Lawmakers have introduced a bill (LRB 25-1726) in both houses of the Wisconsin legislature to legalize and regulate medical marijuana. If passed, Wisconsin would be the 41st state to legalize medical cannabis.
The bill was introduced in the Senate on Sept. 29, 2025, by President Mary Felzkowski, R-Tomahawk, and Senate President Pro Tempore Patrick Testin.
The bill comes on the heels of anticipated federal action, including statements by the Trump administration about cannabis rescheduling for purposes of the Controlled Substance Act (CSA) and legislation re-introduced late in the summer in the U.S. House of Representatives to federally legalize cannabis by removing it entirely from the CSA.
Clyde Tinnen, Columbia 2006, is a partner in the Milwaukee office of Foley & Lardner LLP. He focuses his practice on corporate law matters, including finance and securities law, banking, private equity, and investment management.
Regulation and Licensing Framework
The Wisconsin bill creates the Office of Medical Cannabis Regulation within the state's Department of Health Services to manage a patient and caregiver registry, oversee dispensaries, and handle compliance.
The Wisconsin Department of Agriculture, Trade and Consumer Protection is tasked with licensing and regulating cannabis growers, medical cannabis processors, and testing laboratories.
Licensing requirements for growers, processors, laboratories, and dispensaries include:
- residency standards (80% of principal officers must be Wisconsin residents);
- no relevant criminal convictions within 10 years;
- no financial conflicts with other cannabis sectors; and
- security measures, inspections, and annual fees ($10,000 for growers/processors, $5,000 for labs/dispensaries).
Advertising to the public is mostly prohibited.
The program bans smoking forms of cannabis, allowing only concentrates, oils, tinctures, edibles, and other specified non-smokable forms. Medical cannabis products must be child-resistant packaged; labeled with cannabinoid content, lot numbers, and warnings; and tested for contaminants before sale.
Patient and Dispensary Requirements
The patient registry requires proof of residency, age, qualifying medical conditions (e.g., cancer, epilepsy, glaucoma, severe chronic pain, terminal illness), and a prescriber’s written confirmation valid for two years. Minors need parental/guardian consent.
Patients may designate up to three caregivers that meet age, residency, and background qualifications. Patients and caregivers can possess medical cannabis only in specified locations, in amounts consistent with dosage recommendations, and must carry registry ID cards.
Dispensaries must employ qualified pharmacists to consult with new patients before dispensing and record dosages in the registry. Initial dispensing limits are 30 days’ supply; thereafter, up to 90 days’ supply.
Dispensaries must input transactions and inventory into a statewide seed-to-sale tracking system integrated with third-party inventory platforms.
The bill adds medical cannabis to the Prescription Drug Monitoring Program (PDMP) and requires dispensary pharmacists to review PDMP records before dispensing.
Legal Protections, Employer Policies and Tax Exemptions
Legal protections are provided: registered patients, caregivers, and licensed entities acting within program rules are exempt from state criminal penalties for possession, manufacturing, or delivery. Lawful medical cannabis use cannot be used against individuals in child custody cases or housing decisions.
The bill clarifies employer rights: businesses are not required to accommodate medical cannabis use, and may enforce drug-free workplace policies, deny employment, or discipline workers based on cannabis use or positive THC tests.
It prohibits local governments from regulating licensed medical cannabis businesses or lawful use and possession, and exempts medical cannabis sales from state sales tax.
This article was originally published on the State Bar of Wisconsin’s Business Law Blog. Visit the State Bar sections or the Business Law Section webpages to learn more about the benefits of section membership.
