A view of medical marijuana products at a New York medical marijuana cultivation facility. Wisconsin Assembly Republicans have proposed a bill to legalize medical cannabis in the state under strict conditions. (Drew Angerer | Getty Images)

“Illness does not discriminate,” said Sen. Patrick Testin (R-Stevens Point) during a hearing of the Senate Committee on Health on Wednesday. “It affects people from all walks of life. There is no doubt that each and every one of us knows someone that has suffered through an illness and struggles to find ways to make it through each day.” 

Testin was speaking in favor of SB 534, a bill introduced by Republicans to legalize medical cannabis in Wisconsin. If passed, the bill would allow registered patients to have cannabis in a non-smokeable form such as a concentrate, oil, tincture, edible, pill, cream or vapor. The bill would also create an Office of Medical Cannabis Regulation attached to the state health department and tasked with overseeing the budding program. 

Testin shared a story about his grandfather, whom he described as his role model and as “the reason I decided to take a life of public service.” Back in the 1990s, Testin’s grandfather was diagnosed with lung cancer, which then metastasized to bone cancer. 

The senator recalled watching his grandfather undergo chemotherapy. The man “was a big guy,” Testin said, “and we watched him wither away.” At that moment, over 25 years ago, “my family made the very difficult decision to go outside the law to get him marijuana,” Testin said. “It gave him his appetite back, and it gave him time that we probably otherwise would not have had.”

Testin said his story was not unique. Although other medications exist, he said that many “come with side effects that can make living a normal life much more difficult.” He noted that 40 states, including Wisconsin’s neighbors Michigan, Illinois and Minnesota, give patients access to medical cannabis when recommended by doctors. Texas is the most recent state to legalize medical cannabis, he noted

“So both red and blue states alike have been able to come together and recognize that this is a viable option,” Testin said. “Medicine is never a one size fits all, and it’s time for Wisconsin to join the majority of the country and add another option which may help patients find relief they need.”

Legislation’s provisions

Under the proposed bill, medical cannabis sales would be tracked through the state’s prescription drug monitoring program. Pharmacists would also be required to be on-site at dispensaries. The legislation would only cover certain conditions: cancer, seizures or epilepsy, glaucoma, severe chronic pain, severe muscle spasms, severe chronic nausea, Parkinson’s disease, multiple sclerosis, inflammatory bowel disease, and any terminal illness, including patients with a life expectancy of less than a year. 

Patients must be at least 18 years old. Minors could have access if there is  written consent “from all” of their parents or guardians. Patients would be given registration cards and would be charged $20 a year to remain on the registry. 

The bill also prohibits dispensaries or their staff “from claiming that medical cannabis may cure, mitigate, treat, or prevent any disease or medical condition.” Dispensaries would also be prohibited from “advertising their services to the general public, with certain exceptions.” 

The bill includes a provision preventing courts from considering  lawful use or possession of cannabis, or being registered as a patient, when determining  custody or placement of a child, except where the child has access to the cannabis. Unlawful possession or use could still be used against parents in court, however. The bill also protects people who lawfully possess cannabis against housing discrimination, and prevents local governments from regulating legal medical cannabis programs or using zoning laws to restrict the location or operation of a legal cannabis operation. 

Support and opposition

Earlier this year, two-thirds of registered voters polled by Marquette Law School said that cannabis should be legalized in Wisconsin. The Wisconsin Wellness Coalition has registered with the Wisconsin Ethics Commission in support of the legislation and the Wisconsin Medical Society against it, The Alzheimer’s Association, Outdoor Advertising Association, and Pharmacy Society have all registered their positions as “other.” 

People from a variety of backgrounds also spoke during the public hearing. Many supported legalizing cannabis, but had concerns about restrictions in the bill. 

“This should not be a partisan issue,” said Testin. “It is clear that we as a state need to begin having a real discussion about medical cannabis legalization, and it is our hope that this bill will be the first step. It’s time for Wisconsin to provide our citizens with another option in their health care.” 

Sen. Mary Felzkowski (R-Tomahawk), who has proposed  medical cannabis legislation for years, echoed that sentiment. 

“Wisconsin is on an island surrounded by neighboring states that allow the use of medical cannabis products,” Felzkowski said during the Wednesday hearing. “Someone who suffers from a serious health condition should not have to make the choice to travel to another state or break the law so that they can try an alternative medicine for relief.”

Felzkowski recounted her battles with breast cancer, first when she was 40 years old, which resulted in a double mastectomy, and then a stage 4 diagnosis a decade later. She described the side effects of opioids that doctors prescribed to control her pain as “something nobody should have to live through.” 

She said her oncologist called medical cannabis  “another tool in the toolbox, and it could help a lot of people.” 

 “Here we are sitting in our Ivory Tower, denying that for people that really need it, and it’s wrong that we’re doing that,” Felzkowski said.

Legislators are divided

Lawmakers hope to get more colleagues behind the bill. Yet, despite lagging behind many other states, Wisconsin’s Legislature still struggles with just talking about cannabis. “We are not going to be talking about overall legalization for cannabis products,” said Sen. Rachael Cabral-Guevera (R-Appleton), as she chaired a meeting of the Senate Committee on Health on Wednesday. “So, if you’re here to testify on how this should be 100% legal, this is not the spot for you today.” 

The Legislature held its first public hearing on legalizing cannabis in 2022 in the Senate. Rep. Patrick Snyder (R-Weston), who also spoke during Wednesday’s hearing, said in an interview with the Wisconsin Examiner that he’s optimistic that the new bill will survive the Senate. “My goal this time,” Snyder told Wisconsin Examiner, “is something we haven’t done yet since I’ve been here and that is to have a hearing in the Assembly, where people I talk to can come down and explain their situations.”

Snyder said he hears from constituents who want the state to legalize medical cannabis. When he talks to Republicans who oppose the bill, he said, “I try to tell them first of all, this is something that helps a person. This is something that is going to be focused on folks that really need it.” 

Snyder stressed that “these are people not looking for shortcuts to get marijuana, I mean they could do that without [legalized medical cannabis].” Rather, his constituents are people who often don’t want to travel so far north or south to get their medicine, or who would prefer going to a local farmer or dispensary instead.

The bill’s critics include Republicans who feel medical cannabis would only lead to legalizing recreational use, which they don’t want, as well as Democrats who criticize the bill’s restrictive framework and want Wisconsin to legalize recreational use of cannabis. 

Even with the Republican bill’s restrictions on the form in which cannabis can be used and its system of rigorous licensing, testing and enforcement, Snyder said there are “far right” Republicans in the Assembly who need to be won over. 

Felzkowski said of the 24 states that allow recreational marijuana, 15 did so through ballot measures, which aren’t available in Wisconsin. “So that’s never going to happen in the state,” she said. 

Nine states that have legalized recreational  marijuana after legalizing medical cannabis “are solid blue states like Illinois, New York, and Connecticut,” she said. “Wisconsin is not a solid blue state.”  

Another 16 states have only legalized medical cannabis. Hawaii, the first state to pass a comprehensive medical cannabis program in 2000, still does not allow recreational cannabis, she said.  

“Fortunately, Wisconsin is able to learn from the experience of other states,” said Felzkowski. “We can create an effective program with safeguards, so patients and small businesses can benefit from medical cannabis products, while preventing abuse, or those without medical need from gaining access.”