There have been recent murmurs about the possibility of legalizing medical marijuana in Wisconsin. But these proposals have stalled as lawmakers have been unable to agree on the parameters of legalizing medical marijuana. Currently, there is a patchwork of laws governing the use and possession of marijuana in Wisconsin - some that effectively decriminalize it and others that consider possession a felony offense.
Soon, Wisconsin is likely to be surrounded by states where marijuana is legal for recreational use. A recent analysis from the Wisconsin Policy Forum called Changing Midwest Marijuana Landscape Impacts Wisconsin finds that half of all Wisconsinites over 21 can drive an hour and half from their homes to a legal dispensary in a nearby state.
Illinois and Michigan have both legalized recreational marijuana, and Minnesota is likely to legalize it this year. Although Wisconsin voters have shown support for legalizing recreational and medical marijuana in non-binding referendums, talks on legalizing medical marijuana have stalled. Republican leaders have made it clear they will not support legalizing recreational marijuana, despite proposals from Democratic leaders and its popularity among voters.
In each state, the legalization of recreational or medical marijuana has looked different, each using a different system for taxes and eligibility requirements.
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"There's a lot of complexity to these laws. They look vastly different from state to state, which I think is part of what you run into when you're looking at how to deal with the product at the state level versus at the federal level," Brown says.
The sales of marijuana in Illinois and Michigan has allowed the states to charge a tax that creates an additional source of spending revenue.
While talks of legalization stall in Wisconsin, marijuana continues to be governed by a patchwork of laws in different municipalities. In Milwaukee County, for example, people found carrying a small amount of marijuana (less than 25 grams) can only be fined $1; in nearby counties, that fine could be $1000 and 6 months in jail. Many Wisconsinites continue to use marijuana, but since there isn't a legal market, they're at higher risk of getting tainted or dangerous drugs like synthetic marijuana.
"The reality is that Wisconsin has two neighboring states where there is a law in place [and] it is very likely to have a third very soon. So, I think it is not worth discounting the extent to which there might be a very functioning black market for the substance," Brown says. "When you have some sort of black market, what you are missing is potential regulation of these synthetic products that can be extremely harmful to individuals."
He concludes, "What you're left with as a resident of the state right now is a very confusing policy grouping for this substance. And something that is just very difficult to understand at the individual level unless you're tracking this very closely."
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