Marijuana Laws in Wisconsin
This article provides a comprehensive overview of marijuana laws in Wisconsin, detailing their legal status, historical context, and federal developments as of 2025.
Pending Legislation
Wisconsin proposes marijuana legalization with comprehensive regulations for medical and adult-use markets.
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Current Bills in the Wisconsin Legislature
As of March 2025, there are several legislative proposals related to marijuana in Wisconsin. The most significant are companion bills AB50 and SB45, which would create a comprehensive framework for marijuana legalization in the state.
These bills would create several avenues to legally obtain marijuana, including through an adult-use market, a medical program, and home grow opportunities. Interestingly, the bills would also regulate delta-8 and delta-10 THC as marijuana and eliminate the prohibition of possessing or using marijuana drug paraphernalia.
AB50/SB45 Details
Companion bills AB50 and SB45 were introduced in March 2025 to detail what marijuana legalization could look like in Wisconsin. These comprehensive bills address multiple aspects of cannabis regulation:
The bills would require the Department of Revenue (DOR) and the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) to use a competitive scoring system for permits, evaluating applicants on their ability to protect the environment, provide local jobs, ensure worker and consumer safety, operate secure facilities, and uphold the law.
Governor's Budget Proposal
In February 2025, Wisconsin Governor Tony Evers included marijuana legalization in his budget request for the 2025-27 biennium. The governor's more than 160-page Budget in Brief outlines a plan to "legalize, regulate, and tax the sale of marijuana for recreational use, much like Wisconsin already does with alcohol."
This is not the first time Governor Evers has included marijuana legalization in his budget proposals. Similar measures were included in previous budgets but were removed by the Republican-controlled legislature.
While the marijuana provisions are likely to be stripped from the budget by the Republican-controlled legislature, they represent the governor's continued commitment to cannabis reform in Wisconsin.
Medical Marijuana Program Proposal
The proposed medical marijuana program in AB50/SB45 would allow qualifying persons 18 years and older to participate. To become a qualified patient, an individual would need to be diagnosed by a physician as having or undergoing a debilitating medical condition or treatment and meet the age requirement.
Under the proposal, medical marijuana would not be subject to sales or excise tax. The Department of Revenue (DOR) would be responsible for creating and maintaining a medical marijuana registry program.
Adult-Use Market Proposal
The adult-use market proposed in AB50/SB45 would allow:
- Wisconsin residents who are 21 years and older to legally possess no more than two ounces of marijuana
- Non-residents who are 21 years and older to possess no more than one-quarter ounce
Products in the adult-use market would be subject to an excise tax, with revenue going into the state's general fund. The Department of Revenue would be responsible for distributing separate permits to produce, distribute, and sell marijuana.
The bills would prohibit permit holders from operating within 500 feet of a school, playground, recreation facility, child care facility, public park, public transit facility, or library.
Home Grow Provisions
Under the proposed bills, individuals would be able to cultivate as many as six marijuana plants for personal use. Penalties, including fines and imprisonment, could be imposed against persons based on the number of excess plants and how many of those marijuana plants have reached the flowering stage.
This provision would represent a significant change in Wisconsin law, which currently prohibits any cultivation of cannabis plants.
Proposed Regulatory Framework
The bills outline a comprehensive regulatory framework for marijuana in Wisconsin:
Department of Revenue (DOR) Responsibilities
- Distributing separate permits to produce, distribute, and sell marijuana
- Granting microbusiness permits allowing marijuana producers to operate two other DOR marijuana permit types
- Creating and maintaining a medical marijuana registry program
- Collecting and administering excise taxes
Department of Agriculture, Trade and Consumer Protection (DATCP) Responsibilities
- Registering entities as tetrahydrocannabinols (THC) testing laboratories
- Additional permitting for producers and processors
- Ensuring product safety and quality standards
Permit Requirements
Although permit requirements vary, generally speaking, an individual would, at a minimum, need to:
- Be a Wisconsin resident for at least 90 days prior to the application date
- Be 21 years or older
- Have a criminal record free of certain crimes and offenses
The competitive scoring system for permits would evaluate applicants on their ability to protect the environment, provide local jobs, ensure worker and consumer safety, operate secure facilities, and uphold the law.
Related Posts
Legal Status in Wisconsin
Wisconsin prohibits marijuana but allows hemp-derived products; CBD is legal under specific regulations.
What Are the 2025 Laws on Marijuana in Wisconsin?
Wisconsin's marijuana laws remain strict, prohibiting possession and cultivation with severe penalties for violations.
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