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On Behalf of | Mar 25, 2015 | Firm News

The time has come to remove marijuana from Wisconsin’s Schedule 1 of the Wisconsin Controlled Substances Act.  The Wisconsin Controlled Substances Act (Wisconsin Statutes Chapter 961, is similar to the Federal Controlled Substances Act (21 United States Code Sections 801 et seq) in that it creates lists, or “schedules” of drugs, numbered one through five.

Drugs listed in Schedule 1 are supposed to be a drug or other substance that has a high potential for abuse, has no currently accepted medical use in treatment in the United States, or lacks accepted safety for use of the drug or other substance under medical supervision.  Examples of Schedule 1 drugs include the opiates, such as heroin, morphine, etc.  A “Schedule 2” drug is meant to include drugs with a high potential for abuse, a currently accepted medical use in treatment in the United States or a currently accepted medical use with severe restrictions, and, abuse of the drug or other substance may lead to severe psychological or physical dependence.  Examples of Schedule 2 drugs include cocaine, methamphetamine, and pentobarbital.

Where has the government seen fit to categorize marijuana within this scheme?  Currently, they still list marijuana as a “Schedule 1” category drug, right in there with heroin.  Apparently the government views marijuana as more dangerous than methamphetamine, which is only a Schedule 2 drug.

Wisconsin as of April 18, 2014 has a very limited medical cannabis bill was passed and signed by Wisconsin Gov. Scott Walker. The new law exempts a very limited class of individuals from criminal penalties for the use and possession of cannabidiol “in a form without a psychoactive effect.”  The law allows individuals with seizure disorders to possess non-psychoactive cannabidiol if they have their physician’s written approval. However, it doesn’t give patients a realistic way to obtain their medicine in Wisconsin. With all these limitations, this law may be unworkable even for the limited population it’s meant to help.  While this is an improvement to current law, it leaves the vast majority of medical marijuana patients without legal protections for using and possessing the medicine their doctor thinks is best for them.

Federally, new bipartisan legislation, S.683 – Compassionate Access, Research Expansion, and Respect States Act of 2015,, has been proposed to move marijuana from Schedule 1 to Schedule 2.  Wisconsin should do the same.  Find out who your Wisconsin legislator is here,, and contact them AND TELL THEM TO MAKE THE CHANGE.

In order to continue respect for the law, a law should be based on reality and truth, not misguided perceptions and belief.  It is time to amend Wisconsin law to remove marijuana from Schedule 1, either into Schedule 2 or complete descheduling (remove from all Wisconsin Controlled Substances Act schedules) and regulate it as a way of generating money for Wisconsin.