How did drug laws change in Wisconsin in 2025? Our criminal defense attorneys explain.
Wisconsin has quickly fallen behind the pack when it comes to marijuana legalization. The recreational use of cannabis is legal in 24 states, three territories, and Washington D.C. It’s legal for medical purposes in 40 states. Wisconsin, unfortunately, is not one of them.
And while these two measures show Wisconsin lawmakers are focused on draconian penalties and a curious refusal to legalize recreational marijuana, there’s still a little hope. Senator Dianne Hesselbein announced plans to reintroduce medical marijuana legalization bills in upcoming sessions. It’s not much, but it’s a start.
At Van Severen Law Office, our criminal defense attorneys regularly represent individuals facing drug crimes. We recognize how harsh the penalties throughout the state can be, but we’re prepared to fight for our clients facing these charges. If you’re facing a criminal allegation regarding possession of marijuana, delivery of a controlled substance resulting in death, or any other criminal charge, we can help. Contact us at (414) 270-0202 to discuss your case and to set up a time to discuss your case with us.
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Wisconsin lawmakers fail to legalize recreational marijuana:
In his 2025-2027 state budget proposal, Wisconsin Governor Tony Evers included a plan to legalize and regulate recreational and medical cannabis. He did so with companion bills AB50 and SB45. His proposal would have allowed individuals 21 and older to purchase and possess limited amounts of marijuana statewide. Specifically, users would have been able to possess a maximum of two ounces of marijuana and cultivate up to six plants at home.
Unfortunately, politics got in the way of the approval. The Republican-controlled Wisconsin Joint Finance Committee struck the proposal from the budget. On May 8, 2025, members voted to remove more than 600 other items from the governor’s proposal. Curiously, this decision is contrary to the desires of many Wisconsinites: in 2018, Wisconsin voters were presented with an advisory referendum focused on the legalization of both medical and recreational marijuana. The referendums were approved in Milwaukee, Dane, Eau Claire, La Crosse, Racine, and Rock counties. In Waukesha, 77% of voters supported legal medical marijuana and believed it should be treated as a prescription drug. Ten other counties supported medical legalization: Clark, 67%; Brown, 75%; Forest, 78%; Kenosha, 88%; Langlade, 77%; Lincoln, 81%; Marathon, 82%; Marquette, 78%; Portage, 83%; and Sauk, 80%.
Supporters of legalization also pointed to a February 2025 survey conducted by Marquette University Law School. That poll indicated 63% of the state’s registered voters supported adult recreational use, and 86% supported medical cannabis legalization.
Governor Evers projected that legalizing and taxing marijuana would generate more than $58 million in state revenue in the fiscal year 2026-2027 and “growing amounts” in future years. He concluded that “Republican lawmakers shouldn’t be able to ignore the will of the people and then prevent the people from having a voice when the Legislature fails to listen. That has to change.”
What does the future hold for legal marijuana in Wisconsin?
Although we’re clearly behind the majority of states, there’s still hope for legal marijuana in Wisconsin. There’s been some problematic news regarding GOP governor candidate Bill Berrien, but he appears open to legalization. “I would be open to considering different opportunities there,” he said, referring to current marijuana policy. “Maybe around taking THC-infused drinks and pushing those tax funds towards corporate attraction, business attraction, business investment. So, open to considering some of those ideas.” While many THC-infused drinks are already legal via the 2018 Farm Bill, the receptiveness is welcomed.
Senate Minority Leader Dianna Hesselbein touched on the issue during the Democratic Party of Wisconsin’s 2025 convention. She expressed hope for the Democratic agenda if the party wins a legislative majority in next year’s elections. While speaking about broad goals for the party, she indicated “we will also legalize cannabis.”
In February, Assembly Majority Leader Rep. Tyler August also showed support for legalization. “I don’t think anyone is naive enough to think that marijuana and THC products aren’t present in the state of Wisconsin when they are readily available over state lines, so I think we need to come to an answer on this. I’m hopeful we can.”
Moving forward with policy that helps fund projects throughout our state and is supported by the majority of Wisconsinites seems like a no-brainer to us.
The status of hemp-derived THC in Wisconsin:
Last week, five GOP state legislators proposed legislation to close a “loophole” that allows for hemp-derived THC products to be sold in Wisconsin. While the law seems clear to us, and not a “loophole” in any sense of the word, they’re still trying to shut down producers and sellers of the products.
The lawmakers supporting this ban are Lindee Brill of Sheboygan Falls (lead sponsor), Jim Piwowarczyk of Hubertus, Chuck Wichgers of Muskego, Bob Donovan of Greenfield, and Chris Kapenga of Delafield. In a statement, the lawmakers indicated they were concerned about a “sharp rise in delta-8 THC poisonings in young children.”
The hang-up seems to focus on the fact that the 2018 Farm Bill legalized the cultivation of hemp by defining it as Cannabis sativa with a delta-9 THC concentration of less than 0.3% by dry weight. It did not place limits on other cannabinoids or intoxicating derivatives that could be produced from the hemp. In effect, the law allowed creative manufacturers to exploit this gap: they can extract non-intoxicating cannabinoids like cannabidiol (CBD) from hemp and convert them into psychoactive compounds like delta-8 and delta-10. The other common workout involved tetrahydrocannabinolic acid (THCa), the precursor to delta-9 THC in the raw cannabis plant. THCa is not psychoactive on its own, but converts to delta-9 THC when heated. Due to this fact, it’s not explicitly regulated.
Charged with possession, manufacturing, or delivering marijuana?
We can help. Van Severen Law Office, S.C. is a Wisconsin criminal defense law firm that regularly helps individuals charged with drug crimes. While some lawmakers are pushing for a softening of the laws regarding this substance, it’s still a very serious criminal charge. A second-offense possession of THC offense in Wisconsin is a felony. That means that in 2025 in Wisconsin you can still go to prison for simply possessing a small amount of weed.
Our criminal defense attorneys offer free consultations to potential clients. We see this as a risk-free way for you to consider our firm, ask questions, and meet with our criminal defense attorneys. At the conclusion, we’ll discuss options for moving forward with our firm and our exact fees. We’re available 24/7, so call us now at (414) 270-0202.