Patrick Marley

Milwaukee Journal Sentinel

MADISON – Democrats pushed for legalizing medical marijuana Monday, hoping to build on momentum after the Republican speaker of the Assembly said he was open to the idea.

“We’re not criminals. We no longer want to live in the shadows of society,” said Steve Acheson, a Gulf War veteran who uses marijuana to treat post-traumatic stress disorder and back pain.

At a Capitol news conference, Acheson held up two large bags of drugs that had been prescribed to him over the years. He said marijuana did a better job of treating his symptoms than those drugs did.

Sen. Jon Erpenbach (D-Middleton) and Rep. Chris Taylor (D-Madison) offered two pieces of legislation Monday. One would legalize marijuana for medical purposes. The other — a backup measure — would set an advisory referendum on the issue so voters could have their say on whether to make it available to patients.

Twenty-eight states and Washington, D.C., allow medical marijuana, according to the National Conference of State Legislatures. Among them are three of Wisconsin’s neighbors — Minnesota, Illinois and Michigan.

Taylor noted Republican states like Arizona are among those that allow medical marijuana.

“People want medical marijuana legalized and we will not stop this fight until it is legal in the state of Wisconsin,” she said.

Last month, Assembly Speaker Robin Vos (R-Rochester) said he was willing to consider allowing medical marijuana.

"I'm not an expert on medical marijuana, but I certainly have no problem with saying, if you have a sincere medical need and your doctor prescribes it, and it's done under the normal process of any other opiate, I would be open to that," Vos told reporters.

Democrats are hoping to seize on those comments.

“I’m hoping that he means what he says,” Taylor said.

A spokeswoman for Vos did not say Monday whether Vos would want to hold a hearing or votes on the legislation.

Senate Majority Leader Scott Fitzgerald (R-Juneau) said he opposed the legislation but had not talked to his fellow Republicans about the idea.

Under the bill, patients would be able to acquire and possess marijuana if they had certain medical conditions and registered with the state Department of Health Services. They could have a maximum of 12 plants and 3 ounces of leaves or flowers.

They could be prosecuted if they drove vehicles under the influence of marijuana or used marijuana on public transit or school grounds.

The state would license dispensaries, which would have to be 500 feet or more from schools and would have to follow limits on how much marijuana it could provide to individuals.

Taylor and Erpenbach are not advocating for the legalization of recreational marijuana, as is allowed in states such as Washington and Colorado. They said they would fight opponents who contend legalizing medical marijuana would put Wisconsin on the road to full-blown legalization.

“It’s an excuse,” Erpenbach said of such arguments. “It’s cold. It’s callous. It’s calculated. It’s stupid. This will not lead to full legalization.”

On Wednesday, senators are slated to take up Senate Bill 10, which would make it easier for parents to acquire an oil derived from marijuana that can be used to treat children with seizure disorders.

A similar measure got through the Assembly lastyear but stalled in the Senate. This year, its chances look much better.

Patrick Marley can be reached at patrick.marley@jrn.com and twitter.com/patrickdmarley.