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Frequently Asked Questions

Is marijuana legal in Wisconsin?

No, marijuana remains illegal in Wisconsin for both recreational and medical uses as of March 2025. It is prohibited to possess, manufacture, distribute, sell, cultivate, or use cannabis in the state. However, hemp-derived products containing no more than 0.3% THC (such as CBD products) are legal under state law.

What are the penalties for marijuana possession in Wisconsin?

First-time possession of any amount of marijuana is a misdemeanor punishable by up to 6 months imprisonment and up to $1,000 in fines. Subsequent offenses are classified as felonies punishable by up to 3.5 years imprisonment and up to $10,000 in fines. However, some Wisconsin municipalities have decriminalized cannabis possession of small amounts, including Kenosha, Appleton, Madison, Milwaukee, Wausau, and Green Bay.

Is medical marijuana legal in Wisconsin?

No, Wisconsin does not currently have a medical marijuana program. However, there are ongoing legislative efforts to establish one, including provisions in companion bills AB50 and SB45 introduced in March 2025.

Are CBD products legal in Wisconsin?

Yes, CBD products containing no more than 0.3% THC are legal in Wisconsin. This aligns with the 2018 Farm Bill at the federal level, which legalized hemp and hemp-derived products containing less than 0.3% Delta-9 THC.

Are Delta-8 and Delta-10 THC products legal in Wisconsin?

Currently, hemp-derived Delta-8 and Delta-10 THC products are available in Wisconsin due to a legal distinction that allows hemp-derived products containing less than 0.3% Delta-9 THC. However, recent legislative proposals, including companion bills AB50 and SB45, would regulate delta-8 and delta-10 THC as marijuana, potentially changing the legal status of these products.

What is the status of marijuana legalization efforts in Wisconsin?

As of March 2025, there are several active efforts to legalize marijuana in Wisconsin. Governor Tony Evers has included marijuana legalization in his 2025-27 biennial budget proposal. Additionally, companion bills AB50 and SB45 have been introduced to detail what marijuana legalization could look like in the state. The political landscape suggests that medical marijuana may have a path forward, though comprehensive recreational legalization still faces significant hurdles in the Republican-controlled legislature.

Can Wisconsin residents vote directly on marijuana legalization?

Currently, Wisconsin does not have a mechanism for citizens to put binding initiatives on the ballot. However, Governor Evers has proposed giving Wisconsin citizens the right to put forward ballot initiatives to enact statutory or constitutional policy changes, specifically citing marijuana legalization as an issue with majority support that has been blocked by the legislature. This proposal would first need to be approved by the legislature.

Glossary of Terms

Cannabis

A genus of flowering plants in the family Cannabaceae. The number of species within the genus is disputed, but includes Cannabis sativa, Cannabis indica, and Cannabis ruderalis. Cannabis contains more than 100 different cannabinoids, including THC and CBD.

Cannabinoids

Chemical compounds found in cannabis that interact with cannabinoid receptors in the body. The most well-known cannabinoids are THC (tetrahydrocannabinol) and CBD (cannabidiol).

THC (Tetrahydrocannabinol)

The principal psychoactive constituent of cannabis, responsible for the "high" associated with marijuana use.

CBD (Cannabidiol)

A non-psychoactive cannabinoid found in cannabis that is being studied for various potential medical applications.

Delta-8 THC

A cannabinoid that occurs naturally in cannabis plants in small concentrations. It has psychoactive effects similar to Delta-9 THC but is generally considered to be less potent.

Delta-9 THC

The primary form of THC found in cannabis, responsible for the plant's psychoactive effects.

Delta-10 THC

A minor cannabinoid that occurs naturally in cannabis plants in very small amounts. It has mild psychoactive effects.

Hemp

Legally defined as cannabis containing 0.3% or less Delta-9 THC by dry weight. Hemp was federally legalized under the 2018 Farm Bill.

Marijuana

Cannabis containing more than 0.3% Delta-9 THC by dry weight. Marijuana remains federally illegal under the Controlled Substances Act.

Medical Marijuana

The use of cannabis as prescribed by a physician to treat symptoms of illness and other conditions.

Recreational Marijuana

The use of cannabis without medical justification, primarily for enjoyment.

Decriminalization

The removal of criminal penalties for personal marijuana use or possession, typically replacing them with civil fines or no penalty at all.

Legalization

The process of removing legal prohibitions against marijuana, allowing for its regulated production, distribution, and possession.

Official Resources

Wisconsin State Government

Federal Resources

Research & Studies

Economic Impact Analysis

The Wisconsin Department of Revenue released a fiscal estimate of the economic impact of marijuana legalization, projecting that the reform would generate nearly $170 million annually in tax revenue. This analysis was based on sales data from neighboring states with legal cannabis markets, adjusted for Wisconsin's population and anticipated demand.

Cross-Border Cannabis Purchasing

A legislative analysis estimated that Wisconsin residents spent more than $121 million on cannabis in Illinois alone in 2022, contributing $36 million in tax revenue to the neighboring state. This study highlights the economic impact of Wisconsin's current prohibition approach.

Public Opinion Research

A Marquette University Law School poll in 2024 found that 86% of Wisconsin residents favored legalizing medical marijuana with a doctor's prescription. A separate survey in early 2025 found that 65% of voters in rural parts of Wisconsin support legalizing cannabis.

Racial Disparities in Enforcement

Research has shown significant racial disparities in marijuana enforcement in Wisconsin. Black Wisconsinites are 4.2 times more likely to be arrested for marijuana possession than their white counterparts, despite similar usage rates.

Public Health Information

Health Effects of Cannabis

Cannabis contains compounds that may affect both physical and mental health. The primary psychoactive compound in cannabis, THC, can produce a "high" feeling, while CBD is non-intoxicating and being studied for various potential therapeutic applications.

Potential Benefits

  • Pain management
  • Reduction of nausea and vomiting in chemotherapy patients
  • Muscle spasm relief
  • Sleep improvement for certain conditions
  • Appetite stimulation

Potential Risks

  • Impaired memory and concentration
  • Altered judgment and decision-making
  • Respiratory issues when smoked
  • Potential psychological dependence
  • Possible anxiety or paranoia in some users

It's important to note that research on cannabis is ongoing, and our understanding of its effects continues to evolve. Individual responses to cannabis can vary significantly based on factors such as dosage, method of consumption, and personal health history.

Responsible Use Guidelines

If using cannabis in jurisdictions where it is legal:

  • Start with low doses and go slow, especially for new users
  • Never drive or operate heavy machinery while under the influence
  • Store products securely away from children and pets
  • Be aware of potential interactions with medications
  • Purchase products from licensed, regulated sources
  • Be mindful of the setting and your surroundings when using

Business Resources

Potential Business Opportunities

If marijuana is legalized in Wisconsin, various business opportunities could emerge:

  • Cultivation: Growing cannabis plants for medical or recreational markets
  • Processing: Converting raw cannabis into various products
  • Manufacturing: Creating cannabis-infused products
  • Retail: Dispensaries selling cannabis products
  • Testing: Laboratory services to ensure product safety and potency
  • Distribution: Transporting cannabis products between businesses
  • Ancillary Services: Legal, marketing, security, and other services supporting the cannabis industry

Permit Requirements (Proposed)

Based on companion bills AB50 and SB45, permit requirements would generally include:

  • Wisconsin residency for at least 90 days prior to application
  • Minimum age of 21 years
  • Criminal record free of certain crimes and offenses
  • Meeting competitive scoring criteria evaluating environmental protection, local job creation, worker and consumer safety, facility security, and legal compliance

The Department of Revenue (DOR) would be responsible for distributing separate permits to produce, distribute, and sell marijuana. The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) would register entities as THC testing laboratories and handle additional permitting for producers and processors.

Current Hemp Business Resources

While marijuana remains illegal, businesses can currently operate in the hemp-derived product space: