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.