Cannabis in Wisconsin: Is it Legal?

In the state of Wisconsin cannabis is illegal for both medical and recreational use. Cannabidiol (CBD) containing low amounts of tetrahydrocannabinol (THC) can be used for medical reasons and under a doctor’s advice.

According to the 1939 legislation “161.275 Possession and use of marijuana; penalty” the penalty for “growing, cultivating, mixing, compounding, having control of, preparing, possessing, using, prescribing, selling, administering or dispensing marijuana or hem would be no less than one year and no more than two years in the state prison.”

Currently, possessing any amount is punishable a $1000 fine and up to 6 months imprisonment. A second offense is considered to be a felony punishable by 3.5 years imprisonment and a fine not exceeding $10,000.

CBD oil legalization (2014, 2017)

Though medical cannabis in all its forms is not legal in the state of Wisconsin, CBD oil was finally legalized after a long and arduous journey.

Wisconsin Act 267 (2013 Assembly Bill 726) was enacted in April 2014. This legislation ostensibly made legal the use of cannabidiol (CBD) for treating seizure disorders in the state of Wisconsin. It was passed through an assembly voice vote with a unanimous 33–0 Senate vote. It was renamed “Lydia's Law” a month later by an act honoring a seven-year-old girl by that name who suffered from a form of epilepsy that was rare and whose parents pushed the state for CBD legislation.

In February 2017, Senate Bill 10 allowing the possession of CBD oil to anyone with a doctor’s prescription or recommendation was passed by the Wisconsin Senate by a 3-1 vote. This bill amended Lydia's Law (2013 Act 267), that had previously only allowed the access of CBD oil to people suffering from limited specified conditions.