New ACLU Report: Black Wisconsinites More Than 5 Times As Likely to be Arrested for Marijuana Possession As Racial Disparity Grows

The ACLU of Wisconsin today released The State of Cannabis in Wisconsin, a report advocating for marijuana legalization, pointing to the overwhelming support for legalization among Wisconsin voters and the cost of continued criminalization.

Legalization support is widespread across all political groups and registered Wisconsin voters, according to a January 2024 Marquette Law School Poll, which highlighted that 78% of Republicans, 84% of Independents, and 95% of Democrats supported legalizing medical marijuana. Legalization of marijuana for recreational use is also supported by the majority of registered voters.

Additionally, Wisconsin voters made their voices heard in a series of advisory referendums about weed in 2018 and 2022. A majority of voters supported the measure each of the dozen times recreational marijuana legalization has appeared on ballots.

The report highlights the racial disparities in the criminalization of marijuana causes:

• In 2022, Black people were 5.29 times more likely than white people to be arrested for marijuana possession in Wisconsin despite comparable national marijuana usage rates. In 2018, an ACLU report found that Black Wisconsinites were 4.2 times as likely to be arrested for possession.
• In 2022, there were more than 13,400 arrests in Wisconsin for cannabis offenses, the overwhelming majority of which were for simple possession.

“The findings in the latest report show that failed War on Drugs policies are still having a profound impact on Wisconsinites, especially Black folks,” said Advocacy Director Amanda Merkwae. “Tens of thousands of people – disproportionately people of color – are thrown into our criminal legal system simply for possessing marijuana. A majority of Wisconsinites support legalizing cannabis, and it’s past time that lawmakers respond with reform.”

The Legislative Fiscal Bureau projected Wisconsin would generate $165.8 million in tax revenue each year in Wisconsin under the recreational legalization proposal in Governor Evers’ 2021-23 Executive Budget.

Wisconsin residents spent $121 million in 2022 on cannabis sales in neighboring Illinois, contributing an estimated $36 million to Illinois tax revenue.

“The criminalization of weed is unpopular, costly, and racist,” Merkwae said. “We call on Wisconsin legislators to listen to their constituents and move legalization proposals forward during the 2025-26 session.”