Proposed state marijuana bill raises more questions than answers
The state of Wisconsin is poised to switch from being a hardline opponent to drug use to become the leading dealer under a Republican bill that would create state-owned medical marijuana dispensaries.
Under the legislation that was introduced this week, Wisconsin would open five state-run dispensaries where people with a medical marijuana card would be able to go to buy their marijuana.
Wisconsin is one of just 12 states where recreational or medical marijuana is not available. The state does allow for CBD oils and products, which is derived from hemp, a marijuana relative, and does not have the psychoactive chemical THC which is the primary chemical which gives marijuana users their “high.”
Legalization of marijuana has been a major issue for democratic lawmakers and Gov. Tony Evers for years. Pressure has been growing in recent years as Michigan and Illinois have made recreational use legal and Minnesota has taken a greatly relaxed position on the drug.
While far from a complete reversal, the measure proposed by Assembly Speaker Robin Vos represents a significant step toward eventual legalization in the state, despite assurances from Vos that this will not turn into a work-around of the state’s ostensible marijuana ban.
The possession, sale, or manufacture of marijuana is illegal under Wisconsin law. If you are in possession of 200 grams or less of marijuana or THC it is considered to be a misdemeanor and has a maximum penalty of six months in jail with a $1,000 fine for your first offense. This is regardless of the form it is in. For the second offense, it is considered a felony and you can get up to 3.5 years in prison and pay up to a $10,000 fine.
While this is what the statutes currently say, in practice there is a great deal more leniency as many communities will issue ordinance violations, or even warnings for small amounts of THC. The focus for law enforcement and the courts, rightly, is on harder drugs such as meth and heroin which have more immediate and devastating impacts on individuals and communities.
If anything, the move to open any level of legalization now has more to do with capturing tax revenues currently going out of the state than with any high-minded public policy measures. Excise taxes on marijuana sales generated $266.2 million in taxes for the state of Michigan last year, up 49% from the year before. This amount of potential revenue can make even the most puritanical legislator change their tune.
From a public policy standpoint, the increasing risk that any illicit drug has been laced with deadly fentanyl is more than reason enough to have a method to regulate and control marijuana sales. It is unlikely, given the current political atmosphere of the state, that this will factor into any decision making - at least not openly.
There are some significant flaws in the current plan, such as having the planned dispensaries owned by the state and staffed by state employees, rather than contracting with private companies. There are also questions about where these dispensaries will be located and of local governments will have any say in where they are located.
There is also the cynical political take on the Republican plan, that it is just a gamesmanship move by Vos to push through a really bad medical marijuana bill leaving it up to cooler heads to kill it in committee or to force the governor’s hand in vetoing it. Vos could then campaign claiming to have tried, but that it was someone else’s fault it didn’t happen.
Regardless, there remains a lot of work to be done on any proposed marijuana legislation. Legislators need feedback on how you think the state should proceed. Contact Sen. Cory Tomczyk and Rep. James Edming and tell them how you feel about the proposed medical marijuana bill.
Members of The Star News editorial board include Co-Publisher Carol O’Leary, Publisher Kris O’Leary and Editor Brian Wilson.
