Despite the widespread legalization of marijuana in the Midwest, Wisconsin State Patrol continues to arrest a significant number of individuals for possession of the drug, as revealed by recent statistics. Surprisingly, while local arrests for marijuana possession have dropped in the state, the State Patrol has seen a rise in the number of arrests made.
According to arrest data tracked by the Federal Bureau of Investigation, the number of arrests for marijuana possession on Wisconsin highways increased to 1,666 in 2022 from 1,292 in 2019.
The percentage of Black people arrested for marijuana-related offenses has doubled as more Wisconsinites are being arrested for possessing a substance that is legal in neighboring states.
The FBI reported that back in 2015, the State Patrol arrested a total of 825 individuals for marijuana possession, out of which 18% were Black people. Fast forward to 2022, and the numbers have drastically increased as Black people now make up 36% of the 1,666 individuals arrested for the same offense by the State Patrol.
According to national studies on drug use, both White and Black people have been using marijuana at comparable rates. However, the Black population in the state has increased from 7.1% in 2010 to about 7.7%.
According to the advocacy director for the American Civil Liberties Union of Wisconsin, Amanda Merkwae, the impact of the ongoing, outdated approach of drug war policing is quite severe. She stated, “It’s heartbreaking to see how this approach is ruining people’s lives.”
In the past five years, three of Wisconsin’s neighboring states – Illinois, Michigan, and Minnesota – have legalized marijuana. Although the rules for driving with marijuana differ in these states, individuals are permitted to have more than an ounce of marijuana in their vehicle as long as it is secured and not accessible to the driver.
According to the Wisconsin Policy Forum, approximately 50% of Wisconsin residents live within a 75-minute drive of dispensaries in neighboring states. This has led to a significant contribution of around $36 million in tax revenue to Illinois in 2022 from Wisconsinites who travel across the border for cannabis purchases.
According to State Patrol data obtained through an open records request, there was a spike in arrests for marijuana possession in 2021 in counties near the border with Illinois. However, the numbers dipped in the following year.
State troopers arrested a higher number of individuals for possession of marijuana and related paraphernalia across Kenosha, Racine, and Rock counties in 2021 as compared to 2019. Specifically, 146 individuals were arrested in 2021 while the number in 2019 was 104. However, the number of arrests decreased in 2022, with 103 individuals being arrested for the same offenses in the three mentioned counties.
Rock County saw the most significant increase in arrests after legalization. While only seven arrests were made in 2019, an average of 31 people were arrested each year between 2020 and 2022.
The opening of the Sunnyside Cannabis Dispensary in South Beloit in 2020, which is located approximately 2,000 feet away from the Rock County line on the Wisconsin border, coincides with the recent arrests.
According to the Wisconsin Department of Transportation, which is responsible for overseeing the State Patrol, it is important to note that possessing marijuana is still considered illegal under Wisconsin law. This statement was made in response to the increasing number of marijuana-related arrests in the state.
According to the DOT, state troopers often rely on a variety of factors to establish probable cause for searching a vehicle for marijuana, including the scent of it, visible evidence, admissions by people in the vehicle, and the use of drug dogs. However, the data currently available does not provide clarity on what specifically is driving the increase in arrests for marijuana possession.
According to the Department of Transportation (DOT), the legality of marijuana in another state is irrelevant. If Wisconsin law enforcement, including the Wisconsin State Patrol, discover illegal substances like marijuana, they will take appropriate enforcement measures based on the specific circumstances.
Privacy protections prevent the DOT from disclosing any demographic details about individuals who are arrested for weed possession on the border. The State Journal did not request any identifying information such as names or addresses, yet the DOT declined to provide any information.
Bill Lueders, president of the Wisconsin Freedom of Information Council, expressed his disapproval of withholding demographic information, stating that it is highly improper. According to him, law enforcement officials have never claimed that a person charged with a crime has privacy.
