Wisconsin Legal Information
In 2014, Wisconsin passed AB 726, which creates a legal right for patients with seizure disorders to possess and use CBD-rich medicines if they have a written recommendation. The law allows medical practitioners to dispense CBD but provides no guidance on how they may obtain it, nor does the law address production or distribution. The law only removes criminal penalties for CBD and does not authorize the possession or use of THC in any quantity. Nearly all CBD-rich products have at least some amount of THC, making the production of qualifying medicine practically impossible.
In This Section
Wisconsin’s first medical marijuana law took effect in 2014, protecting an extremely narrow class of people. Otherwise known as a CBD-only bill, patients must be diagnosed with a seizure disorder to receive legal protection and may not possess cannabis that can produce psychoactive effects. In 2017, the CBD-only program was opened up to any patient with any medical condition.
In order to become a medical cannabis patient in Wisconsin, a person must obtain official documentation from their physician which states that they have been diagnosed with a seizure disorder. A doctor’s authorization allows the patient to use and possess only forms of cannabis which do not produce a psychoactive effect. Although precise concentration of cannabidiol is not specified under Wisconsin law, it is generally understood that cannabis containing less than 0.03% THC will not produce a psychoactive effect. Wisconsin’s limited-use law does not apply to those who suffer from other debilitating medical conditions, such as cancer or Multiple Sclerosis, nor patients whose doctors advise them to use higher THC:CBD ratios.
In Wisconsin, physicians may obtain an investigational drug permit to dispense cannabidiol in non-psychoactive forms. Alternatively, physicians can provide a patient with official documentation that states that the individual is authorized to possess non-psychoactive forms of cannabis to treat a seizure disorder.
Caregivers, cultivators, and providers are not covered in Wisconsin's current law.
Unfortunately, patients, caregivers, and providers are still vulnerable to federal and state arrests, prosecutions, and incarceration. They also suffer pervasive discrimination in employment, child custody, housing, public accommodation, education and medical care.