“As police our job is to make sure we have all the information before we make enforcement decisions,” he said. “It is still illegal to possess or use marijuana in Wisconsin.”

He added Wisconsin doctors cannot prescribe marijuana for medical uses.

“The Catch-22 is that THC is not identified as a therapeutic medicine in Wisconsin and so it cannot be prescribed,” he said.

Despite the legal disagreement, the Kinseys said they appreciated the way Baraboo Police handled the matter.

“I thought it was awesome they listened to us,” Karen Kinsey said. “I don’t know if the Oregon card or if a letter from your Wisconsin doctor is any better than the other. I felt more like an activist than a criminal.”

Det. Drexler declined to comment, citing the open investigation, but said the encounter was “very friendly.” Sgt. Lee is on vacation and could not be reached for comment.

“We had all agreed there was no urgency to the matter,” Greg Kinsey said. “I expect a letter saying they have decided to file no charges, return my tiny bit of weed, and smile as I graciously shake their hand in front of media, getting my medicine back. If charges are filed, they will be fought. Even for an ordinance violation.”