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⚖️ Federal Notice:  Cannabis remains a Schedule I controlled substance under US federal law (21 U.S.C. § 812). State law does not provide protection from federal prosecution.
🚫 Adult-Use: Illegal
🔶 Medical: CBD Only (limited)
🚫 Federal: Illegal
📋

Overview & Legal Status

Wisconsin has no medical cannabis programme. A very limited provision (Wis. Stat. § 961.14) was amended to allow CBD oil with ≤0.3% THC for seizure disorders (2014), but there is no dispensary network or patient registry — just a possession exemption. Adult-use cannabis is fully illegal. Wisconsin has an active hemp programme under the USDA Hemp Programme with state oversight.

Key Facts

Adult-Use StatusFully illegal — no decriminalisation at state level
Medical ProgrammeNone — CBD possession exemption for seizures only
Hemp/CBD StatusLegal — Wisconsin DATCP hemp programme
Governing LawWis. Stat. §§ 961.41 et seq. — Uniform Controlled Substances Act
RegulatorWI Dept. of Justice; WI Dept. of Agriculture, Trade and Consumer Protection (DATCP)
Key NoteGovernor Evers has repeatedly proposed medical cannabis — Legislature has blocked it
🏛️

Licensing

  • No Medical Cannabis Licences — no cultivation, processing, dispensary, or delivery licences for cannabis in Wisconsin
  • No Adult-Use Cannabis Licences
  • Hemp Grower Licence — Wisconsin DATCP
    • Annual licence; pre-harvest THC testing required; acreage reporting
    • One of the growing Midwest hemp markets
  • Hemp Processor/Handler Licence — DATCP; CBD extraction and production permitted
    • CBD products from hemp (≤0.3% THC) may be sold in Wisconsin retail
  • No Cannabis Testing Laboratory Licence — no regulated cannabis testing framework
💰

Taxation

🧾
Cannabis TaxN/A — all cannabis above hemp levels illegal; no cannabis tax
Adult-Use Tax
N/A
No legal market
Medical Tax
N/A
No programme
Hemp/CBD Retail
5%
WI state sales tax
Local Tax
0.5%
County option — most add 0.5%

Implications

  • Wisconsin generates no cannabis tax revenue — all marijuana illegal
  • Hemp/CBD retail subject to 5% state sales tax + 0.5% county tax in most jurisdictions = 5.5% combined
  • Governor Evers proposed cannabis legalisation with projected $166M annual tax revenue — Legislature has not acted
  • No cannabis excise tax framework has been enacted
📢

Advertising

  • No cannabis advertising permitted — no legal cannabis market in Wisconsin
  • Hemp/CBD advertising: FTC standards; Wisconsin Consumer Protection Act prohibits misleading health claims
  • Wisconsin Dept. of Agriculture enforces hemp product labelling standards
  • Out-of-state cannabis companies must not target Wisconsin consumers
💼

Workplace Rules

  • No employment protections for cannabis users in Wisconsin
  • Employers freely enforce drug-free workplace policies
  • Positive cannabis test valid grounds for termination — no exceptions
  • Wisconsin Drug-Free Workplace Act: Voluntary employer certification; workers' comp discounts
  • Federal contractors: Drug-Free Workplace Act — cannabis prohibited
  • No pending legislation to add employment protections for cannabis users
⚖️

Possession & Transactions

⚖️
Legal Possession0 (marijuana) · CBD ≤0.3% THC permitted for seizure disorder possession exemption
0
Marijuana — illegal
≤0.3% THC
CBD — legal (hemp)
N/A
No medical programme
Felony
Repeat possession offence

Possession Offences

  • Any amount — first offence: Misdemeanour — up to 6 months, $1,000 fine
  • Any amount — subsequent offence: Felony — up to 3.5 years, $10,000 fine
  • Possession near school: Additional penalties
  • No decriminalisation at any level — Wisconsin's first-offence misdemeanour is commonly prosecuted

Transaction Rules

  • No legal cannabis transactions in Wisconsin
  • Hemp/CBD products available in retail — standard consumer rules
  • Purchasing cannabis in Illinois (adult-use legal) and returning to Wisconsin is drug trafficking
🔬

Product Testing

  • No cannabis product testing framework — no legal cannabis products
  • Hemp testing: DATCP-approved labs test for THC compliance pre-harvest
  • WI Dept. of Justice forensic labs test suspected cannabis in criminal cases
  • No state-licensed cannabis testing laboratories
💊

Medical Cannabis

Wisconsin has NO medical cannabis programme. Wis. Stat. § 961.14 was amended in 2014 to exempt possession of CBD (≤0.3% THC) for seizure disorder patients — but provides no supply infrastructure, no physician certification system, and no patient registry.

CBD Seizure Disorder Exception

  • Wis. Stat. § 961.14 — possession of CBD with ≤0.3% THC is exempt from prosecution for persons with seizure disorders
  • No qualifying conditions list beyond 'seizure disorder'
  • No patient registry card, no physician certification requirement, no dispensary — patients must obtain CBD from hemp retailers
  • No supply chain infrastructure created by the exemption

Legislative History

  • Governor Tony Evers has proposed medical and adult-use cannabis legalisation in every state budget — the Republican-controlled Legislature has rejected each proposal
  • Wisconsin legislative prospects remain limited without change in legislative control
  • No medical cannabis bills have passed the Legislature as of 2026
⚖️
Medical CannabisNot available — CBD ≤0.3% THC possession exemption for seizure disorder only
🌿

Adult-Use Cannabis

Adult-use cannabis is fully illegal in Wisconsin. Wisconsin borders Illinois (adult-use since 2020) and Michigan (adult-use since 2018). No decriminalisation exists at the state level.

Local Ordinances

  • Madison enacted a civil fine ordinance for small cannabis possession — $1 fine for possession of small amounts — but state criminal law still applies and may be prosecuted
  • Milwaukee, Green Bay, Kenosha — state law enforcement applies; no local decriminalisation
  • Local ordinances in Wisconsin do not preempt state criminal law

⚠️ Adult-Use Cannabis — Important Warnings

  • Adult-use recreational cannabis is NOT legal in Wisconsin. Possession, sale, and cultivation outside any approved medical programme remains a criminal offence.
  • Medical cannabis patients (where a programme exists) must carry their state-issued registry card at all times when in possession of cannabis.
  • Cannabis cannot be transported across state lines — this is a federal offence regardless of destination state laws.
  • Do not drive or operate heavy machinery while impaired by cannabis — DUID/DUI laws are enforced.
  • Airports operate under federal jurisdiction — carrying cannabis through airports is a federal offence.
  • Cannabis is prohibited on all federal lands including national parks, forests, and federal buildings.
  • Keep all cannabis and CBD products out of reach of children and pets at all times.
  • Cannabis use during pregnancy or breastfeeding is strongly discouraged by health authorities.

🚨 Legal Disclaimer

This page is provided for general informational purposes only and does not constitute legal advice. Cannabis laws in Wisconsin change frequently — always verify current statutes with official Wisconsin government sources or consult a qualified attorney licensed in Wisconsin.

  • Information reflects laws known as of March 15, 2026 — subject to legislative change without notice.
  • Local city and county ordinances may impose additional restrictions beyond state law.
  • Federal law supersedes state law in all federal jurisdictions and employment contexts.
  • CannBus accepts no liability for actions taken based on information on this page.

📚 References & Sources

  1. Wis. Stat. §§ 961.41 et seq. — Uniform Controlled Substances Act
  2. Wis. Stat. § 961.14 — CBD Seizure Disorder Exemption (2014)
  3. Wisconsin DATCP Hemp Programme — datcp.wi.gov
  4. Wisconsin Dept. of Justice — doj.state.wi.us
  5. Governor Evers Cannabis Legalisation Proposals — 2020–2025 state budgets
  6. Document date: March 15, 2026 · Cannabis Laws · www.cannbus.org
📅 Document last reviewed: March 15, 2026  ·  Cannabis Laws · www.cannbus.org

⚖️ Legal Notice

CannBus provides cannabis law summaries for general informational purposes only. This is not legal advice.
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