Fact Checked by Doctor NameIntroduction of Wisconsin Marijuana Laws
Table of Contents
Wisconsin has among the harshest marijuana laws. All cannabis remains still illegal in the state despite shifting national legislation.
Wisconsin borders medical and recreational marijuana states. Wisconsin’s outdated laws are reluctant to change.
This page covers the history of cannabis prohibition in Wisconsin, contemporary marijuana regulations, and legislative and popular discussions on legalization.
It covers possession and sales penalties, CBD-only medicinal legislation, social equality, and potential amendments.
Wisconsin politicians have been sluggish to legalize despite growing public support. In recent surveys, over 50% of Wisconsin people favor recreational legalization, and over 80% approve of medicinal marijuana.
Year after year, the Republican-controlled legislature has prevented change. Public opinion and policy change remain far apart.
Geography presents particular issues in Wisconsin. Daily, cannabis goods cross state boundaries into the underground market from states that have legalized marijuana.
Legalization proponents say prohibition failed, and regional dynamics need adjustments. Others warn of public health risks and advise caution.
Historical Context of Wisconsin Cannabis Laws
Wisconsin has banned cannabis since the early 1900s. Under the Uniform Narcotic Drug Act, the state prohibited marijuana in 1927, one of the earliest in the nation. Marijuana was stigmatized yet uncontrolled before this statute.
Marijuana possession or selling became a misdemeanor in 1927. Many states followed Wisconsin’s cannabis ban during the following decade.
The 1937 federal Marihuana Tax Act increased marijuana regulations nationally.
Wisconsin made marijuana possession a crime in 1951, punishable by 2-10 years in state prison and a $2,000 fine. Manufacturing, distribution, and trafficking become felonies with comparable punishments.
Over two decades before the federal authorities, the state began its cannabis battle.
Reformed in the 1960s and 70s, sentences differentiated between small possession and severe trafficking.
First-time possession of minor quantities became a misdemeanor, while substantial sales and trafficking remained crimes with jail time. Even little possession might result in a year in prison.
Despite early recreational marijuana bans, Wisconsin did not outlaw medicinal cannabis. Medical marijuana was originally advocated for in the 1980s amid the AIDS crisis.
A 1989 medical access bill failed to pass the Republican-controlled legislature after a public hearing. Bills like this have been defeated since.
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Current Legal Status: Is Marijuana Legal in Wisconsin?
Medical marijuana in Wisconsin
Qualifying Medical Conditions and Patient Registration in Wisconsin
To qualify, people must get a signed diagnosis from a qualified doctor that they have one of the allowed diseases, such as: For Patients Medical Conditions Include:
- Amyotrophic Lateral Sclerosis (ALS)
- Autoimmune disease
- Epilepsy or other seizures
- Parkinson’s disease
- Muscular dystrophy
- Multiple sclerosis
- Cachexia (weakness and wasting due to chronic illness)
- Post-traumatic stress disorder (PTSD)
- HIV+
- AIDS
- Chronic or debilitating pain
- Glaucoma
- Alzheimer’s Disease
Obtaining a Medical Marijuana Card in Wisconsin
- There is no official medical marijuana card program in Wisconsin currently.
- Patients do not need to register or receive any special approval to access CBD oil under the 2014 law.
- A doctor’s written recommendation is legally sufficient, but it provides no practical access within the state. Patients still must illegally transport CBD oil from other states.
Accessing Medical Marijuana Dispensaries in Wisconsin
- There are no licensed medical dispensaries in Wisconsin. The limited CBD law did not create any legal supply channels.
- Dispensaries would need to be licensed and regulated under any future medical marijuana legislation. This could happen through a state agency or private entities.
- Advocates want to ensure affordable patient access and prevent market domination by a small group of licensed businesses.
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Recreational Marijuana in Wisconsin
Recreational marijuana remains entirely prohibited under Wisconsin law. Possession of any usable amount is a misdemeanor punishable by up to 6 months in jail and a $1,000 fine.
Subsequent offenses can carry higher penalties. Sale or distribution is classified as a felony with harsh prison sentences and fines up to $10,000.
Trafficking over 200 grams is considered a serious felony with mandatory prison time. Manufacturing THC products and growing cannabis plants also remain felonies in Wisconsin.
Penalties increase if sales occur near schools, parks, and public housing or involve distribution to minors.
Legislative efforts to even decriminalize minor possession have failed to gain traction with Republican lawmakers.
However, prosecutors in some major cities like Madison and Milwaukee have deprioritized pursuing charges for small amounts of marijuana.
Hemp and CBD in Wisconsin
Following the 2018 Federal Farm Bill, hemp-derived CBD products with less than 0.3% THC became legal at the federal level.
As a result, CBD is lawful in Wisconsin as long as it meets federal standards. However, state prosecutors argue that CBD remains illegal to sell within Wisconsin under the limited 2014 medical law.
Most CBD products sold in Wisconsin come from out of state due to the ambiguous legal status. There are also strict regulations on labeling and claims that can be made.
The legality of CBD remains contested between lawmakers, law enforcement, and hemp advocates.
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Other State Guide to Marijuana Legalization
Cannabis Cultivation and Home Growing in Wisconsin?
Home cultivation of any amount of marijuana remains a serious felony in Wisconsin, punishable by 3.5 years imprisonment and a $10,000 fine.
Harsher penalties apply for larger grow operations. Manufacturing cannabis concentrate products also carries stiff prison sentences and fines.
The fact that Wisconsin prohibits growing a single personal-use cannabis plant sets it apart from most states with medical or recreational laws.
Home grow provisions have become a standard component of legalization programs. Home cultivation for medical use is permitted in nearby Michigan and will also be allowed in Minnesota under its new recreational law.
Wisconsin also mandates felony charges for possession of marijuana seeds or unplanted clippings. This further restricts access and research into cannabis genetics.
Advocates argue that home-grown rights should be part of any legalization bill in Wisconsin.
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Weed Sales and Distribution in Wisconsin?
There are currently no legal recreational or medical marijuana sales in Wisconsin. Dispensing any amount of weed remains a felony offense with mandatory prison time under state law.
Trafficking sentences are based on the weight of the material, with higher penalties for distribution to minors or sales near prohibited areas.
On the illegal market, marijuana sales remain widespread throughout Wisconsin.
Prices average around $10 per gram for low-quality material and up to $15-20 per gram for higher potency strains, according to crowd-sourced data. Illegal sales and usage continue despite aggressive enforcement efforts.
If Wisconsin legalizes cannabis, it will need to establish regulations for licensing cultivators, manufacturers, testing facilities, and retail outlets.
Questions remain around how many licenses would be granted, criteria for approval, taxation policies, and social equity provisions to remedy past criminalization.
Every state with legal marijuana has had to resolve these issues.
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Marijuana Public Consumption and DUI Laws in Wisconsin?
It remains illegal to consume marijuana in any public place in Wisconsin. Violations are civil fines up to $500-1000 without jail time.
Landlords can also prohibit tenants from consuming cannabis in rental properties. Usage in public parks and other government buildings can result in additional penalties.
Wisconsin’s marijuana DUI laws are among the harshest. Any level of THC in the blood may result in a DUI, even if the motorist seems sober.
First offenses result in $400 fines and license suspensions. Additional DUIs result in criminal prosecution, prison time, and long license revocations.
Advocates argue that Wisconsin’s per se THC limit lacks scientific justification and results in wrongful convictions of unimpaired drivers.
DUI laws would need to be reformed as part of any legalization measure to balance road safety and civil liberties. Testing for active impairment rather than remnants of past use has been proposed.
Marijuana Social Equity and Cannabis in Wisconsin
Civil rights issues in Wisconsin include marijuana enforcement and racial inequities.
Black people are 4.3 times more likely than whites to be arrested for cannabis possession despite identical consumption rates, according to 2020 ACLU research. Some counties have a Black arrest rate 10 times greater than white.
Advocates believe cannabis legalization might address these longstanding racial inequalities. Previous legalization plans failed to prioritize social equality.
Some steps strive to delete old records, but legal diversity strategies are lacking. Support for any reform initiative depends on resolving equitable issues.
Weed Recent Legislative Changes in Wisconsin
While public opinion on cannabis legalization has shifted rapidly, Wisconsin laws have remained unchanged for decades.
The Republican-controlled State Legislature resists marijuana liberalization. There are some tentative signals of improvement.
In 2019, Democratic Governor Tony Evers proposed full marijuana legalization as part of his state budget proposal.
While GOP leaders quickly rejected the measure, it marked the first time a Wisconsin governor officially backed ending prohibition. Evers has said he would sign legalization if a bill reaches his desk.
Bipartisan politicians tabled a measure to legalize medicinal marijuana and decriminalize small quantities in 2022.
It received Republican co-sponsors but no committee hearing or vote. Democrats aim to reintroduce their measures in 2023 if they win a parliamentary majority.
Frequently Asked Questions
Q: Can I use medical marijuana in Wisconsin?
A: No, there is currently no legal way to access medical marijuana even with a doctor’s recommendation.
The only exception is CBD oil containing under 0.3% THC, but selling CBD remains prohibited. Patients are forced to obtain it out of state in violation of federal laws.
Until dispensaries open under a full medical law, medical marijuana cannot be legally accessed in Wisconsin.
Q: What are marijuana possession penalties?
A: Wisconsin criminalizes cannabis possession of any quantity. A first offense may result in 6 months in prison and $1,000 in penalties.
Repeated offenses carry harsher sanctions. Felonies may result from possession exceeding 200 grams. Possession on school grounds, public housing, or when armed carries harsher penalties.
Q: How can I establish a Wisconsin cannabis business?
A: Wisconsin does not allow recreational or medicinal marijuana businesses. All cultivation, processing, distribution, and sales are illegal under state law, with felony penalties.
Cannabis companies cannot function in the state unless cannabis is legalized and regulated.
Q: Are there any cannabis legalization bills?
A: Dems aim to reintroduce proposals in 2023 to legalize recreational marijuana, decriminalize possession, enable medicinal marijuana, and erase cannabis offenses.
All prior reforms failed in the Republican-led State Legislature. Progress hinges on the 2022 midterm elections and power transitions.
Wisconsin voters may modify marijuana legislation by contacting their politicians.
Conclusion
In conclusion, Wisconsin marijuana regulations are antiquated and out of line with public sentiment and regional policy.
Criminalization has shaped generations due to the state’s extended ban. Advocates keep pressuring lawmakers for progressive measures, notably medical access.
The political transformation has been tough. Future sessions are unlikely to see considerable revisions due to the Republican dominance of the legislature.
The governor cannot unilaterally amend marijuana laws. Wisconsinites who want cannabis policies to reflect voters will keep speaking up.
CBD legalization and deprioritized enforcement indicate a shift. Wisconsin falls well behind other states in modernizing marijuana regulations.
Most cannabis activities will remain illegal and punishable by law until legislation is passed. As legal marijuana grows in Wisconsin, the argument will likely deepen.
