Wisconsin Medical Marijuana Legislation

[WisconsinNORML]

New Billboard Highlights Wisconsin State Senators' Obstruction of Medical Marijuana Legislation

*Billboard image available online at WisLegalize.org*

MADISON, Wis., Sept. 29, 2014 -- The League of Marijuana Voters launched a billboard Monday that highlights two Wisconsin state senators' obstruction of medical marijuana legalization. The first ever billboard advocating for medical marijuana legislation in Wisconsin is part of a new campaign targeting Senators Leah Vukmir (R-Wauwatosa) and Mary Lazich (R-New Berlin) for preventing passage of a bill that would allow people suffering from debilitating conditions to use medical marijuana if their doctors recommend it. The group is coordinating with the local Southeastern Wisconsin NORML chapter to raise awareness in the Senators' districts.

The billboard, which faces eastbound traffic on I-94 by 121st St. in West Allis, features silhouettes of the two legislators, their names, and their phone numbers. It reads, "WI patients have NO access to medical marijuana," and encourages voters to, "Ask [them] why!" The ad will run from September 29 through November 9. The billboard was designed by a volunteer and paid for by more than 100 individual donors. Planning and fundraising for more billboards around the state are currently underway.

Sen. Vukmir, who chairs the Senate Health and Human Services Committee, refused to allow a committee vote on the Jacki Rickert Medical Cannabis Act (JRMCA). Sen. Lazich (R-New Berlin), who serves on the committee, was also vocal in her opposition to the bill.

"Studies have repeatedly shown that marijuana has significant medical benefits," said League of Marijuana Voters co-founder Eric Marsch. "It can inhibit epileptic seizures, reduce the nausea associated with chemotherapy, and relieve the pain associated with multiple sclerosis, among other things. People suffering from serious illnesses should not be punished for using medical marijuana if it can relieve their symptoms and improve their quality of life."

In April, the legislature passed a bill ostensibly allowing people suffering from seizures to use CBD oil, a marijuana extract. Unfortunately the bill requires the federal FDA approve an investigational drug permit for CBD oil before anyone in Wisconsin can access it, something unlikely to happen anytime soon, and it doesn't cover the vast majority of illnesses that medical marijuana treats. By contrast, the JRMCA would immediately allow patients suffering from a wide variety of debilitating conditions to use medical marijuana.

"We want to make medical marijuana a major issue in these last few weeks before the election," Marsch said. "Most Wisconsin voters support access to medical marijuana, and the legislature cannot keep sweeping this issue under the rug."

A 2010 Dane County Advisory Referendum showed 75.49% of voters in support of medical marijuana. In February 2013, a Fox News poll showed 85% of American voters in favor. Twenty-three states and the District of Columbia have adopted laws that allow seriously ill people access to medical marijuana if their doctors recommend it.

 

[Banefoul]

and so with the omnibus passing this should add validity to my dr saying he supports cannabis for my medical uses. all i should have him do is write it down and sign it. im also hearing you can hit freeport or rockford to get a script?



landmark 2004 case, Wisconsin vs. Cheryl Lam, where a Sauk County court had dismissed possession charges due to a California medical marijuana recommendation from the late Dr. Tod Mikuriya.
http://www.mapinc.org/norml/v04/n1805/a06.html?

http://hemp.org/news/content/wiscon...l-after-showing-oregon-medical-marijuana-card

WI Ss. 961.32(c) and 964.41(3g) which state Wisconsin citizens can indeed possess weed with a doctor's note.

961.32  Possession authorization.
(c) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a schedule V substance

961.38  Prescriptions.
(3) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in schedule III or IV, which is a prescription drug, shall not be dispensed without a written, oral or electronic prescription of a practitioner.

961.41(3g)  
Possession. No person may possess or attempt to possess a controlled substance or a controlled substance analog unless the person obtains the substance or the analog directly from, or pursuant to a valid prescription or order of, a practitioner who is acting in the course of his or her professional practice, or unless the person is otherwise authorized by this chapter to possess the substance or the analog.

several other cases have quietly recognized or upheld the legality of certain medical marijuana use in Wisconsin, citing instances in Waukesha and Outagamie counties. Around 60 Wisconsinites have valid Oregon permits, according to Storck. Oregon began issuing out-of-state permits in 2010.

 

[WisconsinNORML]

NORML Working with Dane County Communities: It's Time to End Marijuana Prohibtion.



A Better Way

Significant progress has been made concerning marijuana law in Dane County and positive changes seem to be in the works for some local communities. However, many penalties remain on the books. There is a clear path to a better county, through progressive marijuana policy, which sets the tone statewide and nationwide.



Enforcement of these unjust laws needlessly clogs the criminal justice system and wastes millions of taxpayers' dollars. The war on marijuana is carried out with stunning racial bias. This war spends money where it doesn't help the community. Use and availability have not been significantly impacted. There is a better way.

Paraphernalia laws exacerbate the issue and are a major contributor to arrests. Many times these laws are used to compound charges against offenders.

Law enforcement are ready for these changes. They see the realities of marijuana today more than ever before in the face of a heroin epidemic and want these laws changed. Dane County prosecutors have the option to charge marijuana possession criminally, but since 2007 it is a rare case when they do so they end up as ordinance violations. Fines can lead to bench warrants, which for some lead to jail time.

It's time to end prohibition of marijuana.




Moving Beyond Marijuana Prohibition in Dane County

In 2010, Dane County voted on a referendum asking if Wisconsin should allow medical marijuana, which passed with 75.49% of the vote. That same year in Dane County, it was reported in the ACLU report The War On Marijuana in Black and White that blacks were arrested more than six times as often as whites yet only constituted 5.2% of the population.

In 2014, Dane County voted on a referendum asking if Wisconsin should allow legalization of marijuana, which passed with 64.5% of the vote.

Working with Madison NORML and Wisconsin NORML, a plan to work on ordinances was researched and documented. It continues to be adapted to fit where applied. Full repeal is recommended for prohibition of marijuana and marijuana paraphernalia ordinances and penalties.

Some municipalities are choosing to include language prohibiting juvenile possession in their ordinances. We offer no opposition to these amendments but we suggest fact-based approaches to educating juveniles of the risks associated with consuming psychoactive drugs rather than provide penalties.


Local Ch-ch-changes


Middleton began deliberating on the issue in July 2015 and are considering a proposal which is currently in committee. Alders have been in support of lowering fines, the police chief stated he "would not be opposed to reducing our fine amount or adopting the provision of allowing casual amounts in a private setting." At a Council of the Whole meeting in mid-2015, it was discussed positively.

Fitchburg had $1000 fine for small possession, the highest in the county, leading to fines with fees and court costs as high as $1321. In September 2015 they made a revision to their ordinance. Possession of marijuana for 21 years and over is now $1 fine, possession of marijuana under 21 years is a $200 fine.

In 2015, Dane County made a change from $1000 fine to $1 fine for possession of arbitrarily small amounts of cannabis for first time offenders. Statewide, second offense for possession is a felony and any cultivation is a felony, even passing a joint has been charged as felony distribution. Full repeal is recommended.

Monona alders were contacted and a meeting was set up with an alder and the police chief, a police sergeant attended as well. At their request, I proposed language for an amendment to the ordinance. Subsequently, there has been continued productive conversation leading to discussion between citizens, alders and law enforcement at a committee meeting in Jan 2016. The committee is now considering two proposals. One to repeal prohibition, one keeping a $1 fine, both proposals contain language prohibiting juvenile possession and exempt marijuana paraphernalia from their drug paraphernalia possession ordinance. The measures will likely be discussed and voted on at the committee meeting in February. We will recommend the city move forward without a fine.

Madison's ordinance 23.20 was enacted in 1977. There is little that is progressive remaining in the language. We recommend full repeal along with exempting marijuana paraphernalia from 23.201, preparing for legalization statewide and nationwide.

I am so grateful for and look forward to more enlightening discussions with so many thoughtful people of our great county and state. Leaders willing to push to finally end this devastating war are making the right decisions to step forward into the light. The results are overwhelmingly positive.

In the event that certain cities or villages are not willing to move forward, using State Statute 9.20 allowing direct legislation remains an option. We do not prefer this method as there is great value in the discussion.

The time is now to end the prohibition of marijuana across the county, state and country. Let's push forward towards other communities and strive for great achievements in 2016.