Wisconsin Medical Marijuana Card

Is Marijuana Legal in Wisconsin?

Unfortunately, no, Wisconsin medical marijuana is not legal in the Badger State — neither is recreational. This is despite 83% of state residents supporting medical marijuana legalization, according to a Marquette University Law School poll.

In 2018, state referendums conducted in sixteen counties and two cities showed significant support for medical and recreational marijuana legalization.

Wisconsin Medical Marijuana: The Rundown

Wisconsin’s neighbors have all legalized medical marijuana: Michigan and Illinois have legalized recreational marijuana, while Minnesota and Iowa have medical marijuana programs. However, Wisconsin is yet to follow suit. Why? Let’s briefly talk about that.

Congressional Opposition to Legalization

One significant obstacle to medical marijuana in Wisconsin is that Republicans lead the state Senate and Assembly. More so, they are against marijuana legalization in any form. A legalization bill would have to pass through them.

Senate Majority Leader Devin has openly voiced opposition against the legalization of medical marijuana. He says state legalization should come only after FDA approval. 

Devin stated: “If the federal government delists it and it goes through FDA testing, then it should be treated like any other drug. If there are advantages to it, if it helps out people, I have no problem with it as long as a doctor’s prescribing it.

LeMahieu believes that the discussion about medical marijuana should be at the federal level, and he emphasized that medical marijuana legalization has not been able to garner enough support among lawmakers.

Legalization Efforts

Thankfully, not all WI Republican Lawmakers oppose Wisconsin medical marijuana legalization. Assembly Speaker Robin Vos had expressed support for medical marijuana. He said patients with a “sincere medical need” should have access to the drug.

During the 2015-2016 legislative session, Democratic Senator Jon Erpenbach and Republican senator Chris Taylor co-sponsored Senate Bill 789, known as the Compassionate Cannabis Care Act. The bill didn’t make it out of committee, and they tried again in 2017 and 2019. Still, they were not successful.

A Republican, Senator Mary Felzkowski, also leads the most recent legalization push. In what could represent a good sign, her bill to legalize medical marijuana got a public hearing, the first time a medical marijuana bill has advanced this far in Wisconsin since 2009. 

The public hearing took place late in the legislative session after the Legislature had adjourned for the year. However, Senator Felzkowski said the public hearing will set up the bill to be reintroduced when the Legislature reconvenes in 2023.

She said: “I do believe that through education and information — if we can get this bill right and work together, next session we can bring it back and potentially pass it.”

Governor Supports Wisconsin Medical Marijuana Legalization

In 2019, Governor Tony Evers announced support for Wisconsin medical marijuana and decriminalizing possession of small amounts as part of his budget proposals. 

He said: “As a cancer survivor, I know the side effects of a major illness can make everyday tasks a challenge. People shouldn’t be treated as criminals for accessing a desperately-needed medication that can alleviate their suffering.”

In his words, “Wisconsinites overwhelmingly agree that this is a critically important issue. But it’s not just about access to health care; it’s about connecting the dots between racial disparities and economic inequity.”

Is CBD legal in Wisconsin?

Given how complicated cannabis laws are, it’s natural to ask, is CBD oil legal in Wisconsin? CBD has been legal in Wisconsin since April 2014, when Congress passed  Wisconsin Act 267. The law was nicknamed ‘Lydia’s Law’ after a little girl who suffered severe epilepsy.

Her parents advocated for CBD legalization because they believed their daughter could benefit from CBD treatment. Fortunately, Congress passed Lydia’s law, but with strict medical conditions. It permitted the use of CBD for only seizure patients.

However, Lydia’s law was mainly symbolic because it stated that only CBD oil approved by the FDA was allowed, and at the time, the FDA had not approved any drug that contained CBD. As a result, doctors in Wisconsin could not prescribe CBD.

Things improved in February 2017 when Wisconsin lawmakers amended Lydia’s Law via Senate Bill 10, and Governor Scott Walker signed it into law. The amendment allowed patients to use CBD with a doctor’s recommendation.

On the heels of the amendment, Assembly Bill 49, a partner bill of Senate Bill 10, was passed unanimously in March 2017. This amendment loosened the restrictions on CBD in Wisconsin.

In 2019, Governor Evers signed Senate Bill 188, also known as Act 68, into law. The Act adopted federal status on CBD as specified in the Farm Bill, which legalized CBD that contained less than 0.3% THC.

The bill definitively legalized CBD in Wisconsin and brought Wisconsin cannabidiol law in line with federal law.

Anyone aged 18 and older can buy CBD in Wisconsin without a doctor’s recommendation.

However, according to Wisconsin CBD laws, it is illegal to sell CBD to minors under 18, so sellers will ask for your ID to verify your age.

Where Can You Buy CBD in Wisconsin?

Many stores sell CBD in Wisconsin, and you can find products at major retailers like Walgreens. You can also purchase CBD online and have it delivered to you.

The US Postal Service has clarified that it is legal to mail CBD if it contains less than 0.3% THC, as federal law specifies.

When buying CBD products, check to be sure the product has third-party lab reports proving it contains the legal limit of THC in Wisconsin. 

Also, take note of the following product specifications:

• CBD type: full-spectrum, broad-spectrum or isolate
• Manufacturer’s name: buy products from only trusted manufacturers.
• Ingredients
• CBD content per serving
• The lab that provided the third-party report
• Suggested use
• Net weight
• Batch code

Wisconsin Marijuana Laws

Cannabis laws in Wisconsin are stringent; even the smallest amount can get you into big trouble.

A first offense for possession of 200grams or less is classified as a misdemeanor, and you could be punished with six months in jail and a $1000 fine.

A subsequent offense is a felony with a prison sentence of up to three and a half years and a maximum fine of $10,000.

Cultivation of 4 plants or less is a felony punishable by three and a half years in prison and a maximum fine of $10,000. The higher the plants cultivated, the stiffer the penalties.

The State considers possessing any amount over 200 grams as intent to sell. In addition, the sale of 200 grams or less is a Class I felony with a prison sentence of three and a half years and a maximum fine of $10,000.

Basically, the sale of larger quantities carries higher penalties. 

Possession of drug paraphernalia such as pipes or bongs is a misdemeanor punishable by a maximum of 30 days in jail and a $500 fine. The sale or distribution of drug paraphernalia is a misdemeanor punishable by 90 days in prison and a $1,000 fine.

Sale or distribution to a minor carries a 9-month prison sentence and a $10,000 fine.

However, some cities have passed decriminalization laws that make possessing small amounts a civil violation rather than a criminal case. These cities include Appleton, Eau Claire, Green Bay, Kenosha, La Crosse, Marshfield, Milwaukee, Madison, Racine, Waukesha, and Wausau.

In Madison, residents can possess up to 28 grams of cannabis, while Milwaukee allows residents to store up to 25 grams in their homes.

Can You Grow Marijuana in Wisconsin?

Marijuana is illegal in Wisconsin, including possession, use, cultivation, and sale. If officials catch you growing marijuana, you’ll have to face the consequences.

Are Gummies Legal in Wisconsin?

Delta-8 and CBD are legal in Wisconsin, and you can get gummies that meet the legal requirements. Be sure to buy only from trusted manufacturers and stores that have adequately tested their products.

What Type of Delta-8 is Legal in Wisconsin?

Given the conflicting laws, you may ask, is delta-8 legal in Wisconsin? Yes, Delta-8 is legal in Wisconsin only if it is from hemp and contains no more than the 0.3% legal limit specified in the 2018 Farm Bill.

Is D8 legal in your state? Find out by clicking here.

Growing Hemp in Wisconsin 

It is legal to grow hemp in Wisconsin. The 2017 Wisconsin Act 100 states that “a person may plant, grow, cultivate, harvest, sample, test, process, transport, transfer, take possession of, sell, import, and export industrial hemp in this state to the greatest extent allowed under federal law.”

In 2022, Wisconsin handed over its hemp program to federal authorities. The United States Department of Agriculture took charge of issuing licenses to hemp growers on 1 January 2022, and hemp in Wisconsin is being regulated by the Final rule as specified by the federal government.

Wisconsin Dispensary

CBD and delta-8 are the legal cannabinoids in Wisconsin, but there are no state-licensed Wisconsin medical marijuana dispensaries. You can find CBD and Delta-8 products in many stores, including gas stations.

Elevate Holistics Can Help

When it comes to cannabis, it’s easy to get confused with the many strains, terminologies, and regulations.

Cannabis is illegal federally, and the states that have legalized it have different laws, which can be hard to keep up with. Is marijuana legal in Wisconsin? Is CBD legal in Wisconsin? What are the laws? Those are relevant but tricky questions.

At Elevate Holistics, it is our job to simplify cannabis access so you can focus on enjoying the benefits. Thus, we have all the information you need to make informed cannabis decisions and stay on the side of the law.

We can also help you get your MMJ card, link you with a qualified physician, or find a licensed dispensary. Contact us today for all your cannabis needs.