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Old 04-09-2010, 04:31 PM
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Default Wisconsin's 1982 Medical Marijuana Law - Therapeutic Cannabis Research Act

In the late 1970's, Wisconsin and numerous other states took up the issue of medicinal cannabis. In 1979, two bills were introduced, AB 107 and AB 279. Both bills authorized the establishment of therapeutic research programs to provide cannabis to patients. Both bills had hearings and made it to committee.

On July 31, 1979, a hearing was held on AB 279 at the State Capitol, and the late Robert Randall, a fellow glaucoma patient and the first legal federal medical cannabis patient testified in support of the bill. I was in attendance that day but did not testify. My then-State Assembly Representative Steve Leopold, testified on my behalf. The bills did not pass that session, but the Legislature took it up again the next session.

Wisconsin then passed a bipartisan medicinal cannabis law in 1981, L.B. 697. LB 697 cleared the State Assembly on Feb. 23, 1982 by a 77-19 margin. On March 23, 1982 it passed the State Senate by a nearly unanimous 32-1 vote.

Then-Gov. Lee Sherman Dreyfus, a conservative Republican one-time medical cannabis opponent who became a supporter signed the bill into law on April 15, 1982, and it took effect upon publication by the Secretary of State’s office 28 years ago on April 20, 1982.

Here is the section regarding medical marijuana from current state statutes:

961.34 Controlled substances therapeutic research. Upon the request of any practitioner, the controlled substances board shall aid the practitioner in applying for and processing an investigational drug permit for marijuana under 21 USC 355 (i). If the federal food and drug administration issues an investigational drug permit, the controlled substances board shall approve which pharmacies can distribute the marijuana to patients upon written prescription. Only pharmacies located within hospitals are eligible to receive the marijuana for distribution. The controlled substances board shall also approve which practitioners can write prescriptions for the marijuana.

961.34 - ANNOT. History: 1981 c. 193; 1983 a. 189 s. 329 (18); 1985 a. 146 s. 8; 1995 a. 448 ss. 16 to 19; Stats. 1995 s. 961.34.

Unfortunately for patients, the TCRA was written with the expectation the federal government would supply the medical cannabis as they hold a monopoly on legal supplies. Years later, Gov. Dreyfus later voiced support for medical cannabis as a Waukesha Daily Freeman columnist. His connection to the state's medical cannabis law was noted in news articles after his passed away.

At the Dec. 15, 2009 combined Assembly/Senate Combined Health Committee Hearings, which last over 8 hours, Committee on Public Health Chair Representative Chuck Benedictasked me about the 1982 law after I noted its existence in my testimony.

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