WI's new medical marijuana proposal: limited access, strict eligibility, facing mixed political responses, and uncertain future.
April 5, 2024
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WI's new medical marijuana proposal: limited access, strict eligibility, facing mixed political responses, and uncertain future.
Republicans in the Wisconsin legislature unveiled a proposal to legalize medical marijuana in a very limited form on Monday, January 8th. The proposal has received mixed responses, with Democratic leaders continuing to push for full legalization and Republican leaders warning that such pressure may defeat the proposal and calling some aspects of it non-starters. The proposal is still in its early stages, but what might it mean for Wisconsin residents?
The short answer is not much. The bill is severely limited in who is eligible, where they can purchase medical marijuana, and what they can purchase when they do.
It would only be available to residents who suffer from severe and chronic illnesses such as cancer, HIV/AIDS, glaucoma, multiple sclerosis, inflammatory bowel disease, severe muscle spasms, chronic pain or nausea, and those with a terminal illness and less than a year to live.
The proposal will only allow for five state-run dispensaries, whose locations would be determined by the Wisconsin Department of Health Services, each in a different region of the state.
The proposal does not allow for any smokable or vapeable forms of marijuana to be dispensed. It would only authorize oils, gummies, pills, creams, and other non-inhalable forms of marijuana.
The proposal is still in its very early stages and has received a mixed response from both Republican and Democratic leaders, making it unclear whether the bill has a future as a law.
Democratic governor Tony Evers has indicated he would sign the bill if it passes but also said in an interview with the Associated Press that “getting it all done in one fell swoop would be more thoughtful as far as meeting the needs of Wisconsinites.”
Democratic Senate Minority Leader Dianne Hesselbein released a statement calling the measure a “small step in the right direction, [but] I fear that it may be too restrictive…. We do not need the most restrictive medicinal program in the nation, we need the most effective.”
These remarks highlight the nationwide trend of Democratic leaders supporting full legalization. While they seem willing to back limited medical legalization proposals, they view it as a step along the path to full legalization.
Republican Senate Majority Leader Devin LeMahieu has a different issue. He and several fellow Republicans believe that the State should not be involved in running the dispensaries and should instead be turned over to private organizations. “It’s a nonstarter for a lot of our caucus members,” LeMahieu said. “Why would we let government grow the size of government?”
Shedding more doubt on whether this bill can pass, Assembly Speaker Robin Vos said, in response to Evers’ lukewarm support of the bill, “I’m glad that the governor is open to supporting our proposal, but if he keeps saying it’s only a precursor to recreational marijuana, it will kill this proposal.”
Wisconsin Republicans have opposed legalization efforts in any capacity for years, and while this proposal was brought forth by Republicans, it is evident in its restrictiveness that they want to draw a firm line against any kind of recreational use.
Public opinion seems to side with the Democrats on this issue. According to polls conducted by Marquette Law School, Wisconsin citizens have supported the full legalization of marijuana for years, since at least 2019, when 59% of those surveyed supported recreational legalization. The most recent poll in 2022 showed 61% in favor of recreational legalization. That included showing that 51% of Republicans are in favor of recreational legalization; the first-time recreational legalization has had majority Republican support, according to the polls.
Further, the most recent data available on strictly medicinal legalization from 2019 shows that 83% of Wisconsinites support medicinal marijuana legalization.
While this proposal would not have any effects on criminal possession or DUI/OWI laws, many localities have already decriminalized simple marijuana possession, meaning it is punishable by a fine but not jail time. These localities include Madison, Milwaukee, Kenosha, Green Bay, Waukesha, and more.
But beware, decriminalization at the local level doesn’t mean you can’t face jail time for marijuana possession. First, decriminalization only applies to possession of specific amounts and in certain situations, which vary by locality.
For example, Madison’s ordinance, 23.20, prohibits possession under the following circumstances:
Check your local laws or consult with a local Wisconsin attorney to see what your restrictions might be.
Second, while the new standard operating procedure in Madison is to not prosecute simple possession, they will still prosecute it under some extenuating circumstances, such as if they believe there was an intent to distribute or if the possession is connected to other criminal charges. This could mean that they refer charges under state law rather than under the municipal ordinance.
Wisconsin state law still lists possession of even small amounts of marijuana as a misdemeanor punishable by up to six months in jail and a $1,000 fine. Even more alarmingly, subsequent offenses are classified as felonies and are punishable by up to three years imprisonment and a $10,000 fine.
If you are charged with possession of marijuana in Wisconsin, it is vital that you seek the advice of an experienced attorney who is well-versed in the marijuana laws, how to fight them, and how they might affect your future.
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