Will Wisconsin Catch Up to Neighbors’ Marijuana Laws?
one bill in state Legislature would create medical pot dispensaries, while another would decriminalize recreational use
When it comes to marijuana laws, Wisconsin may be on the verge of taking a few steps toward catching up to its neighbors – three of whom allow both medical and recreational cannabis use. As of January, several bills are pending in the state Legislature in Madison that would loosen the state’s strict prohibition of pot.
One recent proposal, backed by Assembly Republicans, would allow medical marijuana to be sold in the state, although only at five state-run dispensaries. The bill, co-sponsored by state Rep. Jon Plumer, R-Lodi, was unveiled at a state Capitol press conference on Jan. 8.
“We’ve come up with a program I think is going to be very beneficial to a lot of Wisconsinites,” said Plumer, the assistant majority leader in the Assembly.
Under the bill, patients with certain medical conditions – including cancer, HIV/AIDS, seizures and epilepsy, PTSD, Alzheimer’s, multiple sclerosis, severe chronic pain or nausea, or a terminal illness – who want to use medical marijuana must first have a doctor confirm their diagnosis. They would then be able to receive a permit to purchase medical cannabis from a dispensary. While the dispensaries themselves would be state-operated and state-staffed, growers and processors of cannabis would be private, licensed businesses, Plumer said.
“We want to provide another option for relief for those suffering from serious illness who have had difficulty treating their pain.” –Wisconsin State Assembly Speaker Robin Vos
According to Assembly Speaker Robin Vos, also a Republican, the bill would allow cannabis in a variety of forms, including edibles, pills, topicals, concentrates, oils, gels, creams, patches, vapors, and liquids – essentially every form you can imagine other than the kind you can smoke.
“We want to provide another option for relief for those suffering from serious illness who have had difficulty treating their pain,” Vos said. “We believe this tightly regulated program will provide important relief to those suffering, while ensuring the least opportunity for abuse.”
Wisconsin Gov. Tony Evers, a Democrat, has repeatedly called for legalizing pot for both recreational and medical use. However, he has indicated he might be open to signing the limited Republican-backed bill into law.
“I would think that getting it all done in one fell swoop would be more thoughtful as far as meeting the needs of Wisconsinites that have asked for it,” Evers said, according to The Associated Press. “But if that’s what we can accomplish right now, I’ll be supportive of that.”
However, the medical cannabis bill has received a mixed response from others in the Capitol. Senate Majority Leader Devin LeMahieu, R-Oostburg, has said the bill is a “nonstarter” for many of his fellow Senate Republicans because it would expand the size of government. However, he added, a compromise could be possible, the AP reported. (Republicans have majorities in both houses of the Legislature.)
And even some marijuana advocates have criticized the proposal. Karen O’Keefe, director of state policies for the Marijuana Policy Project, told online industry news source Marijuana Moment that the state-run dispensary model could cause legal headaches. “Every state medical cannabis program relies on private stores, not state-run dispensaries. For good reason,” she said. “Licensing and regulating private cannabis stores is not federally preempted. However, requiring state employees to commit a federal felony by selling cannabis almost surely is.”
DECRIMINALIZATION BILL
Meanwhile, a separate bipartisan bill would decriminalize possession of small amounts of marijuana in Wisconsin. Rep. Shae Sortwell, R-Two Rivers, and two Democratic colleagues – Rep. Sylvia Ortiz-Velez, D-Milwaukee, and Rep. Dave Consadine, D-Baraboo – introduced the bill in late December that would reduce the penalty for possessing half an ounce (14 grams) of marijuana or less to $100. Currently, possessing that much pot could bring a misdemeanor criminal charge, up to six months in jail, and as much as a $1,000 fine. The bill would also eliminate the felony charge on the books for repeat marijuana possession.
Sortwell told Wisconsin Public Radio that the bill is a compromise, noting that some cities – including Eau Claire, Madison, and Milwaukee – have already reduced or eliminated fines for possessing small amounts of pot.
“Because of the way things kind of work out right now across our state, you may not be treated the same way if you or somebody you know is caught possessing marijuana in one part of the state versus another part of the state,” Sortwell told WPR.
Several other bills related to marijuana have also been introduced during the current legislative session. Last fall, Sen. Melissa Agard, D-Madison, introduced a comprehensive bill that would legalize recreational pot for adults. Among that bill’s co-sponsors are Rep. Jodi Emerson and Sen. Jeff Smith, both Eau Claire-area Democrats.
Last year, Minnesota became the third of Wisconsin’s neighbors to legalize cannabis for adult recreational use (medical marijuana has been legal in the Gopher State since 2015). Medical and recreational cannabis use is also legal in Illinois and Michigan, while Iowa allows patients to have limited amounts of THC-containing products for medical use.
Nationwide, 23 states and the District of Columbia have legalized recreational use for adults. In addition, 38 states and D.C. allow medical marijuana use.