Best Cannabis Law Lawyers in Wisconsin

About Cannabis Law in Wisconsin, United States

Cannabis law in Wisconsin is strict when compared to many other states in the United States. As of 2024, cannabis remains illegal for recreational use in Wisconsin, and medical marijuana is only available under very limited circumstances. Small amounts of cannabis possession, sale, and cultivation are criminal offenses and can result in significant legal penalties. Only hemp-derived CBD products with less than 0.3 percent THC are legal for qualifying patients with a physician's recommendation. The landscape is subject to change as public support for legalization grows, but for now, strict prohibitions remain in effect.

Why You May Need a Lawyer

Individuals might require legal assistance regarding cannabis law in Wisconsin for several reasons:

• Being charged with possession, manufacture, or distribution of cannabis
• Facing criminal penalties, fines, or driver’s license suspension related to cannabis offenses
• Questions about the legality of hemp-derived products (like CBD)
• Employment issues, such as drug testing or wrongful termination involving cannabis
• Understanding rights during searches or arrests related to suspected cannabis possession or use
• Assisting with expungement or record sealing for past cannabis convictions
• Providing guidance for businesses or individuals interested in emerging cannabis and hemp markets

Local Laws Overview

Wisconsin law prohibits the recreational use, possession, distribution, and cultivation of marijuana. Offenses commonly include:

• Possession: Even small amounts of marijuana are a misdemeanor for first offenses and can become felonies for subsequent offenses.
• Medical Use: Only very limited forms of medical CBD oil with low THC are permitted for seizure disorders and only with a prescription and documentation.
• Sale and Distribution: Selling or distributing cannabis is always a felony, with penalties increasing based on amount and proximity to certain locations like schools.
• Paraphernalia: Possession of paraphernalia associated with marijuana use is also illegal and subject to fines.
• Hemp and CBD: Laws were updated to permit use and sale of hemp-derived CBD with less than 0.3 percent THC, but only if it meets regulatory requirements and is properly labeled.
• Municipal Ordinances: Some local governments in cities like Madison have reduced penalties for minor possession, but these changes do not affect state law enforcement.

It is important to understand that federal law still classifies marijuana as a Schedule I controlled substance, so federal penalties may also apply in some circumstances.

Frequently Asked Questions

Is cannabis legal in any form in Wisconsin?

Cannabis is illegal for recreational use in Wisconsin. Only hemp-derived CBD oil with very low THC is allowed for certain qualifying patients.

Can I get a prescription for medical marijuana in Wisconsin?

No, full-spectrum medical marijuana is not legal. Only non-psychoactive CBD oil may be recommended by a physician for seizure disorders and must contain less than 0.3 percent THC.

What are the penalties for possessing marijuana in Wisconsin?

A first offense is typically a misdemeanor, potentially resulting in jail time up to six months and a maximum fine of 1000 dollars. Subsequent offenses may be charged as felonies, carrying much harsher penalties.

Is it legal to grow marijuana plants for personal use?

No, cultivation of marijuana plants for any purpose is illegal and can result in felony charges.

Are there any exceptions for cannabidiol (CBD) products?

Yes, CBD products derived from legally grown hemp with less than 0.3 percent THC are allowed for qualifying patients with a doctor's note. However, all CBD must be properly labeled and meet strict state regulations.

What should I do if I am arrested for cannabis possession?

Remain calm, exercise your right to remain silent, and consult with an experienced criminal defense attorney familiar with cannabis law in Wisconsin as soon as possible.

Can I lose my job in Wisconsin for testing positive for marijuana?

Yes, most employers in Wisconsin can terminate or refuse to hire employees who test positive for marijuana, regardless of whether it was used legally in another state.

Are there expungement options for cannabis convictions?

In some cases, it may be possible to have first-time, low-level non-violent cannabis convictions expunged, especially if the offense was committed before the age of 25, but this is not guaranteed.

What are the risks of transporting cannabis across state lines?

Transporting cannabis across state lines, including from a neighboring state where it may be legal, is a federal crime and can result in severe penalties.

Can cities or counties in Wisconsin legalize marijuana independently?

No, municipal governments can reduce penalties or deprioritize enforcement for minor offenses, but they cannot legalize or override state cannabis laws.

Additional Resources

• Wisconsin Department of Justice (DOJ) - information on criminal penalties and enforcement
• Wisconsin Department of Health Services (DHS) - information on CBD and eligible conditions
• State Bar of Wisconsin - lawyer referral and information service
• Local public defender's offices for free or low-cost criminal defense help
• National Organization for the Reform of Marijuana Laws (NORML) - state legal updates and advocacy

Next Steps

If you are facing legal issues or have questions regarding cannabis law in Wisconsin, it is vital to consult with a licensed attorney who has experience in this area. Gather all relevant documents and facts about your case beforehand. You may contact the State Bar of Wisconsin for a referral or search for attorneys who specialize in criminal defense, particularly those familiar with drug law. Do not discuss your case with law enforcement or others until you have spoken with legal counsel to avoid jeopardizing your rights or case outcome.