A Wisconsin state representative plans to re-introduce a bill to legalize medical marijuana, the relevance of which depends on the decision in an ongoing Supreme Court case.
Ten states have already passed laws legalizing medicinal marijuana and the nation's high court is set to decide whether the Controlled Substances Act of 1970 applies to the use of medical marijuana. The plaintiff argues that because the drug was not sold or passed across state borders, it should not be under the jurisdiction of the federal government.
Wisconsin state Rep. Gregg Underheim, R-Oshkosh, said he plans to introduce the medical marijuana legalization bill during the next legislative session. The effectiveness of the bill, if it passes, depends entirely on the decision of the Supreme Court.
Underheim proposed a similar bill last session, but it died in committee.
Should the court side with the federal government, federal law will trump state law and medical marijuana will be illegal, said UW-Madison Law School Professor Ann Althouse.
Althouse added that in her opinion and in that of the coverage she has read of the case, the court seems likely to side with the government.
\I think the Federal government is going to win based on the oral arguments,"" she said. ""I don't think they were receptive at all to the plantiffs.""
Underheim sees his bill as an attempt to bring ""rational medicine"" into the mainstream. He cited studies showing marijuana helping in cases of nausea, pain relief and other medical issues.
""There's a serious body of research that validates [medicinal marijuana's] use,"" he said.
Although the possible medical benefits of medical marijuana are known, Underheim said, there are other issues that cloud the discussion.
""There's certainly a concern about issues other than health care,"" he said. ""There's a concern that legalization for medical purposes could lead toward legalization for other purposes, for recreational use.""
State Rep. Eugene Hahn, R-Cambria, signed onto Underheim's previous bill. He said he supports medical marijuana as a way to lead to legalization of industrial hemp, which he said has many uses.
If the Supreme Court does rule in favor of the federal government, Underheim says he still plans to propose his bill.
Althouse noted this could serve a purpose.
""It might be worth it as a matter of expression of an opinion by the legislature,"" she said. ""But it is not going to be effective if the Supreme Court comes out the way people think it will come out.""
