In November 2008, 63% of Michigan voters made medical marijuana legalin that statea significant victory, when you consider that the ballot measurewon in each and every county and generated more support than Barack Obama. Moretellingly, that robust majority of voters approved a measure that the MichiganLegislature had previously rejected.
Since the program’s implementation this spring, morethan 6,000 Michiganresidents have signed up for the program, either as a patient or a caregiver.Patients obtain a recommendation from their doctor, pay $100 (or $25, if thepatient lives below the poverty line) for a state-issued ID card, and canpurchase marijuana from a state-licensed dealer or grow his or her own plants(up to 12 per patient).
Tim Beck, head of the Michigan chapter of Americans for SafeAccess, said that there’s been no “reefer madness”-style chaos or corruption ofkids. Instead, the program has allowed seriously ill Michigan residents to safely access medicinethat had formerly been driven underground.
“It has been a godsend,” Beck said.
The People Are Ahead of Their Politicians
Wisconsinresidents, though, aren't that fortunate, even though credible polling showsthat 80% support implementing a medical marijuana program in this state.
“It's more popular than any politician,” said GaryStorck, president of the state chapter of the National Organization for theReform of Marijuana Laws (NORML).
But Wisconsin voters don’t have the ability to enacta medical marijuana law via a voter referendum, as Michigan residents did. That can be done atthe local level, creating a patchwork of programs. Or an advisory referendumcan be placed on a statewide ballot, but that would not necessarily lead tolegislation.
Wisconsin voterscan approve amendments to the state Constitution, however, but that wouldrequire having the question approved by two consecutive sessions of the stateLegislature before it could be put on the ballot.
Storck said seriously or terminally ill patients whoneed immediate relief can't wait another two years.
“They justdon’t have that time,” he said.
That’s why medical marijuana advocates are pushinghard for the passage of the Jacki Rickert Medical Marijuana Act, sponsored bystate Rep. Mark Pocan (D-Madison) in the state Assembly and state Sen. JonErpenbach (D-Middleton) in the state Senate.
The legislation is based on Michigan’s model, and would strictlyregulate who could legally obtain or provide medical marijuana within thestate. Patients with debilitating medical conditionssuch as cancer, glaucoma,multiple sclerosis, AIDS or HIV, seizures, severe pain or nauseacouldparticipate in the program with a doctor’s approval and payment of up to $150for the state registry and an ID card.
“I’ve heard from people in my district and aroundthe state that when they are dealing with their cancer or MS or glaucoma, theonly bit of relief that they find from their chemo or their illness ismarijuana,” said Erpenbach, who chairs the Senate Health Committee. “It’ssomething the medical community is a little mixed on, but [medical marijuana]helps to ease the pain, and the state shouldn’t stand in the way or makesomeone a criminal if they’re looking to it for medical reasons.”
Despite strong public support, previous versions ofthe bill have died in committee, and were opposed by the Wisconsin MedicalSociety and the Wisconsin Sheriffs and Deputy Sheriffs Association (butsupported by the Wisconsin Nurses Association).
“This is one of those issues where the people areclearly way ahead of their legislators,” Pocan said.
Advocates are hoping that with Democrats controllingboth houses of the Legislature and the governor’s office, they’ll get moresupport than they did when Republicans controlled at least one house of thestate Legislature.
Jeff Peterson, head of the Milwaukee area chapter of NORML, said statelawmakers must pass this bill simply because it’s the humane thing to do for seriouslyill people with chronic pain.
“I have great anger that people are being denied theuse of something that could help them,” Peterson said.
A Green Economy
While Wisconsindoesn’t have a medical marijuana law on the books it falls further behind popularopinion and advanced programs in other states. Even the Obama administrationannounced that it would respect state laws regarding medical marijuana.Attorney General Eric Holder announced that the administration would stop usingfederal resources to prosecute seriously ill patients and their caregivers.
Fourteen states have legal, regulated medicalmarijuana programs, and advocates in another dozen are trying to launchprograms. Californiavoters were the first in the nation to approve medical marijuana, in 1996, with56% support. Voter initiatives then passed in Alaska,Colorado, Maine,Michigan, Montana,Nevada, Oregonand Washington, while programs were approvedby state lawmakers in Hawaii, Maryland, New Mexico, Rhode Island and Vermont.The legislative measures, like the voter referendums, usually win by a widemargin.
California,not surprisingly, has the most developed medical marijuana program, with anestimated 400,000 patients, and a flourishing “cannabusiness” that includes2,100 dispensaries, co-ops, clinics and delivery services.
California medical marijuana patients can choosefrom specific strains of pot that are best able to address their illness, aswell as cannabis-infused pastry, cooking oil, skin cream, soap, lozenges,lollipops, capsules and tinctures.
“It’s a good, green business that provides jobs,”NORML’s Storck said.
Now comfortable with the program, California residents and lawmakers aremoving toward making medical marijuana part of the state’s economy.
After approval by 80% of city voters, Oakland now taxes salesof marijuana at dispensaries, which will bring in an estimated $400,000 to$500,000 in its first year.
There’s also a proposal to tax marijuana throughout California, much like ittaxes alcohol, which would generate up to $1.3 billion in taxes annually forthat cash-strapped state.
In fact, when you crunch the numbers, legalizationand taxation of marijuana makes sense during an economic downturn. Legalizationof pot nationwide would generate about $7 billion in taxes and decrease lawenforcement costs by $13.5 billion, according to Harvard economist JeffreyMiron.
While Congress is unlikely to decriminalizemarijuana anytime soon, the voters seem to be in favor of it. A Zogby poll ofvoters in May found that 52% supported treating marijuana as a legal, taxed,regulated substance, with 37% opposed.
While Wisconsinmay be a long way from legalizing pot for all adults, Erpenbach said he ishopeful about the medical marijuana bill’s prospects in the state Legislature.
“The people of this state are compassionate,” Erpenbach said.