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📖 Statute Reference
Wis. Stat. § 961.41 (penalties); Wis. Stat. § 961.14 (scheduling); Wis. Stat. § 94.67 (hemp)
🚨 Penalties for Violations
First offense possession of any amount: misdemeanor (up to 6 months, $1,000). Second+: Class I felony (up to 3.5 years). Sale is a felony. Several cities (Madison, Milwaukee, Eau Claire, Appleton, Green Bay) have passed local ordinances decriminalizing small amounts, but state law prevails.
📄 Exceptions & Special Cases
CBD oil (Lydia's Law, 2014, and 2017 expansion) is legal for any medical condition with a doctor's certification, but no in-state production or retail framework exists. Hemp program established under 2018 Farm Bill.
🔄 Recent Changes
2024: Governor Evers proposed full cannabis legalization in budget (rejected by legislature). Delta-8 regulation bills debated. 2025: Medical cannabis bill (SB 28) debated with limited Republican support — most significant medical cannabis legislation to advance in Wisconsin in years.
🔍 Expanded Analysis: Wisconsin Cannabis & Delta-8 Laws
What this means for residents and visitors: An in-depth review of Cannabis & Delta-8 laws in Wisconsin finds that the substance is classified as 'Illegal' under current state and federal statutes. Wisconsin maintains full cannabis prohibition with no medical program and no decriminalization, despite being surrounded by legal states (Michigan, Illinois, Minnesota). Delta-8 THC is currently legal Individuals planning to possess, purchase, or distribute Cannabis & Delta-8 in Wisconsin should be aware that {'delta8_status': 'Legal (Farm Bill interpretation). Delta-8 THC products are widely sold at smoke shops, gas stations, and hemp retailers throughout Wisconsin. The state legislature has debated bills. We recommend consulting a qualified local attorney before relying on any legal status summary.
Related restrictions: {'delta8_status': 'Legal (Farm Bill interpretation). Delta-8 THC products are widely sold at smoke shops, gas stations, and hemp retailers throughout Wisconsin. The state legislature has debated bills to regulate delta-8 (2023-2024 session: SB 150, AB 141) but none have passed. The Department of Agriculture, Trade and Consumer Protection (DATCP) has authority over hemp products but has not explicitly banned intoxicating cannabinoids. The market is essentially unregulated.', 'thca_status': 'Legal under Farm Bill. THCa flower is sold widely. Wisconsin uses total THC for pre-harvest hemp testing but finished product enforcement is limited.', 'possession_limits': 'No legal possession threshold for cannabis. Any amount is criminal (second offense is a felony). Some cities have local decriminalization ordinances. Delta-8/THCa: no state-imposed limits.'}
🔗 Official Resources
Source: https://datcp.wi.gov/Pages/Programs_Services/IndustrialHemp.aspx
Frequently Asked Questions
Listed Attorneys (1) in Wisconsin
Cannabis and Hemp Law practice assisting clients with regulatory compliance, licensing, corporate formation, intellectual property, and FDA regulatory matters.
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