Wisconsin Hemp Licensing & Medical Marijuana Information
Medical and Recreational Marijuana
Wisconsin remains one of the few states without a comprehensive medical cannabis program or legalized recreational cannabis. Despite being surrounded by states with either adult-use or medical use cannabis programs, Wisconsin has been slow to adopt cannabis legalization or reform. Currently, cannabis possession in Wisconsin can result in jail time, making it one of the more restrictive states regarding cannabis laws.
Legal Penalties
- First-time Possession: Considered a misdemeanor with penalties of up to 6 months of incarceration and a maximum fine of $1,000.
- Subsequent Offenses: Considered felony charges with penalties of up to 3.5 years of incarceration and a maximum fine of $10,000.
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Past Legislative Efforts
In April 2022, Wisconsin legislators held a public hearing to discuss SB1034, a bill aimed at legalizing medical cannabis in a limited fashion. This bill would not allow for raw cannabis flower to be provided to patients, reflecting a highly restrictive approach. While the bill has not yet passed, the hearing marked a significant step forward in the state’s cannabis legalization efforts, which have historically faced significant opposition.
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Historical Efforts
- 2018: Governor Tony Evers introduced a medical cannabis legalization program and a decriminalization effort. However, these measures were removed from the budget by the Joint Finance Committee.
- 2021: Gov. Evers reintroduced medical and adult-use cannabis measures in his budget proposal. SB545, focusing on both medical and adult-use cannabis legalization, was introduced by several advocates.
- 2009: The first introduction of a cannabis legalization-related bill in Wisconsin, with multiple unsuccessful efforts since then.
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Given the current legal restrictions, there is no legal cannabis industry in Wisconsin. The state’s business climate remains unaffected by cannabis operations, unlike its neighboring states where cannabis businesses contribute to the economy.
Future Outlook
The ongoing discussions and hearings suggest a gradual shift towards potential legalization. However, significant opposition remains, particularly from Republican lawmakers who have historically blocked cannabis reform efforts.
Hemp
Wisconsin legalized hemp cultivation with the passage of Senate Bill 119 in 2017, which was further supported by the federal 2018 Farm Bill. These laws have enabled the growth of the hemp industry within the state. The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) oversees the hemp program, ensuring compliance with state and federal regulations.
Types of Licenses
The DATCP offers two primary types of hemp licenses:
- Hemp Grower License: Permits the cultivation of industrial hemp.
- Hemp Processor License: Allows for the processing of hemp into various products.
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Costs of Acquisition
- Application Fees:
- Hemp Grower License: $150
- Hemp Processor License: $150
- Annual Licensing Fees:
- Fees range from $150 to $1,000 depending on the scale of the operation.
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Application Process
- Pre-Application Preparation:
- Research Requirements: Understand all relevant state and federal regulations.
- Secure Location: Ensure the proposed site complies with zoning and land use laws.
- Develop Business Plan: Prepare necessary documentation, including security plans, operational procedures, and financial plans.
- Submit Application:
- Complete Forms: Fill out the appropriate application forms available on the DATCP website.
- Pay Fees: Submit the non-refundable application fee.
- Provide Documentation: Include detailed site plans, proof of legal access to the site, and financial statements.
- Application Review:
- DATCP Review: The DATCP reviews applications to ensure compliance with state and federal laws.
- Background Checks: Conducted on all applicants and key personnel.
- Inspection:
- Site Inspection: The DATCP conducts on-site inspections to verify compliance with regulatory standards.
- Licensing:
- Issuance: Upon successful review and inspection, the DATCP issues the license.
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Restrictions and Compliance
Hemp businesses in Wisconsin must adhere to various restrictions and compliance requirements:
- THC Testing: All hemp and hemp products must be tested to ensure THC levels do not exceed 0.3% on a dry weight basis. Testing must be conducted by a DATCP-approved laboratory.
- Record Keeping: Licensees must maintain detailed records of planting, harvesting, and processing activities, which must be made available to the DATCP upon request.
- Reporting Requirements: Regular reports detailing cultivation and production activities must be submitted to the DATCP to ensure ongoing compliance.
- Zoning and Land Use: Cultivation and processing sites must comply with local zoning regulations, including restrictions on proximity to schools, residential areas, and other sensitive locations.
Psychedelics
- State Scheduling of Psychedelics: Psychedelics such as psilocybin, LSD, and MDMA are classified as Schedule I controlled substances under both federal and Wisconsin state law, indicating they have a high potential for abuse, no accepted medical use, and a lack of accepted safety for use under medical supervision.
- Ketamine Laws and Telehealth Laws: Ketamine, classified as a Schedule III controlled substance, is legally available for medical use in Wisconsin, primarily for anesthesia and treatment-resistant depression. Wisconsin’s telehealth laws permit the prescription of controlled substances, including ketamine, under specific conditions. Licensed healthcare providers can offer medical services, including the prescription of controlled substances, through telehealth platforms following proper assessment and compliance with regulations.
- State Right to Try: Wisconsin’s Right to Try law allows terminally ill patients to access investigational treatments not yet approved by the FDA. This law provides a potential pathway for the use of investigational psychedelics under specific conditions.
- State Religious Exemptions: Wisconsin does not have specific statutory exemptions for the religious use of psychedelics. However, religious freedom is protected under both the federal Religious Freedom Restoration Act (RFRA) and the Wisconsin Constitution. Claims for religious use of psychedelics would likely face significant legal challenges due to their Schedule I status.
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Check Other States Licensing Guide
- Adult Use
- Medical
- Limited Medical
- Illegal
Where to Find Us
Address
Contact INFO
PHONE:Â 786-526-1155
EMAIL:Â info@mrcannabislaw.com
