Last verified: May 2026
The 2022 Disparity Data
The ACLU of Wisconsin’s January 2025 State of Cannabis in Wisconsin report used 2022 FBI Uniform Crime Reporting data to measure racial disparities in cannabis-possession arrests:
- Statewide Black-vs-white disparity: 5.29× (up from 4.2× in 2018).
- Ozaukee County: 34.9× — worst single-county disparity.
- Manitowoc County: 29.9× — second-worst.
- Disparities have worsened since 2018, despite Madison/Milwaukee declination policies.
The Structural Persistence Despite Decriminalization
The persistent and worsening disparity is striking given the local decriminalization measures:
- Madison ordinance ($1, 1977 first / 2020 overhaul).
- Milwaukee County DA declination policy.
- 13 other municipal ordinances.
The disparity persists because:
- State-law-supremacy means county sheriffs and Wisconsin State Patrol can charge state-law offenses regardless of municipal ordinances.
- Selective enforcement patterns disproportionately target Black drivers.
- Highway interdiction stops disproportionately involve Black motorists.
- The felony cliff (Wis. Stat. § 961.41(3g)(e)) compounds disparate-enforcement effects through prior-conviction triggers.
The Ozaukee and Manitowoc County Outliers
Ozaukee County (34.9×) and Manitowoc County (29.9×) had the worst disparities. Both counties:
- Have small Black populations relative to white populations.
- Lack municipal decriminalization ordinances.
- Conduct active state-level interdiction operations.
The high disparity ratios reflect the small statistical base (small absolute number of Black-arrested individuals divided by very small Black population) but also concrete disproportionate-enforcement patterns.
Sen. Larson and the Tavern League Critique
Sen. Chris Larson’s framing connects the disparate-enforcement reality to broader political constraints: legislators "too beholden to their buddies in the Tavern League" prioritize beer-industry interests over cannabis-policy reform that would address disparate enforcement.
Connection to Felony Cliff
The 5.29× disparity has particular significance in light of Wisconsin’s felony cliff (Wis. Stat. § 961.41(3g)(e)). Black Wisconsinites disproportionately face:
- First-offense possession arrests (5.29× rate).
- Resulting first-offense conviction.
- Felony-cliff exposure on subsequent arrests.
- Class I felony charges that would not arise but for the prior conviction.
The cumulative effect is that the felony cliff disproportionately produces felony exposure for Black Wisconsinites — a structural racial-disparity outcome built into the statute itself.
ACLU Advocacy Director Amanda Merkwae
ACLU of Wisconsin Advocacy Director Amanda Merkwae has been the principal voice articulating the disparate-enforcement argument: "The criminalization of weed is unpopular, costly, and racist." The framing connects:
- "Unpopular" — Marquette polling 86% medical / 63% rec.
- "Costly" — tens of millions in WI tax revenue flowing to Illinois.
- "Racist" — 5.29× disparity (worsening).
The Reform Outlook
The disparate-enforcement reality strengthens the political case for reform. The 2026 election + 2027 session provide the opportunity for:
- Felony-cliff reform — eliminating the prior-conviction trigger.
- Comprehensive medical-cannabis legalization (SB 534 or successor).
- Adult-use legalization under Democratic trifecta.
- Expungement of historical disparate-enforcement convictions.
For in-depth cannabis education, dosing guides, safety information, and research summaries, visit our partner site TryCannabis.org
Related on this site: WI Dairy & Hemp Legacy, The Wisconsin Idea & German-Polis..., Send a Message.