How would Wisconsin medical marijuana compare to Minnesota? A cannabis attorney breaks it down.
Republicans in Wisconsin may not come to an agreement on creating a medical marijuana program in the state.
After Assembly Speaker Robin Vos introduced a bill that would create state-run dispensaries, Senate Majority Leader Devin LeMahieu called the idea a "non-starter" in his caucus. And now, Vos has said he doesn't plan to compromise and change his bill.
While it seems doubtful that the bill will pass both chambers and get a chance at becoming law, lawmakers are still likely to debate it in the coming weeks. Vos indicated there would be public hearings and the Assembly would pass the bill before it adjourns in February.
Lawmakers may compare the proposed medical marijuana bill in Wisconsin to neighboring states, such as Minnesota, which legalized medical cannabis in 2014 and recreational use last year.
The Milwaukee Journal Sentinel spoke with Jason Tarasek, an attorney in Minnesota who specializes in cannabis law and previously lobbied for recreational marijuana there, to understand how Wisconsin's proposal would compare to the medical program in Minnesota.
Eligiblity includes chronic pain, most common condition in Minnesota
The Wisconsin proposal lists 15 medical conditions that would qualify for the program, including cancer, HIV/AIDS, glaucoma, severe chronic pain, multiple sclerosis and terminal illness with life expectancy of less than a year.
Tarasek said every condition in the Wisconsin bill is included in the Minnesota program, but Minnesota includes more conditions — some of which might not have the same degree of scientific symptom-relieving evidence behind them.
He said nearly half of patients in the Minnesota program use medical cannabis for chronic pain, and their average age is around 50.
Patients doubled when raw flower was added to program
Minnesota's program initially didn't allow for the sale of raw flower, "which meant that the cost of the medicine for the patients was exorbitant" because processing the products adds costs, Tarasek said.
When Minnesota added raw flower to the program, participation doubled from 20,000 to 40,000, he said. Vos said lawmakers looked at that 40,000 number to gauge how many people might participate in Wisconsin.
Wisconsin's bill doesn't allow for smokable products, though prices of other forms like edibles, concentrates and topical forms would be set "only at a level sufficient to recoup product and operational costs."
Tarasek added he's never heard of an insurer that covers medical cannabis, and he didn't expect that would change even if the federal government reclassifies marijuana. Medical products are often too expensive for most people, and they "self-medicate with cannabis from the illicit market."
Now that Minnesota has legalized recreational marijuana, "we expect our medical program to kind of wither and die" and only exist for minors who use the products to treat conditions like seizures, he said.
Local governments could start dispensaries in Minnesota
While state-run dispensaries is a new idea, Minnesota's new recreational marijuana law also opened the door for local governments to run dispensaries, similar to how some states own liquor stores.
The licensing framework isn't in place yet, Tarasek said, but municipalities that already run liquor stores could eventually start selling cannabis products.
Tarasek said the state-run dispensaries could be open to legal challenges, especially because the "entire idea that states can enact adult-use cannabis programs in direct defiance of federal law is pretty peculiar."
He also questioned who would hold onto patients' data and if medical records could be subject to open-records requests.
More: These 7 details in GOP medical marijuana bill in Wisconsin could be key to debate
Wisconsin wouldn't include employment protections like Minnesota
The Wisconsin bill doesn't protect employees who use medical marijuana from discrimination in employment, though Minnesota does.
"If you're on the medical marijuana program in Minnesota, and you're showing up for work, and you're unimpaired, and you're getting your job done, your employer cannot discriminate against you," Tarasek said. "And we have that built into our statutes that protect you."
Tarasek has gotten involved in sending letters to employers who often aren't familiar with protections against firing employees who participate in the medical marijuana program.
The Wisconsin bill does include protection against discrimination in housing, which Tarasek supported.
This article originally appeared on Milwaukee Journal Sentinel: Wisconsin, Minnesota medical marijuana: Cannabis lawyer breaks it down
