Marijuana laws in Wisconsin
On behalf of J. Kippa Law, LLC | February 22, 2018
There are constant changes to marijuana laws across the country in recent years. Multiple states are legalizing marijuana for medicinal and recreational purposes and the national attitude about the drug is shifting. Many municipalities and states also decriminalize the drug.
Because of these adjustments, it can be difficult to keep track of the laws in Wisconsin. Where exactly does the Badger State stand on cannabis?
Wisconsin passed a bill in 2014 legalizing a medicinal form of marijuana known as cannabidiol (CBD). Originally, it was only legal to control seizures. However, ever since a new law went into effect in April 2017, any patient can have CBD with written approval from a doctor. People use it to treat various conditions, including:
- Chronic pain
- Digestive problems
Despite the legality of CBD in Wisconsin, it is important to note that this is a drastically different form of cannabis. It does not make users high because it has very minimal levels of THC. Therefore, the medicinal use of marijuana has limitations in Wisconsin.
Wisconsin recreational marijuana laws
Although CBD is legal and there are legislative attempts to fully legalize pot, marijuana remains illegal for recreational purposes. Even simple possession is a misdemeanor with maximum fines of $1,000 and jail time of six months. Selling the drug is a felony, of course, with the exception of a physician or pharmacy that dispenses CBD for medical treatments.
It is worth remembering that federal law always trumps state law, even when it comes to medical marijuana. This means that federal agencies may enforce the law against those who use CBD. While this is unlikely, it is still possible. The federal government has the power to penalize everything relating to marijuana.
If law enforcement arrests someone for marijuana possession or use in Wisconsin, he or she will likely face harsh criminal charges and will need a strong criminal defense.