Wisconsin Cannabis Information Portal

What is the State of Marijuana in Wisconsin?

Wisconsin is one of the few states yet to legalize marijuana for either medical or recreational purposes. However, several cities in Wisconsin have decriminalized marijuana. This signifies that individuals found in possession of marijuana are more likely to receive a citation for violating a local ordinance rather than facing criminal charges at the state level. The cities within Wisconsin that have implemented marijuana decriminalization measures include:

• Eau Claire
• Green Bay
• Kenosha
• Appleton
• Marshfield
• La Crosse
• Madison
• Milwaukee
• Wausau
• Waukesha
• Racine

In most of these cities, criminal charges will not be pursued if the amount of marijuana possessed is less than 25 grams. However, if a significant quantity of marijuana is found, criminal charges may apply.

How Has Marijuana Affected the Wisconsin Economy?

Marijuana has not been legalized in Wisconsin and has, therefore, not impacted the state's economy financially or through job creation. However, should the state decide to legalize the drug, its economy stands to be boosted by revenue from the tax on cannabis. According to estimates from the Wisconsin Governor's Office, the state stands to generate $165 million in revenue from the first year of the cannabis industry based on tax revenue data from surrounding states with legal marijuana marketplaces.

What is the Marijuana Crime Rate in Wisconsin?

Marijuana possession and sales arrest figures have dropped in Wisconsin, according to data available on the FBI's Crime Data Explorer for 2018 to 2021. The FBI tool is an interactive portal for exploring crime figures through the Uniform Crime Reporting Program. In 2018, the state recorded 17,391 and 1,817 arrests for marijuana possession and sales, respectively. In the following year, the figures dropped to 14,619 and 1,287, respectively. In 2020, Wisconsin recorded 11,062 arrests for marijuana possession and 1,135 arrests for marijuana sales. The trend continued in 2021, with the state recording significant decreases in arrest numbers for marijuana possession and sale. In that year, there were 9,055 arrests for marijuana possession and 702 arrests for marijuana sales.

What is the History of Wisconsin Marijuana?

The state's first law prohibiting cannabis use was passed in 1935, making the possession of the substance illegal. In 2014, Wisconsin implemented Lydia's Law (AB 726) to grant individuals with seizure disorders the legal right to access, possess, and use medication. However, this law initially only permitted access to CBD oil sanctioned by the FDA, yet no such products were approved by the FDA at that time.

In 2017, AB 726 underwent revisions through Act 4, expanding legal access beyond severe epilepsy patients to include individuals with any medical condition upon receiving a written physician recommendation. Nonetheless, existing state regulations still prohibited the utilization of cannabis-based treatments apart from FDA-approved products. While medical practitioners were allowed to distribute CBD, the law did not provide any guidance on its acquisition, nor did it address production or distribution protocols. Furthermore, the law solely eliminated criminal penalties for CBD possession, lacking authorization for THC possession or use.

In 2021, Senator Melissa Agard introduced LRB 361/SB 545 to legalize cannabis in Wisconsin for adult and medical uses. However, the bill failed to pass pursuant to Senate Joint Resolution 1. In February 2023, Governor Tony Evers included a plan to legalize medical and recreational cannabis in the biennial budget request. Under the provisions of the governor's cannabis legalization proposals, adults aged 21 or older who are Wisconsin residents would be able to possess up to 2 ounces of recreational cannabis, but non-residents would be restricted to a quarter ounce. The home cultivation of up to 6 cannabis plants for personal use would become legal, and persons with debilitating medical conditions would qualify as medical cannabis patients. Despite the lofty provisions of the legalization bill for cannabis enthusiasts, Wisconsin lawmakers voted to remove over 500 items, including legalizing cannabis, from the governor's executive budget.

Although a few jurisdictions in Wisconsin, such as Madison, Milwaukee, and Dane County, have enacted cannabis decriminalization laws, it is still illegal to possess cannabis statewide in Wisconsin.