Pubdate: Sun, 15 Sep 2013
Source: La Crosse Tribune (WI)
Copyright: 2013 The La Crosse Tribune
Contact: http://www.lacrossetribune.com/app/forms/sendletter/
Website: http://www.lacrossetribune.com/
Details: http://www.mapinc.org/media/229
Author: Allison Geyer

GONE TO POT: MEDICAL MARIJUANA BILL UNLIKELY TO PASS IN WISCONSIN, 
DESPITE GROWING PUBLIC SUPPORT

Nobody wants to be a criminal.

That's the thought that crosses John's mind each night as he gets 
ready for bed. Part of his nightly routine involves breaking the law, 
but he isn't losing any sleep over it. In fact, it's exactly the opposite.

John (not his real name) uses medical marijuana to manage the 
chronic, neuropathic pain that he's lived with for the past nine 
years. Surgery to correct a herniated disc left scar tissue that put 
pressure on a root nerve, causing unbearable pain in his leg and 
foot. During the day he could keep himself distracted enough to cope, 
but at night he would lie awake in agony - sometimes going as many as 
five nights without sleep.

"It's like stepping on a nail," he said.

His doctors at Gundersen Health System, unable to treat the source of 
his pain, tried to treat the symptoms. A long list of powerful 
opiates did little to dull the ache, and the side effects left him 
walking in a constant fog.

"My mind is what I am," he said. "When I can't think clearly, I'm crippled."

He tried acupuncture, an inversion table, homemade pressure braces 
for his foot. He's had anti-inflammatory medicine injected into the 
base of his spine. He's seen four physical therapists, including one 
in the Twin Cities whom he took 15 round trips to see, paying for his 
visits out of pocket. A spinal specialist in Madison finally told him 
he was among the 1 percent of patients who would never get relief.

As a last resort, John turned to marijuana. In his younger years, he 
"used to smoke a little pot," but now, in his 70s, he says he has no 
interest in getting high. Intrigued by the drug's potential as a pain 
reliever and out of other options, he ate a pot brownie before 
bedtime. He slept through the night.

"This stuff has worked wonderfully for me when nothing else did," he 
said. "I have friends with cancer and chronic pain - I know this 
could help them too. But if I were to offer them some, would I be a 
friend, or would I be a felon?"

Breaking the law

There are thousands of Wisconsin residents illegally using medical 
marijuana, said Gary Storck, a Madison medical marijuana activist who 
co-founded the Wisconsin and Madison chapters of the National 
Organization for the Reform of Marijuana Laws and the nonprofit IMMLY 
(Is My Medicine Legal Yet?).

"So many people have been forced into making that choice," said 
Storck, who has used marijuana to treat his glaucoma for decades. 
"People are going to do it anyway, if they're willing to break the law."

But if some Wisconsin lawmakers have their way, they won't have to. 
Previous attempts to pass a medical marijuana legalization bill in 
Wisconsin have failed, but that won't stop Democrats from trying 
again this year.

Sen. John Erpenbach of Middleton and Rep. Chris Taylor of Madison 
will introduce a legalization bill when the legislature reconvenes 
for its fall session. This is the third time Erpenbach has 
co-sponsored such a bill; Taylor is taking the place of former Rep. 
Mark Pocan, who was elected to the U.S. House of Representatives last year.

"It will be tough this time," Erpenbach said. "It was tough last time 
when Democrats were in the majority."

This year's version of the bill remains essentially unchanged from 
the 2012 version which died in committee, Erpenbach said. It would 
provide a "medical necessity" defense for marijuana-related 
prosecutions, which means that Wisconsin residents may "acquire, 
possess, cultivate, transport or utilize" marijuana if they have a 
registry identification card from the Department of Health Services, 
a valid out-of-state registry identification card or a written 
certification from a physician, according to the bill's most recent version.

The law limits the amount a cardholder can legally possess to 12 
plants and three ounces of marijuana leaves or flowers. The drug 
would be dispensed at marijuana dispensaries, known as "compassion 
centers," which would be licensed and regulated by the DHS.

"This is something the Wisconsin majority has supported for a while 
now," Erpenbach said. "The Legislature is behind the curve."

Local opinions

Support for the bill among La Crosse area elected officials is 
strong, although the region is primarily represented by Democrats. 
Rep. Chris Danou of Trempealeau has co-sponsored the two previously 
introduced legalization bills and plans to do so again this year.

"If something has the potential to work for (patients), has 
demonstrated that it can make life a little more bearable and more 
comfortable, why should we deny you that?" he said.

A former police officer, Danou said he's confident law enforcement 
can adapt to the changes if marijuana becomes legal and treat the 
drug's use the same way they treat alcohol consumption.

"It's already illegal to drive under the influence," he said.

Rep. Steve Doyle of Onalaska said he would support the legislation, 
assuming the final version of bill includes the restrictions that the 
drug is used by people with legitimate medical conditions.

"From what I've seen with the experiences in other states, it doesn't 
look like there's a lot of outright abuse," he said.

The region's lone Republican, Westby's Rep. Lee Nerison, did not 
return phone calls seeking comment, but he's sided with Democrats before.

But would it pass? Not likely, said Sen. Jennifer Shilling of La 
Crosse. Like other area Democrats, she said she would likely vote for 
the bill if it made it through committee, but noted that both the 
Senate and Assembly health committees are chaired by Republicans. 
Sen. Leah Vukmir of Waukesha is a vocal opponent to legalizing 
medical marijuana and Rep. Erik Severson of Star Prairie said he 
would not give the bill a hearing.

"I don't have a sense that the leadership in the Senate or the 
Assembly has any interest in passing the law," Shilling said.

Doyle and Danou are skeptical as well, citing the need for moderate 
or libertarian-leaning lawmakers to make the bill a priority.

"It's been hanging around for a while," Doyle said. "I don't see the 
prospects as great."

The research

Marijuana was listed in the United States Pharmacopeia from 1850 
until 1942 and was once widely prescribed for a variety of ailments 
including epilepsy, nausea and rheumatism.

But since the passage of the Controlled Substance Act in 1970, the 
federal government has classified marijuana as a Schedule I drug, 
which means it has "no currently accepted medical use" and a "high 
potential for abuse." Other Schedule I drugs include heroin, LSD, 
Ecstasy, Quaaludes and peyote.

Schedule I classification presents a significant roadblock for 
researchers, but in 2000, the Center for Medicinal Cannabis Research 
began a series of clinical human trials through the University of 
California - San Diego.

"I don't know of any comparable research effort anywhere," said J.H. 
Atkinson, CMCR's co-director. "It's certainly the most comprehensive 
piece of research on the medical aspect of cannabis in the last 40 
years, at least in the U.S."

Over the past decade, CMCR studied the effect of smoked cannabis on 
neuropathic pain, a hard-to-treat condition caused by infectious 
disease, diabetes and nerve injury from physical trauma.

"The results were pretty much congruent," Atkinson said. "Cannabis 
had a marked effect - such that about 50 percent of people got at 
least 30 percent pain relief."

Atkinson hesitates to call the results conclusive, but said CMCR's 
findings showed promise.

As more research findings emerge, medical organizations are taking 
note. Both Mayo Clinic Health System and Gundersen Health System have 
published articles on the drug's effectiveness in internal 
publications. The Wisconsin Nurses Association favors legalization.

The Wisconsin Medical Society opposes medical marijuana legislation, 
not because the drug isn't effective, but because it involves the 
approval of a new drug by a legislative act rather than the standard 
drug approval process through the FDA, said Dr. Michael Miller, vice 
speaker of the WMS.

"Medical marijuana is a political issue, not a medical issue," he 
said. "Physicians have been co-opted into taking a political act 
(when they) write a permission that allows a patient to avoid prosecution."

He noted that the active ingredient in marijuana, 
tetrahydrocannabinol (THC), is already available and legal in an oral 
drug called Marinol, which is used to treat nausea, vomiting and loss 
of appetite in AIDS patients.

"(The Wisconsin Medical Society) strongly supports more research on 
smoked marijuana," Miller said. "We just don't have information yet."

Miller also cautioned that marijuana has its risks. Studies have 
shown that the drug can precipitate schizophrenia among individuals 
with a genetic predisposition for the condition, and about 9 percent 
of people who use the drug could become addicted, according to the 
National Institute for Drug Abuse. Smoking, which is the most common 
way to administer the drug, carries risk as well.

"The general assumption that it's broadly safe is not supported by 
the evidence," he said.

More public support

Pew Center data shows that public support for marijuana legalization 
has risen steadily over the past several decades, and for the first 
time this year, the majority favors legalization.

As of Aug. 1, 20 states plus Washington, D.C., have some form of 
legalized marijuana. The states with the most lenient marijuana laws 
are Colorado and Washington, where the drug is legal for medicinal 
and recreational use. Other states place strict limitations on how 
much a patient can legally possess and many laws prevent people from 
growing their own.

There are four states with pending legislation that would legalize 
medical marijuana. Minnesota, New York, Pennsylvania and Ohio all had 
bills introduced this year that were not voted on this legislative 
session, but they all carry over for consideration in 2014.

Thirteen other states had legislation introduced this year that would 
have legalized or decriminalized medical marijuana. Those proposals 
died at the committee level or when the legislative session ended.

While it seems unlikely that Wisconsin will follow suit, Erpenbach 
and Taylor say it's only a matter of time, and they'll continue to 
introduce a medical marijuana legalization bill until it passes.

"This is something the Wisconsin majority has supported for a while 
now," Erpenbach said. "The Legislature is behind the curve."
- ---
MAP posted-by: Jay Bergstrom