A PRESCRIPTION FOR POT

Erpenbach Bill Would Legalize Medical Marijuana in State

JANESVILLE - Sen. Jon Erpenbach said his push to legalize marijuana
for medical use is about compassion.

"Why does somebody have to break the law to go and get a very good
medicine for their system and is less trying on their system than
anything else has been?" the Middleton Democrat asked.

Erpenbach, whose district covers western Rock County, recently
introduced the Jacki Rickert Medical Marijuana Act with co-sponsor
Rep. Mark Pocan, D-Madison.

"Nobody's opening the door to the slippery slope of (legalizing) drug
use. It's more an issue of compassion and pain management," he said.

Rep. Steve Nass, R-La Grange, isn't convinced.

"I am opposed to this legislation," Nass said.

"The sponsors of this bill are ignoring the concerns of both medical
professionals and law enforcement. The Wisconsin State Medical
Society opposes this legislation because it attempts to proceed in
advance of legitimate scientific research into the medical benefits
of marijuana. In order to justify legalization, the medical benefits
must be validated by both scientific and medical experts," Nass said.

"The use of marijuana for medical purposes should be about medicine,
not a political agenda," Nass said.

When asked, other area legislators declined to take sides on the
issue, saying they will wait to hear the debate and from constituents.

Discussion on the bill starts when a joint health committee holds a
hearing at 10 a.m. Tuesday, Dec. 15.

"My goal is to get it out of my committee to have a vote on the floor
this spring," said Erpenbach, who chairs the Senate health committee.

How It Would Work

The bill would legalize marijuana only for medical purposes, and
users would need notes from doctors.

People with debilitating medical conditions or treatments would be
eligible. Conditions include cancer, glaucoma, Crohn's disease, AIDS,
HIV and posttraumatic stress disorder.

The state Department of Health Services would create a process to
extend the list, Erpenbach said.

Qualifying patients with doctors' notes could grow their own
marijuana or obtain it from "compassion centers" around the state, he said.

The state Department of Health Services would create rules for a
registry of people allowed to use medical marijuana and for licensing
and regulation of a non-profit corporation to distribute marijuana.

Erpenbach points to San Francisco, where marijuana shops popped up on
seemingly every corner, as an example of what it wouldn't be, he said.

The bill would regulate how much marijuana a patient could have-up to
12 plants and 3 ounces of leaves or flowers.

Users would be restricted on where they could use marijuana,
basically limiting it to their homes, and they wouldn't be able to
drive after use.

"These are pretty sick people," Erpenbach said. "(It's) situations
where it's not like they're going to a bar and smoking it. You're
pretty much going to be in a home."

Reaction

Reaction since the bill's introduction has been positive, Erpenbach
said. He's spoken with legislators who are leery, but others-who
might have been seen as dead-set against it-are open to the idea, he said.

Thirteen states allow medical marijuana, or medical cannabis, and
Wisconsin is among 17 states where legislation has been in the works.

Janesville Police Chief David Moore questioned the impact for officers.

"I'm concerned that if medical marijuana is allowed, that the laws
are carefully developed so officers on the street are able to make
conclusive decisions as to the legal or illegal possession of the
drug," he said.

Moore is also concerned about the message that legalizing medical
marijuana could send to children.

"My concern is I wouldn't want to send a mixed message to our youth
that marijuana is not harmful," he said.

Janesville officers have not encountered any medical use of marijuana
cases, Moore said, but they generally aren't staking out homes of
cancer patients.

Tim of Janesville is among area residents advocating for the bill. A
few months ago, Tim, 32, met with staffers for Rep. Mike Sheridan,
D-Janesville, and Sen. Judy Robson, D-Beloit, at the Capitol.

"To deny (a patient) a better quality of life as they die, that's
inhumane. It should be criminal," he said.

Tim started drinking at age 15 and became an alcoholic, leading to
problems in his life. He used marijuana as a crutch when he quit
drinking about four years ago, he said, and his regular use has "yet
to cause a negative on my life."

He smokes recreationally, but he said taking four or five hits at
night helps him fall asleep because prescription medication doesn't
help ease the pain from two bulging discs in his back.

He's been an outspoken advocate for legalized marijuana in
GazetteXtra story comments under the username "thekid3477." Other
readers have e-mailed him to indicate their support for medical
use-from "hard-core Republicans to cancer patients," he said.

Momentum

Earlier this year, the Obama administration directed federal
prosecutors to not seek arrests of medical marijuana users as along
as they follow state laws.

The American Medical Association also changed course, pushing for
more research and urging the federal government to remove marijuana
from its classification that equates it with heroin.

In Wisconsin, Gov. Jim Doyle has said he would sign the Jacki Rickert
Medical Marijuana Act if it makes it to his desk.

Erpenbach urges people to keep an open mind and talk to someone who's
dealing with cancer or another debilitating disease.

"This impacts them only," he said.

The bill wouldn't make drug use more prevalent, he said.

"We're taking what a lot of families have decided to do-risk arrest
and so on-to help out their family members," he said.

"In this situation, I don't see anything wrong with that at all."

Other Representatives React

Rep. Chuck Benedict, D-Beloit: "The Obama Administration recently
announced a change in policy related to medical marijuana in so much
as they will focus on those who traffic drugs and not those who
dispense marijuana for medical purposes.

"This change could impact state laws, not just in Wisconsin, but all
over the country. As a retired physician, I do know that marijuana
does offer medical benefits for some patients who require pain
management and anti-nausea treatments. AB554 will be before the
Assembly Public Health Committee, which I chair, on Dec. 15th, and I
am looking forward to hearing the debate."

Rep. Kim Hixson, D-Whitewater: "This legislation is still in a very
early stage of the legislative process. I am not a member of the
Assembly Committee on Public Health, where this bill has been
referred and has yet to receive a public hearing. Until this
legislation reaches the Assembly floor, I will continue to focus on
creating and retaining jobs in our area, which remains my No. 1 priority."

Sen. Judy Robson, D-Beloit: "I am going to keep an open mind about
this legislation. I look forward to hearing the testimony from
doctors, specialists in pain management, and law enforcement."

Rep. Mike Sheridan, D-Janesville: "The Jacki Rickert Medical
Marijuana Act was only recently introduced and referred to the
Committee on Public Health and has several legislative hurdles to
clear before it could be considered by the Assembly. A public hearing
has been scheduled, and at that time people will have their first
opportunity to speak out for or against the bill. I welcome input
from my constituents on the Medical Marijuana Act, and will consider
their opinions as I review this legislation."

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IF YOU GO

What: Hearing on medical marijuana bill before the Assembly and Senate

Public Health committees

When: 10 a.m. Tuesday, Dec. 15.

Where: State Capitol, Room 412 East, Madison.