Wisconsin Medical Marijuana

Wisconsin does not allow cultivation of marijuana for medical use

Wis. Stat. § 961.34 (2) (2017) and § 961.38 (1n) (2017)

2017 Act No. 4
Definition of tetrahydrocannabinols and the use of cannabidiol
EFFECTIVE DATE: April 18, 2017

2013 Act No. 267 PDF
Providing that cannabidiol is not a tetrahydrocannabinol and dispensing cannabidiol as a treatment for a seizure disorder
EFFECTIVE DATE: April 17, 2014

Federal Penalties

21 U.S.C. § 841(b)(1)(A)(vii)
1000 kilograms (2204.62 pounds / 1.10231 tons) or more of a mixture or substance containing a detectable amount of marihuana, or 1,000 or more marihuana plants regardless of weight
$10/50 million — 10 years to life in prison

21 U.S.C. § 841(b)(1)(B)(vii)
100 kilograms (220.462 pounds / 0.110231 tons) or more of a mixture or substance containing a detectable amount of marihuana, or 100 or more marihuana plants regardless of weight
$5/25 million — 5 to 40 years in prison

21 U.S.C. § 841(b)(1)(C)
50 to 99 kilograms or 50 to 99 plants
$1/5 million — up to 20 years in prison

21 U.S.C. § 841(b)(1)(D)
less than 50 kilograms of marihuana, except in the case of 50 or more marihuana plants regardless of weight, 10 kilograms of hashish, or one kilogram of hashish oil,
$250,000/$1 million — up to 5 years in prison

21 U.S.C. § 844

Any person who violates this subsection may be sentenced to a term of imprisonment of not more than 1 year, and shall be fined a minimum of $1,000, or both,

except that if he commits such offense after a prior conviction under this subchapter or subchapter II of this chapter, or a prior conviction for any drug, narcotic, or chemical offense chargeable under the law of any State, has become final, he shall be sentenced to a term of imprisonment for not less than 15 days but not more than 2 years, and shall be fined a minimum of $2,500,L

except, further, that if he commits such offense after two or more prior convictions under this subchapter or subchapter II of this chapter, or two or more prior convictions for any drug, narcotic, or chemical offense chargeable under the law of any State, or a combination of two or more such offenses have become final, he shall be sentenced to a term of imprisonment for not less than 90 days but not more than 3 years, and shall be fined a minimum of $5,000.

21 U.S.C. § 844a

(a) In general Any individual who knowingly possesses a controlled substance that is listed in section 841(b)(1)(A) of this title in violation of section 844 of this title in an amount that, as specified by regulation of the Attorney General, is a personal use amount shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation.

(b) Income and net assets The income and net assets of an individual shall not be relevant to the determination whether to assess a civil penalty under this section or to prosecute the individual criminally. However, in determining the amount of a penalty under this section, the income and net assets of an individual shall be considered.

(c) Prior conviction A civil penalty may not be assessed under this section if the individual previously was convicted of a Federal or State offense relating to a controlled substance.

(d) Limitation on number of assessments A civil penalty may not be assessed on an individual under this section on more than two separate occasions.

(e) Assessment A civil penalty under this section may be assessed by the Attorney General only by an order made on the record after opportunity for a hearing in accordance with section 554 of title 5. The Attorney General shall provide written notice to the individual who is the subject of the proposed order informing the individual of the opportunity to receive such a hearing with respect to the proposed order. The hearing may be held only if the individual makes a request for the hearing before the expiration of the 30-day period beginning on the date such notice is issued.

Wisconsin Industrial Hemp

Wis. Stat. § 94.55 (2017); Wis. Stat. § 94.67 (2017); Wis. Stat. § 97.02 (2017); § 348.27(18)(a)(1)(f) (2017); Wis. Stat. § 961.14(4)(t)(2) (2017); Wis. Stat. § 961.32(3) (2017); Wis. Stat. § 961.442 (2017); Wis. Stat. § 961.55(9) (2017); Wis. Stat. § 973.01 (2017)

  • Allows the state Department of Agriculture, Trade and Consumer Protection (DATCP) to issue licenses to grow and process industrial hemp. GPS coordinates, fee payment and a criminal history search are required for licenses.
  • Allows a person without a license to possess, transport, sell, distribute or buy industrial hemp that was grown and processed by a person with a license.
  • Directs the DATCP to establish rules for licensing and establish a seed certification program.
  • Allows DATCP or an institution of higher education to create a pilot program to study industrial hemp. Native American tribes may also establish a pilot program with assistance from DATCP or an institution of higher education.
  • Amends the definition of agricultural commodity.

2017 Act No. 100
growing and processing industrial hemp, providing an exemption from emergency rule procedures, granting rule-making authority, making an appropriation, and providing a criminal penalty
EFFECTIVE DATE: December 1, 2017

Wisconsin Marijuana Classification

Wisconsin
Does Wisconsin have scheduling criteria? Yes
Are Wisconsin and federal criteria the same? Yes
Code citation of the schedules (see below)
Wisconsin Statutes §§ 961.13 through 961.22 (2015) PDF
Is marijuana listed in a schedule? No
Is scheduling by statute or administrative rule? Administrative
Is there an administrative process? No
How many schedules are there? 5
What schedule is marijuana in? None
When was marijuana criminalized? April 20, 1982

History

1989 Act No. 121 PDF
Amendments to Controlled Substances Act
EFFECTIVE DATE: January 19, 1990

1981 Act No. 206 PDF
Amendments to Controlled Substances Act
EFFECTIVE DATE: April 20, 1982

1971 Act No. 219 PDF
Uniform Controlled Substances Act
EFFECTIVE DATE: October 1, 1972

Page last updated on December 28, 2017