Is weed legal in Wisconsin?
No. Cannabis is illegal in Wisconsin. Hemp-derived CBD that meets the federal standard of having no more than 0.3% THC, however, is legal.
Possession of any amount of cannabis is punishable by up to six months incarceration and a fine of up to $1,000 for a first offense, though probation may be granted.
Legislative history
After a few decades of producing hemp, Wisconsin outlawed marijuana and hemp in 1939. However, a farm in the state continued growing the plant and producing hemp rope for the Navy. It was the last legal producer in the US before closing in 1958.
CBD oil was legalized for medical use in Wisconsin in 2014. The legislation, known as Lydia's Law but formally called the Wisconsin Act 267, legalized CBD oil but with very strict medical regulations. It was permitted primarily for those with seizure conditions.
In 2017, CBD oil was legalized in Wisconsin when SB 10 was signed into law by Gov. Scott Walker. The bill legalized possession of CBD oil in the state with a doctor's recommendation.
Wisconsin's SB 10 had the foresight to require the state government to follow federal law if and when CBD oil was rescheduled at the national level. In March 2017, the Wisconsin Assembly passed Assembly Bill 49, which is the partner bill of SB 10, loosening restrictions surrounding CBD.
The state followed up with Senate Bill 188, which clarified and aligned Wisconsin's laws with the 2018 Farm Bill, from a hemp production standpoint, defining the terms and THC percentage as lower than 0.3%. CBD products became legal in the state.
FAQ
When will Wisconsin vote to legalize weed?
We're not psychics, but we do know that Wisconsins can't petition to get an medical marijuana initiative added to the ballot. Any path to legalize marijuana would have to go through the state legislature.
Are dabs a felony in Wisconsin?
We're also not attorneys and advise consulting one for specific cases. That said, Wisconsin law is clear and strict when it comes to cannabis. Possession of any amount of any form of cannabis or THC is prohibited, except hemp-derived CBD with less than 0.3% THC.
Does Wisconsin have dispensaries?
No. All forms of cannabis are illegal, except hemp-derived CBD with less than 0.3% THC.
Which Wisconsin Supreme Court candidate favors the legalization of marijuana?
The next time a Wisconsin Supreme Court justice is up for re-election is 2023 when Chief Justice Patience Roggensack's term expires. It's unclear at this time who her opponents will be but Roggensack is considered a conservative, which may influence her stance on marijuana legalization. In the past, she has been endorsed by the Wisconsin Family Council, a conservative Christian group, and by the Wisconsin Professional Police Association.
This page was last updated December 17, 2020.