Assembly Bill 861
Penalties for possession of marijuana, employer liability for not drug testing employees and prospective employees, and providing a penalty. (FE)
Stopped in committee
It never got a , so it never came up for a vote. To try again, a lawmaker would have to start a new bill.
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Introduced, passed
Dec 22, 2023
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Committee, stopped here
Stopped here. No public hearing was held.
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Assembly vote, not reached
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Senate vote, not reached
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Governor, not reached
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Law, not reached
Latest entry in the official record, Apr 15, 2024: “Failed to pass pursuant to ”
It never got a hearing in the Assembly Committee on Criminal Justice and Public Safety. See every bill that never got a hearing this session.
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Terms on this page
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Public hearing
A meeting where anyone can speak to a committee about a bill, or send written comments.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
What it would have done
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
Current law prohibits a person from possessing or attempting to possess marijuana. A person who violates the prohibition is guilty of a misdemeanor crime and may be fined not more than $1,000 or imprisoned for not more than six months, or both, for a first conviction and is guilty of a Class I felony and may be fined not more than $10,000 or imprisoned for not more than three years and six months, or both, for a repeat conviction. Under current law, a repeat conviction includes any previous conviction for a state or federal misdemeanor or felony relating to a controlled substance.
This bill reduces to a $100 civil forfeiture the penalty for possessing or attempting to possess 14 grams or less of marijuana. The bill also eliminates counting, for the purposes of determining if a conviction is a repeat conviction, a criminal offense of marijuana possession involving 28 grams or less. The bill also reduces the imprisonment time for a repeat conviction for marijuana possession from three years and six months to 90 days.
Read the full summary Show less
Current law also increases the penalties for possession of other controlled substances due to a prior conviction for a state or federal misdemeanor or felony relating to a controlled substance. The bill eliminates counting, as a prior conviction, a conviction for marijuana possession involving 28 grams or less.
Current law allows a local government to enact an ordinance prohibiting the possession of marijuana and to impose a forfeiture for a violation of the ordinance.
The bill preempts a local government from imposing a forfeiture amount for the possession of 14 grams or less of marijuana that is less than the $100 forfeiture amount imposed by the state or that is more than $250. Under the bill, the court may impose, instead of the forfeiture amount, no less than 16 hours nor more than 40 hours of community service for violating an ordinance prohibiting the possession of 14 grams or less of marijuana. The bill does not change the current law that allows local governments discretion in the forfeiture amount imposed for possession of more than 14 grams of marijuana.
Current law prohibits a person from using or possessing drug paraphernalia with the intent to produce, distribute, or use a controlled substance. A person who violates the prohibition is guilty of a misdemeanor and subject to a fine of not more than $500 or imprisonment for not more than 30 days, or both. The bill reduces the penalty to a civil forfeiture of not more than $10 for using or possessing drug paraphernalia that relates to marijuana consumption.
The bill also specifies that a citation issued for possession of marijuana or marijuana paraphernalia must contain provisions for a deposit in lieu of a court appearance. The court may consider the deposit as a plea of no contest and enter a judgment without the person appearing in court.
The bill allows law enforcement officers discretion in how they complete processing or “booking” of a person for a violation of state law or a local ordinance prohibiting possession or attempted possession of marijuana or marijuana paraphernalia, including whether to take the person to jail, complete a booking photo, or fingerprint the person. Under the bill, however, a law enforcement officer must still obtain certain personal information from the person sufficient for identification, including at least the person's name and current address.
The bill, subject to certain exceptions, limits the liability of an employer that does not require an employee or prospective employee to submit to a test for the presence of any tetrahydrocannabinol (THC), which is the active ingredient in marijuana, synthetic cannabinoid, or a controlled substance analog to THC or a synthetic cannabinoid in his or her system (drug testing) as a condition of employment.
The bill does not apply to the drug testing of an employee or prospective employee who is subject to drug testing under 1) any regulation promulgated by the federal Department of Transportation that requires drug testing of an employee or prospective employee or any rule promulgated by the Department of Transportation of this state adopting such a regulation for purposes of enforcing the requirements of that regulation with respect to intrastate commerce; 2) any contract entered into between the federal government and an employer or any grant of financial assistance from the federal government to an employer that requires drug testing of employees and prospective employees as a condition of receiving the contract or grant; 3) any federal statute, regulation, order, or other requirement or condition that requires drug testing of employees and prospective employees for purposes of safety or security; 4) any substance abuse prevention program under a collective bargaining agreement or under the current law that requires such programs for public works and public utility projects; 5) rules promulgated by the Law Enforcement Standards Board requiring drug testing of prospective law enforcement officers, tribal law enforcement officers, jail officers, and secure detention officers; or 6) any employer requirement that an employee be a licensed private security person and carry a firearm in the course of employment.
Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.
Who's behind it
3 representatives are its . 2 are Democrats and 1 is a Republican.
1 more lawmaker .
See all 4 names Hide the names
Authors (3)
- Dave Considine · Democrat, Assembly
- Sylvia Ortiz-Velez · Democrat, Assembly
- Shae Sortwell · Republican, Assembly
Signed on in support (1)
- Lena Taylor · Democrat, Senate
What it would cost
State agencies filed a . Each opens as a PDF from the Legislature.
What happened
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Apr 15, 2024
The session ended, and the bill died with it.
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Jan 8, 2024
A state agency sent in its estimate of the cost.
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Dec 22, 2023
Sent to the Assembly Committee on Criminal Justice and Public Safety.
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Dec 22, 2023
Introduced in the Assembly.
See the official record, word for word Hide the official record
- Dec 22, 2023 · Assembly
Introduced by Representatives Sortwell, Ortiz-Velez and Considine; cosponsored by Senator Taylor
- Dec 22, 2023 · Assembly
Read first time and referred to Committee on Criminal Justice and Public Safety
- Jan 8, 2024 · Assembly
Fiscal estimate received
- Apr 15, 2024 · Assembly
Failed to pass pursuant to Senate Joint Resolution 1
Terms on this page
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Public hearing
A meeting where anyone can speak to a committee about a bill, or send written comments.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Public hearing
A meeting where anyone can speak to a committee about a bill, or send written comments.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate