This legislation is known as No Smoking – No Home Grow – Pharma Pot Products Bill will have more information come out as it is in the co-sponsorship phase. Each Republican Senator and Assembly Representative that signs on will be another vote for marijuana reform of some sort in Wisconsin. No bill is perfect and this one still faces huge opposition and two uphill battles in the committees before they can even get a public hearing.
At public hearings you can show up and testify to the merits of the legislation pending. Watch closely because these hearings are scheduled quickly and will be in Madison.
Patients who want flower products to smoke under this proposed program would not be covered and thus still illegal. Patients who want to smoke will turn to the black market or the legal market in every state around Wisconsin. Patients will grow their own marijuana in Wisconsin, they just will not be protected under this proposed program.
We all know the no smoking and no home growing bill will still put patients in jeopardy. That is why with the companion of SB 577 / LRB-3608 known as Decriminalization is just as important for our elected officials to consider. Not only at the state level, but the state under SB 577 gave municipalities another angle in local reform. As we know in the past articles, cities in Wisconsin have form of decriminalization covered in ordinances. Cities like Monona and Sturgeon Bay have even removed the penalty for possession in private homes.
SB 577 eliminates 1) the penalty for possession of marijuana if the amount of marijuana involved is no more than 28 grams; 2) the penalty for manufacturing or for possessing with the intent to manufacture, distribute, or deliver if the amount of marijuana involved is no more than 28 grams or the number of plants involved is no more than two; and 3) the penalty for distributing or delivering marijuana if the amount of marijuana involved is no more than 28 grams or the number of plants involved is no more than two.
SB 577 retains the current law penalty for distributing or delivering any amount of marijuana to a minor who is no more than 17 years of age by a person who is at least three years older than the minor. The bill limits local governments to enacting ordinances prohibiting only the possession of more than 28 grams of marijuana.
The bill also prohibits establishing probable cause that a person is violating the prohibition against possessing more than 28 grams of marijuana by an odor of marijuana or by the possession of not more than 28 grams of marijuana. Current law requires that, when determining the weight of controlled substances, the weight includes the weight of the controlled substance together with any compound, mixture, or other substance mixed or combined with the controlled substance. Under the bill, when determining the amount of tetrahydrocannabinols, only the weight of the marijuana may be considered.
Finally, the bill creates a process for expunging or dismissing convictions involving less than 28 grams of marijuana that occurred before this bill takes effect.
It would be great if we approached our county and city elected officials about duplicating this state decriminalization measure at your local level!