While some Republican legislators won’t support cannabis legalization in Wisconsin, bills to further criminalize cannabis continue to be introduced. On Thursday, the GOP-majority Assembly Committee on Substance Abuse and Prevention held a hearing on a bill (AB-440) that would enhance felony penalties associated with butane hash oil and related products. Hash oil is a form of cannabis THC concentrate which can be vaporized or consumed in the form of edibles. These sorts of extracts have also been given the term “dabbing,” after a particular way of vaporizing the product.
Rep. Jesse James (R- Altoona) testified on the bill’s focus on butane extracts but the measure also covers the manufacturing of cannabis more generally. Under current law, the bill states, cannabis manufacturing, distribution, delivery and possession charges can result in felony charges that range in severity, depending on the amount of cannabis involved. “Under this bill,” the proposed legislation states, “the penalty increases to a Class E felony, regardless of the amount marijuana involved, if the person uses butane extraction in the manufacturing of the marijuana and in separating the plant resin from a marijuana plant.” Additionally, the bill also raises penalties for people with past cannabis-related charges when they face new charges for THC extracts or resin.
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James said that the specific enhanced felony charges were requested by the West Central Drug Task Force. The task force consists of six counties including the sheriff’s offices of Clark, Chippewa, Eau Claire, Dunn, Buffalo, and Pepin, as well as the municipalities of Chippewa Falls, Fall Creek, Eau Claire, Altoona, Menominee, and Durand. The Wisconsin State Patrol, Department of Criminal Investigations, and University of Wisconsin campuses in Stout and Eau Claire are also members of the task force. The task force is staffed by 12 full-time and three part-time investigators, with the Eau Claire County Sheriff’s Office serving as project director since the task force began in 1988.
James called the proposed legislation “eerily similar to the fentanyl bill that’s been introduced as well.” He asserted that the high THC potency of extracts make them more significant intoxicants, with THC in the 80-90% range or higher. James emphasized throughout his testimony that certain methods of manufacturing extracts using butane can cause a risk of a chemical reaction and explosion. In particular, James pointed to “the open-loop system,” which he described as a cheap but risky way of making hash. “Growing marijuana in your home is not going to cause an explosion,” said James. “It could cause a fire if you don’t properly take care of your lamps and everything like that. But this process in and of itself, it’s almost similar to a meth lab.” James also pointed to the dangers of counterfeit, contaminated THC vaping cartridges.
Rep. Kristina Shelton (D- Green Bay) questioned…
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