Assembly Republicans offer medical marijuana bill

State Assembly Republicans have unveiled a medical marijuana proposal they brag will be the most restrictive in the country while providing relief to seriously and terminally ill patients, but, after the details were released, its prospects for passage were about as clear as a thick cloud of smoke.

That’s because, for different reasons, Republicans and Democrats alike were refusing to inhale the details of a narrow government-run program with limited access.

Some Senate Republicans were measured, saying the proposal needed to be vetted; Gov. Tony Evers allowed that he might sign a version if it wasn’t too restrictive; and Northwoods Sen. Mary Felzkowski (R-Tomahawk) — a long-time supporter of medical marijuana — said she didn’t like the idea of the bill’s government-run dispensaries.

Under the plan, offered by Rep. Jon Plumer (R-Lodi) and other Republicans, five state-run dispensaries would be created. Those eligible to shop at the dispensaries could purchase non-smokable medical cannabis products.

Specifically, according to a Legislative Reference Bureau analysis, the bill allows for the purchase of various medical cannabis products, such as concentrates, oils, tinctures, edibles, pills, topical forms, gels, creams, vapors, patches, liquids, and forms administered by a nebulizer.

The plan, which has been circulating for co-sponsorship, would create an Office of Medical Cannabis Regulation in the state Department of Health Services “to establish and manage the patient and caregiver registry and to oversee the dispensing of medical cannabis products.” 

That agency would keep a registry of eligible patients and caregivers.

Eligibility would be limited to specific medical conditions, the analysis states, including but not limited to cancer, seizures or epilepsy, glaucoma, severe chronic pain, severe muscle spasms, severe chronic nausea, multiple sclerosis, inflammatory bowel disease, and any terminal illness with a probable life expectancy of less than one year. 

Only the patient and up to three caregivers could access the cannabis products.

According to Plumer, who laid out the details in a press conference last week, the program would be designed to break even, that is, the product prices would only recoup program costs, not provide general revenue to the state.

The state would also license cannabis growers and oversee processing and testing.

In an interview, Assembly speaker Robin Vos (R-Rochester) said it would likely be “the most restrictive version in the entire country.” 

In announcing the legislation, Plumer and other co-authors were enthusiastic about the prospects for bipartisan support. Rep. Joel Kitchens (R-Sturgeon Bay), a co-sponsor of the legislation, said the bill would help those suffering from chronic conditions.

“Marijuana does have certain medical properties, and for some people, it is a good option to deal with their illness,” Kitchens said. “This bill has strict controls to make sure it’s only used for medical reasons.”

Kitchens said it would not sanction recreational use. 

“As long as marijuana remains illegal at the federal level, Wisconsin can’t actually fully legalize it,” he said. “This is a first step that will help people who need it for their chronic illness.”

Rep. Angie Sapik (R-Lake Nebagamon) said the bill was a clear solution for many elderly and chronic condition sufferers, offering safeguards and clear medical prescription and benefits to everyday Wisconsinites.

“This legislation is a common-sense approach to addressing the health care needs of our community, and it demonstrates our commitment to serving the best interests of all Wisconsinites,” Sapik said. “With clear and unique solutions, we can ensure that those who can benefit from medical marijuana have access to the relief they need, while also upholding the integrity of our medical system.”

Rep. John Macco (R-Ledgeview) said the issue was personal for him.

“I saw firsthand the good that medical marijuana can do with my late wife,” Macco said. “Its calming effects and ability to stimulate appetite worked to ease both her symptoms and the effects of her treatment as she battled cancer. Wisconsinites facing similar circumstances should be able access those benefits legally.”

Macco said the bill would be a win for medical freedom.

“Wisconsin has long championed medical freedom, from right to try in 2017 to creating a naturopathic license in 2021,” he said. “By legalizing medical marijuana, we will continue this history of allowing our constituents to make the best decisions for themselves without government getting in the way. ” 

Not so fast

Despite those accolades, there were whiffs of concern in the air.

Senate majority leader Dave LaMahieu (R-Oostburg) was noncommittal, and Felzkowski, who has authored her own medical marijuana proposals, said she was just seeing the bill but was uneasy about the fact that the program would be government run.

“While some concepts in the bill sound incredibly well thought out, my concerns with several provisions, most notably the choice to require the state to directly dispense medical marijuana, instead of going the route of a proven, private-sector model of delivering this care, led to my decision to remain uninvolved in this particular legislation,” Felzkowski said. “I am a firm believer that private entities, run by those with expertise in this area of medicine, are more efficient and more effective than any government agency. Taking this option off the table is the primary cause of my unease at this time.”

Still, Felzkowski said any progress toward providing those in need with access to medical marijuana is something to be celebrated and she was eager to see the conversation renewed in the legislature.

Democrats, including Sen. Melissa Agard (D-Madison), said the bill was too restrictive.

“This is a serious matter the legislature will be taking up in the coming weeks,” Agard said. “We need to make sure we are crossing our t’s and dotting our i’s. I am thoroughly reviewing every provision of this bill because the devil truly is in the details.”

But Agard said she too was concerned about state interference.

“It is disappointing to see that yet again, Wisconsin’s Republican legislators are acting as health professionals when they are not,” she said. “I firmly believe we must trust doctors, patients, and caretakers to make these personal, medical decisions.”

And, Agard continued, putting forward an overly restrictive medical cannabis bill would not move the state in the right direction. 

“I will continue to tirelessly advocate for full legalization that will provide the public safety, freedom, opportunity, and economic benefit that Wisconsinites deserve,” she said. “This bill is picking winners and losers, and it doesn’t need to be this way.”

Senate Democratic leader Dianne Hesselbein (D-Middleton) — she too supports full legalization — did not oppose the bill outright, saying it represented some progress.

“I have long supported marijuana for recreational and medicinal use in Wisconsin, and I am glad that my Republican colleagues are joining the conversation for medicinal use,” she said. “While this proposal is a small step in the right direction, I fear that it may be too restrictive as speaker Vos previously stated.  We do not need the most restrictive medicinal program in the nation, we need the most effective.”

Hesselbein said she looked forward to working with community stakeholders and advocates to ensure that any bill prioritizes the needs of patients.