WHILE DATA IN MILWAUKEE REFLECTS CHANGING TIMES WHERE MARIJUANA POSSESSION IS NOT A SERIOUS OFFENSE ANYMORE, THE REST OF THE BADGER STATE SEEMS FROZEN IN THE 20TH CENTURY.
from 1,129 convictions in 2010 to just 51 convictions in 2019. That same year, there were only 47 misdemeanor marijuana convictions and only four felony convictions in Milwaukee. The rest of Wisconsin, however, did not follow this trend. Convictions for simple possession, with no additional charge, went from 3,688 in 2010 to 2,422 in 2019—a 34% decrease, a very long shot from Milwaukee’s 95% decrease. “We focused on diverting or declining cases, like possession of marijuana, away from the justice system when appropriate,” the DA explained. “This practice informed a D.A. policy implemented in 2015 to not prosecute non-violent individuals who possess 28 grams or less of marijuana.” This translated to a much higher arrest count per conviction in Milwaukee County: In 2010, one in every four arrests for marijuana possession led to a conviction; in 2019, it was only one out of 20 arrests.
BLACK PEOPLE ARE MORE THAN THREE TIMES AS LIKELY TO BE ARRESTED FOR MARIJUANA POSSESSION IN MILWAUKEE. “Milwaukee County's arrest disparity is lower than Wisconsin, but Black people are 3.2 times more likely than White people to be arrested,” says the District Attorney, as opposed to 4.2 times in the rest of Wisconsin. In Ozaukee County, the worst county in Wisconsin in regard to this disparity, Black residents are 34.9 times more likely than white residents to be arrested despite a similar rate of marijuana use.
Photo by ksushachmeister/Getty Images.
It is when it comes to convictions, however, that the rest of Wisconsin is put to shame. Statewide, Black people are 4.3 times more likely than white people to be convicted, which is still better than how it used to be: In 2010, Black people were 9.5 times more likely than their white counterparts to be convicted for marijuana possession. “This decline in Black marijuana possession convictions is driven entirely by Milwaukee County,” the DA reveals. Outside of Milwaukee, which saw a 95% drop in convictions of Black residents for minor marijuana possession, the Badger State is failing to address racial equality questions relating to marijuana. “In 2019, Milwaukee's Black conviction rate is 1.7 per 10,000— considerably lower than the statewide rate of 14 convictions per 10,000,” the DA explains. However, “despite this large drop overall, absolute disparities between White and Black convictions are larger in 2019 than in 2010.” There are striking disparities in Black marijuana possession convictions outside Milwaukee County. In 2019, Milwaukee County had 69% of the state's Black population, but only 8% of its marijuana possession convictions. 92% of Black marijuana possession convictions occur outside Milwaukee County. Jean-Gabriel Fernandez is a journalist and Sorbonne graduate living in Milwaukee. He writes about politics, cannabis and culture for the Shepherd Express. MAY 2021 | 53
