City of Madison, Wisconsin | Legislative Information Center
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File #: 62417    Version: 1 Name: Update cannabis regulations and bail deposits
Type: Ordinance Status: Passed
File created: 9/30/2020 In control: Attorney's Office
On agenda: 11/17/2020 Final action: 11/17/2020
Enactment date: 12/4/2020 Enactment #: ORD-20-00109
Title: Repeal and recreate Section 23.20 and amending Section 1.08(3)(a) of the Madison General Ordinances to update regulations concerning cannabis and revise bail deposits for violations thereof.
Sponsors: Michael E. Verveer, Max Prestigiacomo, Zachary Henak, Marsha A. Rummel, Michael J. Tierney, Grant Foster, Patrick W. Heck, Rebecca Kemble, Sheri Carter, Keith Furman, Tag Evers, Shiva Bidar, Lindsay Lemmer, Satya V. Rhodes-Conway, Arvina Martin, Christian A. Albouras, Syed Abbas, Barbara Harrington-McKinney
Attachments: 1. 62417 Schedule of Deposits.pdf
Fiscal Note
The proposed ordinance updates regulations concerning cannabis use. These changes would most likely result in fewer cannabis related citations.
From January 1, 2019 to August 1, 2020, 468 cannabis citations were issues representing approximately $54,000 of which $14,000 has been paid.

Title
Repeal and recreate Section 23.20 and amending Section 1.08(3)(a) of the Madison General Ordinances to update regulations concerning cannabis and revise bail deposits for violations thereof.
Body
DRAFTER'S ANALYSIS: This ordinance creates several definitions including definitions for hemp, cannabis and cannabis derivatives. This ordinance repeals the City’s current ordinance regulating use and possession of cannabis. It repeals the current bail deposit for possession of small amounts of cannabis. This ordinance permits an individual who is 18 years or age or older to possess 28 grams (slightly less than an ounce) or less of cannabis and cannabis derivatives on private or public property with the permission of the owner, landlord or tenant. It prohibits the possession on school property, within 1000 feet of any school and on school buses. It further prohibits the possession of more than 28 grams of cannabis or cannabis derivatives on public or private property. This ordinance permits the consumption of cannabis or cannabis derivatives on private property or public property with the permission of the owner, landlord or tenant as long as such consumption is not in violation of MGO Sec. 23.05 (smoking regulations). This ordinance prohibits the consumption in a motor vehicle which is in operation. This ordinance permits the possession and consumption of cannabis or cannabis derivatives if the individual has a prescription for said possession, this language mirrors state statute. The ordinance establishes bail deposits for violations of the ordinance. While it is currently a violation of state statute and federal law to possess or consume cannabis or c...

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