Wisconsin has some of the harshest penalties related to marijuana 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 cannabidiol law in 2014.
Recreational Marijuana in Wisconsin
The first offense of possession of any amount of marijuana 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 marijuana 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.
Medical Marijuana in Wisconsin
There is currently no policy regarding medical marijuana in Wisconsin. The Legislature did pass Assembly Bill 726 (Lydia’s Law) in 2014 to legalize cannabidiol (CBD) oil for children diagnosed with intractable epilepsy and then passed Senate Bill 10 in 2017 to expand the law to include any “medical condition.”
The laws are 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 marijuana program for seriously ill patients, but it failed to pass through the committee process.
Consumption of CBD Hemp Oil in Wisconsin
Consumption of CBD hemp oil is federally legal, as CBD hemp oil falls under the same importation and commerce laws as other hemp products. The state of Wisconsin has no further policy specifically related to CBD hemp oil, so it is legal to purchase and use.
Cultivation of Cannabis in Wisconsin
The cultivation of any amount of cannabis for personal or medicinal use in Wisconsin is a felony.
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