Legal Status in Wisconsin

Current Legal Status

Key Points

• Cannabis is fully illegal in Wisconsin

• Governor Tony Evers included measures to legalize cannabis in the governor's executive budget, but these measures were removed by lawmakers in May 2023

• Wisconsin law allows for the use of CBD products containing no more than 0.3% THC

• Some Wisconsin municipalities have decriminalized cannabis possession of small amounts, including
• Kenosha, Madison, Appleton, Milwaukee, Wausau, and Green Bay.
• These cities only charge offenders with a civil violation for possession of small amounts.

Hemp-Derived Products in Wisconsin

• CBD oils and tinctures

• CBD topicals

• Hemp-derived Delta-8 THC products

• Hemp-derived Delta-9 THC products (within the 0.3% threshold)

CBD Regulations in Wisconsin

• 2016: Governor Scott Walker signed A.B. 726 into law, exempting persons with seizure disorders from criminal penalties related to possessing and using CBD. This exception is only applicable to CBD containing no more than 0.3% THC and to persons who have obtained physician recommendations or approvals.

• 2017: Governor Scott Walker signed Act 4 into law to expand the existing CBD law, allowing patients with any medical condition to access CBD with no psychoactive effect.

• Current Status: CBD products containing no more than 0.3% THC are legal in Wisconsin for all consumers, not just medical patients.

Federal Context

• Biden's Presidential Pardon (October 2022): President Biden granted a complete and unconditional pardon to all present United States citizens and lawful permanent residents who had committed the offense of simple marijuana possession in violation of the Controlled Substances Act.

• Cannabis Administration and Opportunity Act (CAOA): Comprehensive legislation designed to decriminalize cannabis by removing it from the Controlled Substances Act.

• Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act: Aims to decriminalize cannabis by removing it from the Controlled Substances Act and eliminating criminal penalties associated with cannabis.

• States Reform Act: Aims to decriminalize cannabis at the federal level by granting full authority to individual states to regulate and prohibit cannabis as they see fit, treating cannabis products similarly to alcohol.

• SAFE Banking Act: Legislation to establish a secure environment for financial institutions to offer conventional banking services to cannabis businesses operating in jurisdictions where the drug has been legalized.