LEARN | LAWS & REGULATIONS

Is Weed Legal in Wisconsin?

Cannabis is illegal under Wisconsin marijuana laws except for the limited use of cannabidiol (CBD) oil for medicinal purposes. The 2018 election proved to be a big moment for cannabis’s popularity in Wisconsin. Voters in more than a dozen counties and two cities expressed their support for cannabis in several non-binding advisory questions, including whether it should be legalized for medicinal purposes and whether it should be regulated and taxed like alcohol.

In Milwaukee and Dane counties, voters favored legalizing, regulating, and taxing cannabis by more than 60%. 

Is Medical Marijuana Legal in Wisconsin?

Voters in other parts of Wisconsin tackled only medical marijuana, all of them leaning in favor of changing the law to allow its medical use. In the city of Waukesha, 77% of voters supported marijuana for medicinal purposes and its regulation as a prescription drug.

While these referenda are non-binding, they set the stage for a discussion about legalization in a state that has failed several times to pass laws allowing cannabis use for recreational or medicinal purposes. Wisconsin marijuana legalization may be on the horizon as a bill was introduced in 2019 to create a licensing system for growers. The bill also proposes to make Wisconsin medical marijuana available to patients who are registered with the state. 

The Controlled Substances Board under Wisconsin’s Department of Safety and Professional Services (DSPS) regulates who can dispense CBD oil.

Where is it safe to purchase and consume?

For patients, a Controlled Substances Board-approved pharmacy or doctor may recommend CBD oil to treat a medical condition.

The law expands a patient’s usage beyond seizure disorders, stating that individuals with a medical condition can possess and consume CBD oil. The law, however, is vague on what medical conditions qualify. Patients may obtain certification from a doctor stating that they possess CBD oil for treatment and that the CBD oil has no intoxicating effect.

Home Cultivation

N/A

Medical Marijuana Registry

N/A

Qualifying Conditions

SB 10, signed into law by Republican Gov. Scott Walker in 2017, allows patients to be treated with CBD oil for a medical condition. However, the law doesn’t specify what qualifies as a medical condition. Patients need a doctor’s certification that states why the oil is needed and permission to use it for treatment.

Patient Qualifications

Patients need a physician-issued certification to possess and use CBD oil for a medical condition.