Should Wisconsin Legalize Marijuana?

Since 2013, the Marquette Law School Poll has periodically included questions involving the legalization of marijuana for medical and recreational use. The chart below shows the breakdown of responses over time for full legalization. The green line shows the percentages of responses supporting this; the red line shows those opposed.

The cluster of three polls in 2013 and 2014 indicates that the numbers of voters supporting and opposing legalization were about equal. Since then, support has grown. In the most recent poll, from last January, there were more than twice as many supporters as opponents.

Support and opposition to marijuana legalization has always reflected partisan differences. The next graph shows support and opposition in the three polls including that question taken a decade ago — in 2013 and 2014.  More Democrats than Republicans supported legalization then. However, at the time, Democrats weren’t huge supporters of legalization. In fact, more Democrats opposed legalization than Republicans who supported it.

In the most recent poll, taken in January of this year, support for legalization grew among the three political groups of voters. However, the differences remained such that a slight plurality of Republicans opposed legalization, while support was big among independents and overwhelming for Democrats.

The next graph shows support for marijuana legalization versus age. Not surprisingly, support goes down as age goes up. Yet it has majority support among every age group but those over 70 and older.

In the United States, marijuana is legal in 24 states for recreational use, including three of Wisconsin’s four neighbors—Illinois, Michigan, and Minnesota. Iowa is the sole exception.

Another 14 states allow marijuana limited to medical use with a doctor’s prescription. As the next graph shows, allowing medical use is widely popular in Wisconsin. In the two times marijuana medical use was polled, over 80% of respondents, including 75% of Republicans, were in support of medical marijuana.

Despite support among voters for legalization of marijuana, the Legislature has been unsuccessful in coming up with a bill. This is even true for medical marijuana, where support is overwhelming, even among Republican voters. The fact that the voters’ wishes are ignored on this issue shows the impact of Republican gerrymandering, which has insulated legislators from opposition based on this issue.

An article from the Associated Press describes the Wisconsin Assembly Republicans’ plan for medical marijuana, released in January, as “highly restrictive.” It would have limited the availability of medical marijuana to “severely ill people with chronic diseases such as cancer and allow for it to be dispensed at only five state-run locations. Smokable marijuana would not be allowed.” In many cases, people with cancer and similar diseases would have to drive several hours to get medicine for their pain.

Democrats in the Legislature generally support a plan that would legalize both medical and recreational marijuana. However, legislative gerrymandering has left them with weak minority with little ability to put its stamp on legislation. With no ability to refer an issue to referendum in Wisconsin, meaningful legalization of marijuana, particularly recreational marijuana, hasn’t been possible. The newer, fairer legislative maps may change this situation after November’s elections.

There are several reasons to support legalization of recreational marijuana. One is that it could be a source of tax revenue, much like with tobacco and alcohol (the Republican proposal would have made marijuana exempt from taxes.) Another is that is would end the loss of retail sales of pot and taxes paid on purchases to border states like Illinois where Wisconsinites now buy pot. Another is that it would allow the state to regulate the quality and potency of marijuana. Finally, it strikes a blow for personal freedom in Wisconsin.