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Wisconsin

  1. Overview of Cannabis and Hemp Laws

Cannabis:

  • Recreational Use: Recreational cannabis remains illegal in Wisconsin.
  • Medical Use: Wisconsin permits limited use of CBD oil for patients with severe seizure disorders under Lydia’s Law (2014), but there is no comprehensive medical cannabis program.

Hemp Intoxicants: Wisconsin regulates hemp intoxicants under a “Hemp-Specific Framework,” allowing certain products, including intoxicating cannabinoids, with specific state-imposed safety and compliance requirements.

  1. Historical Context
  • 1939: Wisconsin criminalizes cannabis.
  • 2014: Lydia’s Law legalizes CBD oil for severe seizure disorders, marking an initial step toward medical cannabis policy.
  • 2018: Industrial hemp cultivation is legalized under the federal Farm Bill, enabling Wisconsin to establish its own hemp program.
  1. Recreational Cannabis Laws
  • Possession Limits: Recreational cannabis possession is fully prohibited. First-time possession of any amount is a misdemeanor, while repeat offenses are felonies.
  • Cultivation: Home cultivation for recreational use is not allowed.
  • Public Use: Public cannabis use is illegal, with penalties for violations.
  • Sale and Retail: No licensed cannabis retail or medical dispensaries are permitted; CBD oil is the only accessible cannabis product under strict conditions.
  1. Medical Cannabis Laws
  • Patient Eligibility: Only patients with severe seizure disorders, such as epilepsy, qualify for CBD oil under Lydia’s Law.
  • Product Access: Access is limited to CBD oil, with no other forms of medical cannabis approved.
  • Program Details: Wisconsin lacks a comprehensive medical cannabis program, and patients may access only CBD oil under specific medical provider authorization.
  1. Hemp-Derived Intoxicants
  • Regulatory Status: Wisconsin allows intoxicating hemp products, like delta-8 THC, under a “Hemp-Specific Framework,” with regulatory oversight for safety and potency.
  • Testing and Labeling: Products must meet state-mandated testing and labeling standards for compliance.
  • Age and Retail Restrictions: Sales of intoxicating hemp products are restricted to individuals 21 and over, with regulated retail settings.
  1. Criminal Penalties for Cannabis Offenses
  • Possession: Possession of any amount for recreational use is a misdemeanor, with penalties up to six months in jail and a $1,000 fine for first offenses. Repeat offenses are felonies, with sentences up to 3.5 years.
  • Sale and Distribution: Unauthorized sale or distribution is a felony, with penalties scaling by amount and intent.
  • Trafficking and Cultivation: Cultivation is not permitted without a license, and trafficking offenses carry felony charges with enhanced sentences, especially if minors are involved.
  1. Social Equity Programs
  • Eligibility Criteria: Wisconsin currently has no social equity programs related to cannabis or hemp.
  • Licensing Benefits: No licensing incentives or fee reductions are provided for communities affected by past cannabis laws.
  • Additional Support: The state offers no additional resources or support programs promoting equity within the cannabis or hemp industry.
  1. Business Types and Operations
  • Licensing Types: Wisconsin’s hemp program licenses growers and processors for industrial hemp but does not issue licenses for cannabis cultivation or dispensaries.
  • Regulatory Requirements: Licensed hemp businesses must follow state standards for testing, reporting, and security, but these licenses apply strictly to industrial hemp, as cannabis remains prohibited.
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