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Wisconsin Marijuana Laws

Created byВ FindLaw’s team of legal writers and editors | Last updated October 27, 2020

It seems like every day we hear about another state changing their laws on marijuana. From medical marijuana in some states to legalization and decriminalization in others, it can sometimes seem impossible to keep track of which laws apply where. The same is true for the Badger State, with Wisconsin passing its first medical marijuana bill in 2014. So where does the state stand on pot now? Here’s a quick summary of the of Wisconsin marijuana laws.

Marijuana Under Wisconsin Law

Marijuana possession and sale (and sometimes home cultivation) is legal in a growing number of states, first in Colorado and Washington. In some states, like Wisconsin, it is becoming permissible to allow the medicinal use of cannabis. While state law technically permits the use of medicinal marijuana in Wisconsin, the statute is very limited. Only use of cannabidiol in a form without a psychoactive effect is allowed, and only to treat a seizure disorder.

Wisconsin Marijuana Statutes

The main provisions of Wisconsin marijuana laws are highlighted in the following chart.

Misdemeanor, up to 6 mos. and/or fine up to $1000; Subsequent offense: class I felony

However, many cities including Appleton, Eau Claire, Green Bay, Kenosha, La Crosse, Marshfield, Milwaukee, Racine, Waukesa, and Wausau have passed ordinances making minor marijuana possession a civil violation that carries a smaller fine instead of the criminal offense stated above.

4 plants or 200 g. or less: class I felony; 200 g.-1 kg. or 4-20 plants: class H felony; 1-2.5 kg. or 20-50 plants: class G felony; 2.5-10 kg.: class F felony; over 10 kg.: class E felony; Subsequent offense or sale to minor: double penalties; Sale within 1000 ft. of school of less than 25 g. or 5 plants: mandatory 1 yr. without probation; exception for pharmacy or physician dispensing “cannabidiol in a form without a psychoactive effect as treatment for a seizure disorder”

Despite some state marijuana laws permitting the use and sale of marijuana, federal law still criminalizes the possession and sale of marijuana by way of the Controlled Substance Act. (And in cases where state and federal law conflict, federal law always wins out.) However, most federal law enforcement agencies have not intruded on states’ handling of the majority of marijuana cases. Even so, the federal government still has the power to penalize everything from simple pot possession to the manufacturing and cultivation as well as trafficking and distribution of marijuana.

Wisconsin Marijuana Laws: Related Resources

You’ve read this article, but maybe you want to continue your research. Not to worry. FindLaw has done some of the legwork for you. Click on the links below to learn more about marijuana laws.

Charged With a Drug Crime? A Defense Attorney Can Help

State marijuana laws are constantly changing, particularly in the area of marijuana legalization. If you would like to know your rights or responsibilities under Wisconsin’s drug laws, or if you need help with an existing drug case, you should contact a Wisconsin drug crime attorney in your area.В

Chart providing details of Wisconsin Marijuana Laws

Wisconsin Marijuana Laws

Updated September 2019

Wisconsin has some of the harshest penalties related to marijuana possession, sale, and cultivation. All levels of cultivation and sale are considered felonies, as are repeat possession offenses, with incarceration terms increasing based on quantity grown or sold. Wisconsin did pass a restrictive medical cannabis law in 2014. Learn more about Wisconsin marijuana laws below.

Recreational Marijuana in Wisconsin

Is marijuana legal in Wisconsin? No. The first offense of possession of any amount of marijuana in Wisconsin is a misdemeanor, punishable by six months in prison and a maximum fine of $1,000. Subsequent possession offenses, however, are felonies punishable by 3.5 years incarceration and a maximum fine of $10,000.

Nine of the state’s 10 largest cities have imposed ordinances decriminalizing minor marijuana possession offenses. In these cities – Appleton, Eau Claire, Green Bay, Kenosha, La Crosse, Marshfield, Milwaukee, Racine, Waukesa, and Wausau – simple possession is a civil ordinance that calls for a fine rather than a criminal offense.

Medical Marijuana in Wisconsin

There is currently no policy regarding medical marijuana in Wisconsin. The Legislature did pass Assembly Bill 726 (Lydia’s Law) in 2014 to legalize cannabis oil containing low levels of THC for children diagnosed with intractable epilepsy and then passed Senate Bill 10 in 2017 to expand the law to include any “medical condition.”

The laws are only symbolic, however, as there’s no legal way for patients to obtain the cannabis oil. The law requires that patients first obtain a prescription for the cannabis oil from a doctor, but physicians are not allowed to do so because the FDA has not approved cannabis. Additionally, the state hasn’t legalized growing cannabis and Federal law prevents transporting cannabis across state lines.

In 2016, Rep. Melissa Sargent introduced legislation that would have created a medical marijuana program for seriously ill patients, but it failed to pass through the committee process.

Consumption of CBD Hemp Oil in Wisconsin

Hemp-derived CBD products are legal under Federal Law in the United States; however, individual state laws are dynamic and fluid. Individual states may enact their own laws governing hemp-derived CBD.

Cultivation of Cannabis in Wisconsin

The cultivation of any amount of marijuana for personal or medicinal use in Wisconsin is a felony.

Licensed farmers can legally grow hemp under a state-sponsored pilot program. In 2017, Wisconsin lawmakers approved Senate Bill 119 to establish the pilot program, which aims to study the growth and marketability of hemp.

Legal Status of Other U.S. States

Stay up to date on the latest state legislation, referendums, and public opinion polls. Our Marijuana Legalization Map allows you to browse the current status of medical and recreational marijuana laws in other U.S. states and territories.

Sources

  • http://norml.org/laws/item/wisconsin-penalties-2?category_id=901
  • http://medicalmarijuana.procon.org/view.resource.php?resourceID=000881

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With more states legalizing the use of marijuana it can be hard to stay up to date on Wisconsin marijuana laws. Click to learn more about marijuana laws in WI!