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De Facto Medical Marijuana in Wisconsin?

Drug Policy Alliance

Madison, WI Dec 16, 2004 -- A Wisconsin woman had her marijuana possession charges dropped because she had a doctor's recommendation for the drug -- even though Wisconsin has no medical marijuana law.

Cheryl Lam uses marijuana to treat chronic pain from the bite of a rare spider that left her paralyzed. She obtained a medical marijuana ID card when living in California, and was later arrested for possession when she moved to Wisconsin.

The judge in Lam's case dismissed the charges because of a Wisconsin state law that says a patient can possess a controlled substance if he or she has a doctor's prescription. Both the prosecutor and Lam's attorney say they realize this case could set precedent on medical marijuana in Wisconsin.

Currently, laws that effectively remove state-level criminal penalties for growing and/or possessing medical marijuana are in place in Alaska, California, Colorado, Hawaii, Maine, Maryland, Montana, Nevada, Oregon, Vermont and Washington.