Pending Legislation
Wisconsin proposes marijuana legalization with comprehensive regulations for medical and adult-use markets.
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.
Key Points
- Marijuana is not legal in Wisconsin
- Governor Tony Evers tried to make marijuana legal through the state budget, but lawmakers removed this plan in May 2023
- You can use CBD products in Wisconsin if they have 0.3% THC or less
- Some cities in Wisconsin treat having small amounts of marijuana as a minor offense with a fine, rather than a crime
Is Marijuana Legal in Wisconsin?
No, marijuana is not legal in Wisconsin. You can't use it for any reason - whether medical or recreational. You also can't grow, sell, or have marijuana. While some cities like Madison and Milwaukee treat small amounts of marijuana as a minor offense with just a fine, this doesn't mean it's legal. Having larger amounts of marijuana can result in more serious charges and penalties.
Wisconsin Marijuana Laws in 2025
As of early 2025, marijuana remains illegal in Wisconsin. Governor Tony Evers tried to change this by including marijuana legalization in the state's 2023-2025 budget. However, lawmakers voted 12-4 to remove this from the budget.
The governor's plan would have let people 21 and older buy up to two ounces of marijuana and grow up to six plants at home. The Department of Revenue (DOR) would have been in charge of overseeing marijuana sales and business licenses.
This wasn't the first time Evers tried to legalize marijuana. He also tried in 2019, but lawmakers didn't approve it. Recently, Republican leaders have shown interest in allowing medical marijuana with strict limits. Governor Evers said he would support this if the law doesn't include unnecessary restrictions.
Timeline of Cannabis Law in Wisconsin
Here are the main changes in Wisconsin's marijuana laws over time:
- 1935: Wisconsin made marijuana illegal
- 2016: Governor Scott Walker made it legal for people with seizure disorders to use CBD with 0.3% or less THC if their doctor approves
- 2017: Governor Scott Walker expanded the CBD law to let anyone with a medical condition use CBD that doesn't cause a "high"
Federal Marijuana Laws in 2025
While many states have legalized marijuana, it remains illegal under federal law. However, the federal government has taken some important steps toward change:
- Presidential Pardons: In October 2022, President Biden pardoned all U.S. citizens and legal residents who were convicted of simple marijuana possession under federal law. He also asked state governors to consider similar pardons for state-level offenses and requested a review of how marijuana is classified under federal law
- CAOA Bill: Senators Chuck Schumer, Ron Wyden, and Cory Booker plan to introduce the Cannabis Administration and Opportunity Act. This bill would make marijuana legal at the federal level and create rules for research, public safety, taxes, and business practices
- MORE Act: Representative Jerry Nadler plans to reintroduce the MORE Act. This bill would remove marijuana from the list of illegal drugs and end criminal penalties for having, making, or selling marijuana
- States Reform Act: Representative Nancy Mace's States Reform Act would let each state decide its own marijuana laws, similar to how alcohol is regulated. This bill received strong support in 2022
- SAFE Banking Act: The SAFE Banking Act would allow banks to work with legal marijuana businesses, providing them access to basic banking services, loans, and credit. The House has passed this bill seven times, showing strong support from both parties. It's likely to be proposed again
Can I Use Marijuana in Wisconsin?
No, marijuana use is not legal in Wisconsin. Both recreational and medical marijuana are banned. The only exception is CBD products that contain no more than 0.3% THC.
Can I Buy Marijuana in Wisconsin?
No, all marijuana sales are illegal in Wisconsin since the state hasn't legalized marijuana. Any marijuana sales happening in the state are against the law.
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