Medical Marijuana Wisconsin Frequently Asked Questions

Medical Marijuana Wisconsin FAQ

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Cannabis laws can be extremely complicated. These are some of the most commonly asked questions that Wisconians have when it comes to medical marijuana, hemp, and CBD laws in Wisconsin. 

Is medical marijuanas legal in Wisconsin?

Medical marijuanas in Wisconsin is not legal. But CBD or medical marijuana that does not produce any psychoactive effects is available to patients with a letter from a physician. Wisconsin is one of 19 states that have not yet legalized medical cannabis despite the fact that every year Wisconsin legalizing weed is a huge topic of discussion. 

The possession, sale, or manufacture of marijuana is illegal under Wisconsin marijuana. If you are in possession of 200 grams or less of marijuana or THC it’s considered to be a misdemeanor and has a maximum penalty of six months in jail with a $1,000 fine for your first offense. This can be in the form of edibles, wax, oils, dabs, etc.

For your second offense, it is considered a felony and you can get up to 3.5 years in prison and pay up to a $10,000 fine.

The medical marijuanas WI bill has been defeated year after year. Each year they

However, the neighboring states Michigan, and Illinois have legalized marijuana and many Wisconsians travel to these states to purchase cannabis legally for recreational purposes. If you are close to Illinois, and you are at least 21 years old you can purchase marijuana for recreational use. 

There are some movements being made by the Wisconsin legislature that looks to be moving closer to reconsidering legalizing medical marijuana. The bill will likely exclude the use of flower cannabis, which can be smoked, vaporized, or made into edibles. Medical cannabis will only be allowed in the form of a liquid, oil, pill, tincture, or topical ointment. It will allow for qualified patients with legal access to medical cannabis possession of up to 3 ounces of marijuana and up to 12 plants.

Is CBD oil legal in Wisconsin?

Yes, CBD oil is legal. In 2014 the legislation legalized the use of CBD for the treatment of seizure disorders. It wasn’t until 2017 that it became legal for anyone to purchase and possess CBD oil. CBD oil Wisconsin laws are strict on the way that CBD is made. If derived from marijuana it is illegal. 

The Wisconsin CBD oil law has no defined possession limits on legal CBD products. Cannabidiol or CBD products include gummies, oils, creams, chocolates, and beer. 

However, Wisconsin cannabidiol law does restrict you from purchasing any CBD products that contain over 0.3% THC. These are classified as cannabis products, and possession of THC Wisconsin is considered to be illegal. All products must be derived from Hemp. 

Is Delta 8 THC legal in Wisconsin?

Yes, Delta 8 THC is legal in Wisconsin as it is derived from legal hemp and is not considered to be a controlled substance. Delta 8 THC is a cannabinoid that is found in the hemp plant. Its features have similar properties to the chemical found in marijuana. 

Hemp-derived delta-10 THC is also legal in Wisconsin. And within the State of Wisconsin as long as the product or hemp extract carries no more than 0.3% THC by dry weight it is legal. This means that marijuana-derived delta-8 remains illegal.

There has been some talk in the House of Representatives and Senate about regulating Delta THC products. But this has been speculation. 

You are able to purchase delta-8 products at a variety of licensed online and retail stores throughout Wisconsin. These will generally be CBD dispensaries, vape shops, and head shops.

And it is legal for companies or individuals to produce delta-8 and delta-8 products as long as they are derived from legal hemp within the State of Wisconsin and do not contain any more than 0.3% THC by dry weight.


What is the legal age for marijuana Wisconsin?

The approved age for marijuana in Wisconsin is 18 years and older, with a qualifying medical condition. This was approved by Madison Common Council legislation in November of 2020. This will allow individuals 18 and older to possess up to 28 grams of cannabis and consume it in public and private places.

Is it legal to grow medical marijuana in Wisconsin?

No, it is not legal to grow medical marijuana in Wisconsin. In the proposed bill you will be able to grow up to 12 plants with your medical marijuana card. 

However, it is currently considered to be a felony if you are caught growing marijuana and you can pay up to $25,000 in fines or serve 10 years in prison. 

However, you are allowed to grow hemp. The hemp and marijuana laws Wisconsin allow you to grow hemp with a permit from the DATCP.  You’ll need to apply for a hemp grower’s license. You’ll need a criminal background check and provide detailed information about your farmland. The cost of the license is determined by the size of your farmland. For 30 acres or less, it will cost $150 and for 31 to 199 acres it will cost $5 per acre. It will cost $1000 for over 200 acres. 

Can doctors prescribe marijuana in Wisconsin?

At this point in time, no doctor in the state of Wisconsin that can prescribe marijuana because there is no medical marijuana Wisconsin program. You do, however, need to have a doctor referral for clinical potency cannabidiol or CBD for the alternative program. This program allows doctors to prescribe CBD with the component found in marijuana to individuals with seizure disorders.

When the state finally does legalize medical marijuana in Wisconsin, cannabis will be required to be recommended by physicians, physician assistants, or advanced practice nurses that are registered in Wisconsin and certified to recommend cannabis. One of the steps you’ll need to follow is to schedule an appointment to see a medical marijuana doctor in WI. A licensed medical marijuana doctor will look at your medical history and medical records to approve any qualifying condition. 

At Elevate Holistics we provide HIPAA-compliant medical marijuana telehealth visits. You’re able to visit with a cannabis certified doctor from the comfort of your own home and get your medical health condition qualified for a medical card. We’ll help you make sense of the entire process when the time is right.

How to obtain medical marijuana card in Wisconsin?

Because Wisconsin currently doesn’t have a medical marijuana program in place, these are simply guidelines. However, they are based on other US states that have legalized medical marijuana. Most states have similar requirements, but this should be considered a tentative list. 

  • Patients must be at least 21 years of age or older.
  • A minor with a qualifying medical condition, under the age of 18 years old, will need to have a parent or legal guardian to obtain a medical card.
  • Must have at least one qualifying medical condition
  • Obtain an official written certification from a certified medical doctor
  • Be a Wisconsin resident with proof of residency – state issued ID, or passport.

Here are the qualifying medical marijuana conditions that will need to be approved by a certified medical doctor that is licensed to recommend medical cannabis:

Because Wisconsin currently has not yet legalized medical marijuana and there is no medical marijuana program. This list is based on our experience and the other US states that have legalized medical cannabis. 

Does Wisconsin accept out-of-state medical cards?

In order to obtain a Wisconsin medical marijuanas card, you will need to be a resident of Wisconsin. Typically, you must be a resident of the state that you live in to obtain a medical marijuana card so out-of-state medical cards are often not accepted.

Are there dispensaries in Wisconsin?

Yes, there are plenty of dispensaries in Wisconsin. However, the difference is that all of the products are derived from hemp plants rather than marijuana. You’ll find these dispensaries have a variety of products to choose from – CBD, Hemp, Delta 8, and Delta 10. You can purchase flower in a variety of strains, extracts in many flavors, edibles of all types, cartridges, and vapes. CBD coffees and beers have become increasingly more popular. 

There is no limit to what you can find. When visiting a dispensary you should discuss your different options to find the products that are best suited for your needs and will meet your expectations.

Since you do not need to have a medical card to purchase CBD products there are no age restrictions to enter a Wisconsin dispensary.

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