Is Weed Legal In Wisconsin In 2023? Wisconsin Law Explained
As of 2023, marijuana remains illegal for recreational use in Wisconsin, and it is classified as a Schedule I controlled substance under state law. This means that it is unlawful to possess, use, sell, or cultivate marijuana for non-medical purposes. While there is a legal framework for medical marijuana in the state, recreational use remains prohibited.
Medical Marijuana in Wisconsin
Wisconsin has taken steps to provide access to medical marijuana for patients with specific qualifying conditions. However, the eligibility criteria are quite strict, and the number of qualifying conditions is limited. Patients who meet these criteria must obtain a medical marijuana card from the state before they can legally purchase and use medical marijuana. Some of the qualifying conditions include cancer, epilepsy, and chronic pain.
Individuals with a valid medical marijuana card are allowed to possess up to 90 days’ worth of marijuana for personal use. They can also purchase medical marijuana from state-licensed dispensaries, ensuring that they are using the substance for therapeutic purposes under the supervision of medical professionals.
Recreational Marijuana in Wisconsin
Recreational marijuana use, on the other hand, remains illegal in Wisconsin in 2023. While the topic has been under debate, and various bills aiming to legalize recreational use have been proposed in the Wisconsin legislature, none of these bills have successfully passed. As a result, the state continues to strictly prohibit recreational marijuana use and possession.
This prohibition extends to the possession, use, sale, and cultivation of marijuana. The legal framework in Wisconsin sets out strict penalties for individuals caught engaging in these activities without a valid license or medical marijuana card.
Wisconsin Marijuana Laws
Here’s a breakdown of Wisconsin’s marijuana laws and the associated penalties for violations:
1. Possession:
- Possession of less than 25 grams: Misdemeanor, punishable by up to 6 months in jail and/or a fine of up to $1,000.
- Possession of 25 grams to 200 grams: Misdemeanor, punishable by up to 3.5 years in prison and/or a fine of up to $10,000.
- Possession of more than 200 grams: Felony, punishable by up to 15 years in prison and/or a fine of up to $100,000.
2. Use:
- Use of marijuana without a valid medical marijuana card carries the same penalties as possession.
3. Sale:
- Selling marijuana without a valid license is illegal and comes with the following penalties:
- Sale of less than 25 grams: Misdemeanor, punishable by up to 6 months in jail and/or a fine of up to $1,000.
- Sale of 25 grams to 200 grams: Felony, punishable by up to 3.5 years in prison and/or a fine of up to $10,000.
- Sale of more than 200 grams: Felony, punishable by up to 15 years in prison and/or a fine of up to $100,000.
4. Cultivation:
- Cultivating marijuana without a valid license is also illegal and carries the following penalties:
- Cultivation of less than 25 plants: Misdemeanor, punishable by up to 6 months in jail and/or a fine of up to $1,000.
- Cultivation of 25 plants to 50 plants: Felony, punishable by up to 3.5 years in prison and/or a fine of up to $10,000.
- Cultivation of more than 50 plants: Felony, punishable by up to 15 years in prison and/or a fine of up to $100,000.
In addition to these legal penalties, individuals convicted of marijuana offenses in Wisconsin may face other consequences, such as the loss of their driver’s license, the suspension of professional licenses, difficulties finding employment, housing, or securing financial aid.
Consult an Attorney
Given the stringent enforcement of marijuana laws in Wisconsin, it is crucial for residents and visitors to the state to be aware of the legal consequences associated with the possession, use, sale, and cultivation of marijuana. Even a misdemeanor conviction can have lasting negative effects on one’s life.
For those who have questions or concerns about the legal status of marijuana in Wisconsin, it is advisable to consult with an attorney who can provide guidance and legal advice. As the landscape of marijuana laws evolves, staying informed and seeking professional assistance is essential to ensure compliance with Wisconsin’s current laws and regulations.
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FAQ’s
Q. Is it legal to smoke weed in Wisconsin?
No, it is not legal to smoke weed in Wisconsin, either recreationally or medicinally. Possession of any amount of marijuana is a misdemeanor, punishable by up to 6 months in prison and a $1,000 fine for a first offense. A second offense is punished as a felony with up to 3.5 years in prison and up to a $10,000 fine.
Q. Is Wisconsin a no-tolerance state for weed?
Yes, Wisconsin is a zero-tolerance state for weed when it comes to driving. This means that any detectable amount of THC, the psychoactive ingredient in marijuana, in a driver’s blood can result in a driving under the influence (DUI) or operating while intoxicated (OWI) charge.
Q. Do they have dispensaries in Wisconsin?
No, there are no dispensaries in Wisconsin that sell cannabis for recreational or medical use.
Q. What happens if you get caught growing weed in Wisconsin?
Cannabis plant cultivation is absolutely prohibited in Wisconsin. If you are caught growing even one plant for personal use, you may face criminal charges. The charge is likely to be more serious if you had more plants. A person in charge of a large grow operation may be imprisoned for many years.
