Greetings, fellow herb enthusiasts! Are you wondering if you can toke up legally in the land of cheese and beer? Well, let’s talk about the Badger State’s stance on the sweet Mary Jane. Wisconsin is known for its beautiful landscapes, delicious cheese curds, and famous football team, but what about weed? As we all know, laws regarding cannabis can be confusing, so let’s roll up our sleeves and dive into the ever-evolving world of marijuana legalization in Wisconsin.
Is Weed Legal in Wisconsin? Straight to the point.
- Recreational THC: No
- Medical THC: No
- CBD: Yes
- Delta-8: Yes
Weed is Illegal in Wisconsin
While the recreational use of marijuana is illegal in Wisconsin, the state has implemented a limited medical marijuana program that allows for the use of CBD oil to treat specific medical conditions. The CBD oil must be derived from industrial hemp and contain less than 0.3% THC, which is the psychoactive compound in marijuana that produces a “high.” The state allows patients with certain medical conditions to obtain CBD oil from licensed dispensaries or through a physician’s recommendation.
However, it is essential to note that Wisconsin has taken a relatively restrictive approach to medical marijuana. The program only allows for using CBD oil and not other forms of medical marijuana. Additionally, while the federal government legalized hemp-derived CBD products with the 2018 Farm Bill, there are still some states that have placed further restrictions on CBD, so it is essential to be aware of local weed laws and regulations.
So, is weed legal in Wisconsin? No. Marijuana-derived CBD oil with less than 0.3% THC is allowed with doctor approval. Hemp-derived CBD products are legal. See below for more information.
Cannabinoid Variants
Although THC is definitely illegal in Wisconsin, there are plenty of alternative cannabinoids making headlines for their easy access and similar high. Yet, despite some federal legalization for hemp-derived alt noids, not all states have readily adopted these laws. Here’s where Wisconsin stands.
Is CBD legal in Wisconsin?
The 2018 Farm Bill legalized industrial hemp production in the United States. This legislation opened up vast possibilities for CBD-rich hemp to enter the mainstream market, allowing consumers to purchase CBD in retail establishments and online. CBD is often found in supplements, topicals, edibles, portable vape pens, home goods, and beauty and body care products.
The Farm Bill legally protects CBD production, but it is not without stipulation. All commercially available CBD products must be derived from hemp and contain less than 0.3% Delta-9 THC. However, some states have elected to regulate CBD independently and may have further restrictions on its use and distribution. Hemp-derived CBD is legal for adults in Wisconsin.
Is Delta-8 legal in Wisconsin?
Delta-8 THC is legal in Wisconsin so long as it is derived from hemp. In most cases, Delta-8 is produced from hemp-derived CBD via a unique isomerization process. Despite being naturally occurring, Delta-8 is found in such small amounts that it must be produced in a lab to procure tangible quantities. Consumers enjoy Delta-8 because its effects mirror a mild version of Delta-9.
Is Delta-10 legal in Wisconsin?
In Wisconsin and most states, Delta-10 is fully legal at the state level. This can be because Delta-10 falls under the CBD legislation, or there are no laws that expressly prohibit it. Any products containing Delta-10 derived from hemp are fully legal for adult use if they contain less than 0.3% Delta-9 THC.
Are THC-O and other THC variants legal in Wisconsin?
In recent years, alternative hemp-derived cannabinoids have dominated the market as a more accessible way to get high. However, they have existed in a legal gray area until February 2023.
The Drug Enforcement Administration (DEA) has declared Delta-8-THC-O and Delta-9-THC-O illegal controlled substances. These compounds are not naturally occurring in either hemp or marijuana and are considered synthetic cannabinoids.
The 2018 Farm Bill legalized industrial hemp and its byproducts so long as they contain no more than 0.3% Delta-9-THC by volume. The market for cannabinoids has grown in the states since then as several alternative cannabinoids emerged, including synthetic THC isomers.
For the time being, this latest update does not affect alternative cannabinoids like THC-JD, THC-P, THCP-O, THC-H, and THC-B because they do exist naturally in trace amounts. Advocates feel that only the end of the federal prohibition on marijuana will successfully regulate synthetic or naturally occurring cannabinoids.
Are HHC and HHC-O legal in Wisconsin?
Due to the ambiguous legal status of HHC and HHC-O in Wisconsin, it is generally assumed that their possession and use are legal since they comply with the regulations surrounding other hemp-derived cannabinoids.
Cultivation Laws
Wisconsin currently does not permit the cultivation, sale, or possession of marijuana for recreational or medicinal use. Marijuana is considered a Schedule I controlled substance under Wisconsin law, and possession of any amount can result in criminal charges. See below for more information.
Where to Buy Weed in Wisconsin
Until cannabis reform sees a progressive movement, there are very few avenues to sourcing cannabis products in Wisconsin.
Black Market
Despite legalization efforts, the marijuana black market remains active. The illegal purchase of weed from a black market dealer comes with serious risks. Not only is it difficult to determine the potency and purity of the product, but the legal implications can be disastrous. In some cases, a mere slap on the wrist, but in others, buying weed illegally results in jail time or a prison sentence. For those that live in a state with a medical or recreational marijuana program, it’s best to obtain cannabis through legal channels.
Direct to Consumer
Direct-to-consumer sales allow customers to purchase cannabinoid products from brands. This is, of course, illegal for any THC products in Wisconsin, but you can purchase CBD and other hemp-derived cannabinoid products online through various retailers.
Efforts to Legalize Weed in Wisconsin
The Governor of Wisconsin, Tony Evers (D), included adult-use marijuana legalization in his biennial budget request, despite warnings from GOP lawmakers. Evers stated that he would not be deterred, as he made a campaign promise to push for comprehensive legalization, and the majority of voters in the state supported the policy change.
If legalized, residents 21 and older could purchase and possess up to two ounces of marijuana, while non-residents could have up to one-quarter ounce. They could also grow up to six cannabis plants for personal use. The Department of Revenue would regulate the market and issue cannabis business licenses, with marijuana wholesalers subject to a 15 percent tax, and another 10 percent tax would be levied at the retail level for adult-use cannabis sales. Revenue from sales would go to a community reinvestment fund to support mental health and substance misuse treatment programs.
People could petition courts for resentencing or expungement for convictions involving activity made legal under the law. Marijuana businesses with more than 20 employees would be required to enter into a labor peace agreement, and DOR would need to implement competitive scoring in the licensing process. Anti-discrimination protections for workers who use marijuana off duty would be included, and the bill would eliminate THC drug testing as a condition of receiving public benefits.
For the fiscal year 2025, the governor’s office is estimating that the state will generate $44.4 million in segregated tax revenue from legal cannabis, as well as a $10.2 million increase in state general fund tax revenue. The majority of adults in Wisconsin live within 75 minutes of an out-of-state cannabis retailer, such as in Illinois or Michigan. Some lawmakers have filed bills to legalize cannabis for adult use. Still, the legislature has so far failed to pass even more modest proposals like decriminalization or the legalization of medical cannabis.
General FAQ
Where can you smoke weed in Wisconsin?
It is illegal to smoke weed in public places in Wisconsin. This includes parks, sidewalks, and other public spaces. Smoking weed is also prohibited in vehicles, even if the vehicle is parked. In addition, private property owners have the right to prohibit smoking weed on their premises. If you are caught smoking weed in public in Wisconsin, you could face fines and other legal consequences.
Can you smoke weed in public in Wisconsin?
No, smoking cannabis is illegal everywhere in Wisconsin.
Punishment for Illegal Acts FAQ
What are the penalties for growing weed?
In Wisconsin, the penalties for growing weed depend on the amount of marijuana plants being grown and the intent of the grower.
If a person is caught growing up to four plants for personal use, it is considered a misdemeanor and can result in up to six months of imprisonment and a maximum fine of $1,000.
However, if a person is caught growing between four and 20 plants, it is considered a felony and can result in up to three and a half years of imprisonment and a maximum fine of $10,000.
If a person is caught growing more than 20 plants, the penalties can increase to up to six years of imprisonment and a maximum fine of $10,000.
It’s important to note that these penalties apply to both first-time and repeat offenders. Additionally, penalties for drug-related offenses can vary based on a number of factors, including the offender’s criminal history, the location of the offense, and the amount of drugs involved.
What are the penalties for selling, gifting, transporting, or importing weed?
In Wisconsin, the penalties for selling, gifting, transporting, or importing weed vary depending on the amount involved. For instance, the sale or delivery of less than one-half ounce is a misdemeanor punishable by a maximum sentence of 2 years imprisonment and a maximum fine of $10,000.
Possession of more than 10 pounds is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $500,000. Selling, gifting, transporting, or importing more than 50 pounds is considered trafficking and is punishable by a maximum sentence of 30 years imprisonment and a maximum fine of $1,000,000. Similarly, possession penalties vary depending on the amount of marijuana.
Possession of one ounce or less by a person 21 years of age or older is no longer punishable by a civil penalty or fine.
What is the penalty for selling to a minor?
In Wisconsin, selling or delivering any amount of marijuana to a minor is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $25,000. This penalty applies regardless of the amount of marijuana sold or delivered. It is important to note that the legal age for purchasing or possessing marijuana in Wisconsin is 21 years old, so any sale or delivery to an individual under this age is considered selling to a minor.
What is possession with the intent to sell?
Possession with intent to sell is a criminal offense that occurs when an individual is found possessing a controlled substance, and there is evidence that the substance was intended for distribution or sale rather than personal use. This offense is usually more severe than simple possession, as it involves an intent to distribute the drug to others, often for profit.
What are the penalties for possession for personal use?
Possession is a crime if you possess more than the allotted legal limit or if you are suspected of intent to distribute.
