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State Laws – Wisconsin

by andrea / Friday, 24 February 2017 / Published in Laws

Wisconsin has some of the harshest penalties related to cannabis possession, sale and cultivation. All levels of cultivation and sale are considered felonies, as are repeat possession offenses, with incarceration terms increasing based on quantity grown or sold. Wisconsin did pass a medical cannabidiol (CBD) law in 2014.

CBD from Hemp Oil in Wisconsin

Hemp CBD oil is federally legal in the U.S. Individual state laws, however, are dynamic and some states have and will enact their own laws regulating hemp-derived CBD. Wisconsin may govern hemp-derived CBD oil.

Medical Cannabis in Wisconsin

There is currently no policy regarding medical cannabis in Wisconsin. The most recent efforts toward legalization in the state was the passing of Assembly Bill 726 in 2014, which legalized cannabidiol (CBD) oil for children diagnosed with intractable epilepsy.

The law is only symbolic, however, as there’s no legal way for patients to obtain the cannabis oil. The law requires that patients first obtain a prescription for the cannabis oil from a doctor, but physicians are not allowed to do so because the FDA has not approved cannabis. Additionally, the state hasn’t legalized growing cannabis and Federal law prevents transporting cannabis across state lines.

In 2016, Rep. Melissa Sargent introduced legislation that would have created a medical cannabis program for seriously ill patients, but it failed to pass through the committee process.

Recreational Cannabis in Wisconsin

The first offense of possession of any amount of cannabis in Wisconsin is a misdemeanor, punishable by six months in prison and a maximum fine of $1,000. Subsequent possession offenses, however, are felonies punishable by 3.5 years incarceration and a maximum fine of $10,000.

Nine of the state’s 10 largest cities have imposed ordinances decriminalizing minor cannabis possession offenses. In these cities – Appleton, Eau Claire, Green Bay, Kenosha, La Crosse, Marshfield, Milwaukee, Racine, Waukesa, and Wausau – simple possession is a civil ordinance that calls for a fine rather than a criminal offense.

Cultivation of Cannabis in Wisconsin

The cultivation of any amount of cannabis for personal or medicinal use in Wisconsin is a felony.

Resources:

  • http://norml.org/laws/item/wisconsin-penalties-2?category_id=901
  • http://medicalCannabis.procon.org/view.resource.php?resourceID=000881
DISCLAIMER: The information contained in this website is for general information purposes only; it does not constitute legal advice. Although we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Therefore, any reliance you place on such information is strictly at your own risk.
Tagged under: law, laws, Wisconsin

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