Wisconsin Senate GOP leaders say Assembly bill to create state-run 'DMV for Medical Marijuana" is a 'non-starter'

Top Republican Wisconsin senators are already signaling that a newly unveiled bill from their Assembly GOP colleagues to create a strictly limited medical cannabis program may be a “non-starter”–especially as it concerns its novel proposal to have state-run dispensaries that the Senate majority leader is critically comparing to a “DMV for medical marijuana.”

After a series press conferences in Wisconsin to announce the much-anticipated plan of legalizing medical cannabis by Assembly Republicans, Senate Majority leader Devin LeMahieu and Senate President Chris Kapenga are tempering the expectations and raising concerns for their chamber’s delegates about specific provisions as well as the overall thrust of Assembly legislation.

Conservative Assembly members have proudly declared that they would create the “most restrictive” medical marijuana program in America, with a ban on smokeable products and a list of conditions for eligibility. There are only five state-run cannabis dispensaries.

The question was whether or not the Democratic state lawmakers and the governor, who had pushed for comprehensive legalization of adult use in the state, would support the proposal. But now the question is more urgent: will the GOP Senate back it?

LeMahieu said that Thursday the state-controlled dispensary proposal is “a non-starter” for many of the caucus’ members, asking “why the legislature would let government grow in size?”

He told at a WisPolitics.com Luncheon that “my caucus and perhaps for many members of the Assembly’s caucus we campaign on controlling government size.” He said that the bill was “like a DMV” for medical marijuana, though he acknowledged there were “a lot of positive things in it.”

Kapenga, Senate President, appeared less enthusiastic about creating any kind of medical cannabis program.

“Although the Republican State Assembly has introduced a medical marijuana bill to reduce abuse, the data on marijuana’s efficacy as a drug is inconclusive, at best. At worst, it can have dangerous and harmful side effects, including concerns for public safety,” he said on X (formerly Twitter), on Thursday.

The Republican State Assembly has introduced a medical marijuana bill that aims to reduce the abuse of the drug. However, the data regarding the effectiveness of marijuana in treating certain conditions is at best inconclusive, and at worst it can have harmful effects, including concerns for public safety.

— Sen. Chris Kapenga (@SenatorKapenga) January 11, 2024

Sen. Melissa Agard’s (D) dissatisfaction with the apparent disconnect between Assembly and Senate GOP is not surprising. She has been leading the charge for broader legalization of cannabis in recent sessions, and has consistently been left out of Republican discussions about more incremental reform.

Agard, speaking to Marijuana Moment Thursday, said that Wisconsin Republicans have been giving false hope for patients who could benefit greatly from medical marijuana. “Unfortunately it appears that the GOP’s new policy proposal is nothing but a continuation in their pattern of smoke-and-mirrors when it comes cannabis reform.”

Agard said, “Cannabis is a serious issue, and we should not treat it like a game of politics.” She has also urged the public to pressure their representatives into holding a hearing for her reform legislation. I will continue to advocate for the full legalization and responsible use of cannabis by adults across Wisconsin. This will create greater public safety, freedom and economic opportunities for Wisconsinites.

According to the Assembly GOP’s plan, which was described, the state will create a restrictive program that limits patients only to non-smoking cannabis products such as edibles and oils. Patients with certain conditions could receive a prescription from a doctor and purchase the products at five dispensaries in the state.

Cancer, epilepsy and post-traumatic disorder (PTSD) are all qualifying conditions. So is glaucoma. Also, chronic severe pain, muscle spasms or chronic nausea. Multiple sclerosis, inflammatory bowel diseases, Alzheimer’s Disease, and terminal illnesses with a life expectancy of less than 365 days.

The state would run the dispensaries, but growers and processors could operate independently if they obtained a state permit. The state would employ the pharmacists that dispense cannabis to patients.

A legislative analysis found that the bill would establish a Office of Medical Cannabis Regulator (OMCR) within DHS, which will regulate the program and maintain a statewide registry of patients and caregivers. Department of Agriculture, Trade and Consumer Protection would oversee the cultivation, testing and processing.

The proposal would allow only the OMCR to sell medical cannabis to patients. It would also exempt the cannabis from state sales taxes. The advertising of dispensaries’ services would be banned.

The law specifically allows employers to ban cannabis, even when it is used legally under a medical marijuana program.

Karen O’Keefe is the director of state policy for the Marijuana Policy Project. She told Marijuana Moment, that the bill, “puts everything in one unstable basket – state-run dispensaries.”

Every state’s medical cannabis program relies upon private retailers, not state-run pharmacies. “For good reason,” said she. The federal government does not have the right to regulate and license private cannabis shops. It is almost certainly illegal to require state employees to commit federal crimes by selling cannabis.

“Making things worse, the bill does not provide any legal protections until state-run dispensaries start selling cannabis. This may never happen. She continued, “Patients could not just obtain their medicine in one of the border states that have access.” It would still be a crime to do so. Wisconsin patients should not be given false hope, but a system that is proven to work in spite of federal law.

Gov. Gov.

Assembly Speaker Robin Vos, for his part said last month that he is “pretty sure” that the legislature will pass the medical marijuana legislation even if “only Republican votes” get it to the finish.

In an interview with the BBC this week, he stated that supporters were “very close, or even there”, to getting enough votes to pass.

While Republicans have been working on modest reform , they’ve found that Democratic efforts to push for adult-use cannabis legalization has complicated their work.

—

Marijuana Moment has tracked more than 900 bills relating to cannabis, psychedelics, and drug policy in state legislatures as well as Congress this year. Patreon supporters who pledge at least $25/month gain access to our interactive charts, maps and hearing calendar.

Discover more about our marijuana bills tracker. Become a Patreon supporter to gain access.

—

Evers said recently that Wisconsin has “lost out” to neighboring states that have implemented the reform because of the GOP’s inaction.

Evers said that it was time to legalize, tax, and regulate marijuana in Wisconsin, just like we do for alcohol. In November, he granted another round pardons . This included dozens of people who had prior marijuana convictions.

In November, the state Department of Revenue published a fiscal estimate of Agard’s legalization bill’s economic impact. The department projected that this reform would generate approximately $170 million in annual tax revenue.

A legislative analysis, requested by the leader of the minority, estimated that Wisconsin citizens spent over $121 million on marijuana in Illinois alone in the past year, generating tax revenues worth $36 million for the neighboring state.

The conservative legislature, however, has long been resistant to even small reforms – removing marijuana proposals from Governor’s budget requests.

A bipartisan group of Wisconsin legislators introduced a bill to decriminalize possession of marijuana in Wisconsin last month. The sponsors hope that the noncommercial, limited reform will gain enough support to pass the state’s GOP controlled legislature. It could also become law alongside the separate medical cannabis legislation.