Wisconsin Marijuana Laws
Is cannabis legal in Wisconsin? And what do Wisconsin marijuana laws say about marijuana possession or usage of CBD products? In this guide, we’ll cover all you need to know about Wisconsin marijuana laws, including the latest updates and history of cannabis legalization in Wisconsin.
Is Marijuana Legal in Wisconsin?
So, is marijuana legal in Wisconsin? Well, at the time of writing, Wisconsin marijuana laws clearly state that cannabis is illegal for recreational use in this state. Medical use is allowed, but only in a very limited form, with some patients being eligible to buy and consume low-THC cannabis oil, or CBD oil, to aid with their health conditions and symptoms.
To qualify for medical marijuana in Wisconsin, patients must first be evaluated by a licensed medical marijuana doctor and be diagnosed with a qualifying medical condition.
Is Medical Marijuana Legal?
At the moment, Wisconsin medical marijuana laws prohibit the general usage of marijuana for medical purposes. This makes Wisconsin one of only a small group of states to not provide access to medical marijuana for its citizens.
Is Recreational Marijuana Legal?
No, the recreational use of cannabis is illegal in the state of Wisconsin. Anyone caught using marijuana recreationally can be charged with a misdemeanor or felony, depending on the quantity of cannabis involved and the nature of the situation.
The History of Marijuana Laws in Wisconsin
Like other states around the US, Wisconsin outlawed cannabis during the time of prohibition. From 1939 onward, it was entirely illegal to grow, cultivate, mix, prepare, possess, use, sell, or dispense both marijuana and hemp. However, in more recent years, there have been some reforms and changes to Wisconsin marijuana laws.
The first big change came in 2014, with the arrival of Wisconsin Act 267. This legislation effectively allowed for the use of cannabidiol, commonly known as CBD, for the treatment of patients with seizure conditions, like epilepsy. This bill was passed with a unanimous decision in the Senate and was called Lydia’s Law to honor a young girl with a rare type of epilepsy.
However, the nature of the 2014 bill meant that it was still almost impossible for any Wisconsin resident to actually obtain and use CBD oil, as it stipulated that any CBD oil used needed to be approved by the FDA, and no such product existed at the time. In 2017, an amendment was made to Lydia’s Law to make CBD oil finally accessible to those who needed it.
Additional reforms have been proposed over the years, like a proposal to legalize cannabis for medicinal purposes by governor Tony Evers, as well as attempts from Representative Melissa Sargent to legalize cannabis entirely state-wide. These bills have not been successful.
However, it’s worth noting that certain parts of the state have made their own efforts to decriminalize marijuana. For example, in 2020, Madison Common Council approved legislation that would allow any adult to possess up to 28 grams of cannabis for use in both public or private locations. Other parts of the state have reduced the penalties for possessing small amounts of cannabis.
Wisconsin Marijuana Laws
Next, let’s take a look at how Wisconsin cannabis laws deal with the likes of cannabis possession, sale, and consumption.
Possession & Purchase
Possession of any amount of cannabis is classed as a misdemeanor for the first offense and can be punishable with up to six months in prison and a $1,000 fine. For subsequent offenses, the period of incarceration can increase to over three years, and the fine may rise to up to $10,000, as this counts as a felony. The sale of marijuana is also classed as a felony, regardless of the amount, with possible incarceration times of up to 15 years for the largest quantities. Rules can vary depending on which part of the state you’re in. Madison, for example, allows possession of up to 28g.
How Much Can I Buy and Possess?
It is illegal to buy or possess any amount of cannabis in Wisconsin. However, rules can vary from city to city and county to county.
Where Can I Obtain Cannabis?
You cannot legally obtain cannabis anywhere in Wisconsin. There are no cannabis dispensaries in this state, and the only cannabis product you can buy is CBD oil, as long as you have a prescription or referral from a physician.
Who Can Legally Purchase Cannabis in Wisconsin?
Nobody can legally purchase cannabis in the state of Wisconsin.
Home Cultivation
It is also illegal to cultivate or grow your own cannabis plants at home in the state of Wisconsin. This is a felony and can be punished with several years in jail and fines starting at $10,000.
Reciprocity
Wisconsin does not recognize medical marijuana programs of other states and has no reciprocity with other states.
Consumption
Wisconsin marijuana law completely forbids any and all consumption of marijuana, both for recreation and medical purposes.
Where Can I Safely Consume Cannabis?
You cannot consume cannabis anywhere in this state.
Qualifying Patients
Medical marijuana is not legal in Wisconsin, but CBD oil is allowed for patients with qualifying conditions, like epilepsy and other seizure disorders.
Transportation
It is illegal to transport marijuana anywhere in the state of Wisconsin.
Driving
It is illegal to drive under the influence of marijuana in Wisconsin.
Expungement
Expungement of cannabis offenses may be possible in the state of Wisconsin, but it involves filing a petition and results can vary depending on the circumstances of the case.
How to Obtain a Medical Card?
At the moment, it’s not possible to obtain a Wisconsin medical marijuana card as this state lacks any kind of medical marijuana program.
Overall, the state of Wisconsin has maintained strict rules regarding cannabis usage. However, with several Wisconsin cities making strides to decriminalize possession and large parts of the population in favor of looser restrictions, it’s possible that Wisconsin marijuana laws may ease up in the years ahead.
