas; and
Whereas, By legalizing recreational marijuana for adults 21 and older, the State of Wisconsin can create a legal market for marijuana products; and
Whereas, By establishing state and local excise taxes on recreational marijuana sales, the State of Wisconsin can direct revenue to public health initiatives, infrastructure, and education, thus generating funds for essential public services and community projects; and
Whereas, By dedicating a portion of marijuana tax revenues to public health campaigns on responsible use, addiction prevention, and cannabis-related risks, the State of Wisconsin can ensure that legalization efforts include education on safe consumption and health awareness; and
Whereas, By creating a Cannabis Regulatory Board within the Department of Revenue, the State of Wisconsin can establish a centralized authority to oversee the licensing, regulation, and enforcement of medical and recreational marijuana laws, manage the legal cannabis industry, ensure compliance with Wisconsin Statutes, and protect public health and safety; and
Whereas, By establishing regulations for the production and sale of marijuana edibles, including labeling, dosage, and packaging requirements, the State of Wisconsin can ensure product safety, prevent accidental ingestion by minors, and protect public health; and
Whereas, By restricting advertising of marijuana products, the State of Wisconsin can prevent marketing of marijuana products to minors, ensure that advertisements are accurate and clear, and promote public health and responsible advertising practices; and
Whereas, By granting municipalities the authority to issue local licenses for marijuana businesses, the State of Wisconsin can enable municipalities to regulate the number and type of cannabis operations within their jurisdictions, thus ensuring both compliance with local regulations and alignment with community standards; and
Whereas, By allowing the establishment of local zoning restrictions for marijuana dispensaries, the State of Wisconsin can enable municipalities to balance economic opportunity with community concerns about location and accessibility, thus ensuring that dispensaries are accessible, while maintaining neighborhood character and public safety; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that the Office of the City Clerk - Legislative Affairs Division is directed to advocate for changes to state statutes that would regulate marijuana; and
Further Resolved, That the Legislative Affairs Division specifically is directed to advocate for expungement of non-violent marijuana convictions, expansion of medical marijuana access, legalization of recreational marijuana, establishment of state and local excise taxes on marijuana sales, dedication of marijuana tax revenue partly to public health campaigns, creation of a Cannabis Regulatory Board, establishment of guidelines concerning the production and sales of marijuana edibles, restrictions of marijuana product advertising, and granting of authority to municipalities in connection with the licensing and zoning of marijuana businesses; and
Further resolved, That Common Council Resolution File Number 241415 is amended by inserting the following topics in the document attached to the file and identified as “2025-26 Legislative Package”:
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Marijuana Policies: Expungement of Non-Violent Convictions |
Propose an amendment to Wisconsin state statutes to automatically expunge the criminal records of individuals convicted of non-violent marijuana offenses, such as possession of small amounts of marijuana. The legislation would include clear eligibility criteria, such as limiting expungement to offenses that did not involve violence or other criminal activity. The amendment would also establish a streamlined process for expunging records, allowing individuals to benefit from this relief without needing to file petitions or go through lengthy court procedures. Additionally, the law would ensure that individuals whose records are expunged are not required to disclose these convictions in job applications, housing, or other legal contexts. |
Common Council |
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Marijuana Policies: Expansion of Medical Access |
Propose an amendment to Wisconsin state statutes to broaden the list of qualifying medical conditions for medical marijuana. This could include adding conditions such as chronic pain, anxiety, PTSD, and other commonly treated ailments in states with medical marijuana programs. Additionally, the amendment would remove or modify existing caps on the number of medical marijuana dispensaries, particularly in urban areas like Milwaukee, to ensure patients have convenient access to treatment. The law would also provide clear guidelines for dispensary licensing, product safety standards, and oversight to ensure safe and equitable access. |
Common Council |
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Marijuana Policies: Legalization of Recreational Use |
Propose an amendment to state statutes to legalize the possession, consumption, and sale of marijuana for recreational use by adults aged 21 and older. The legislation would establish a regulatory framework for the cultivation, distribution, and retail sale of marijuana, modeled after successful programs in states like Illinois, Colorado, and California. The amendment would also introduce a tax on marijuana sales, with the revenue allocated to public services such as education, healthcare, infrastructure, and substance abuse prevention programs. Additionally, the law would include provisions for licensing marijuana businesses, regulating product quality and safety, and establishing penalties for violations of the law, such as underage sales. |
Common Council |
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Marijuana Policies: Establishment of Sales Excise Taxes |
Propose an amendment to Wisconsin state statutes that introduces a state and local excise tax on the sale of recreational marijuana. The legislation would establish a tax structure similar to those in states like Illinois and Colorado, with a percentage of sales taxed at both the state and municipal levels. The revenue from these taxes would be allocated to fund public health programs, such as addiction treatment and mental health services, infrastructure projects, and educational initiatives. The amendment would also include provisions for tax collection, distribution of funds, and auditing to ensure transparency and accountability in the use of marijuana tax revenue. |
Common Council |
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Marijuana Policies: Dedication of Tax Revenue to Public Health Campaigns |
Propose an amendment to Wisconsin state statutes that mandates a specific percentage of marijuana tax revenues be allocated to public health initiatives. These initiatives would include educational campaigns on responsible marijuana use, the potential risk of overconsumption, recognizing signs of marijuana addiction, and the impact of cannabis use on mental and physical health. The amendment would direct funds toward developing media campaigns, school-based education programs, and resources for healthcare providers to better support individuals who may need treatment for marijuana-related health issues. The law would also establish accountability measures to ensure that the funds are effectively used for their intended purposes. |
Common Council |
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Marijuana Policies: Creation of Cannabis Regulatory Board |
Propose an amendment to Wisconsin state statutes to create a Cannabis Regulatory Board within the Department of Revenue. The board would be responsible for overseeing the licensing of cannabis businesses, including growers, processors, dispensaries, and distributors, as well as enforcing regulations related to the cultivation, production, sale, and use of both medical and recreational marijuana. The amendment would outline the board’s authority to develop regulations on product safety, packaging, advertising, and taxation. Additionally, the board would be tasked with ensuring compliance with state laws, investigating violations, and levying penalties when necessary. The board would also be responsible for working with law enforcement, public health agencies, and local governments to ensure that the cannabis market operates safely and effectively. |
Common Council |
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Marijuana Policies: Regulation of Production and Sale of Marijuana Edibles |
Propose an amendment to Wisconsin state statutes that establishes strict regulations for marijuana edibles. The regulations would include clear labeling requirements, such as prominent warnings about THC content and potential effects. The amendment would also mandate standardized dosage limits, ensuring that each serving of an edible contains a safe, controlled amount of THC. Additionally, the packaging of marijuana edibles would need to be child-resistant and include clear instructions on propose use and storage to prevent accidental ingestion. The law would also prohibit packaging that could appeal to minors, such as colorful designs or candy-like shapes, and require regular product testing for quality and consistency. |
Common Council |
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Marijuana Policies: Restriction of Advertising |
Propose an amendment to Wisconsin state statutes to impose advertising restrictions on marijuana products. The legislation would prohibit advertisements that target minors, such as using cartoon characters, bright colors, or depictions of marijuana in forms of resembling candy or snacks. The amendment would also require that all marijuana advertisements include clear, accurate information about the product’s potency, potential effects, and health risks. Advertising must not make false or misleading claims about the benefits of marijuana use, and all promotions would need to comply with strict content and placement rules, such as limiting advertisements near schools, playgrounds, or areas frequented by minors. |
Common Council |
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Marijuana Policies: Granting of Licensing Authority to Municipalities |
Propose an amendment to Wisconsin state statutes that grants a city the authority to issue and regulate local licenses for marijuana businesses. The amendment would allow Milwaukee to determine the types of businesses permitted to operate - such as dispensaries, cultivation centers, and processors - and set limits on the number of licenses issued within the city. The licensing process would include requirements for compliance with local zoning laws, public safety standards, and community impact assessments. The city would also have the ability to revoke or suspend licenses for businesses that fail to comply with city regulations or state law. |
Common Council |
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Marijuana Policies: Granting of Zoning Authority to Municipalities |
Propose an amendment to Wisconsin state statutes that grants a city the authority to establish specific zoning restrictions for marijuana dispensaries. The zoning rules would allow Milwaukee to regulate where dispensaries can operate, considering factors such as proximity to schools, residential neighborhoods, and other sensitive areas. The amendment would also include guidelines for obtaining dispensary licenses within these zones, ensuring that dispensaries are distributed fairly across the city to prevent clustering in any one area. Additionally, the amendment would provide Milwaukee with the ability to review and just zoning regulations as needed to accommodate changes in the local marijuana market and community concerns. |
Common Council |
; and, be it
Further Resolved, That the City Clerk shall forward copies of this resolution to members of the city of Milwaukee’s delegation to the Wisconsin Legislature.
Requestor
Drafter
Ned Littlefield
LRB180495-2
01/28/2025