You cannot get a medical marijuana card in Wisconsin, because the state does not have a medical marijuana program. The closest thing available is a physician certification allowing possession of non-psychoactive cannabidiol (CBD) to treat a medical condition. That certification does not open the door to dispensaries or any THC-containing product, and Wisconsin does not recognize medical cards issued by other states.
What the CBD Physician Certification Actually Covers
Wisconsin created a narrow CBD exception in 2013 through Act 267, sometimes called Lydia’s Law, which originally applied only to seizure disorders.1Wisconsin State Legislature. 2013 Wisconsin Act 267 Act 4 in 2017 expanded the protection to any medical condition.2Wisconsin State Legislature. 2017 Wisconsin Act 4
Under the current statute, a licensed physician can issue written certification that a patient possesses CBD to treat a medical condition, valid for up to one year. A pharmacy or physician approved by the state’s controlled substances board can also dispense CBD for that purpose.3Wisconsin State Legislature. Wisconsin Statutes 961.38 – Prescriptions The CBD must be “in a form without a psychoactive effect,” which effectively means it cannot contain enough THC to produce a high.
The practical reach is small. There are no state-regulated dispensaries in Wisconsin, so there is no in-state source for medical-grade cannabis. Hemp-derived CBD containing less than 0.3% delta-9 THC is already federally legal and sold in ordinary retail stores without any certification. The physician certification mainly provides a legal shield for CBD products that might sit in a gray area under Wisconsin’s controlled substances laws.
What Happens If You Possess Marijuana Without a Program to Rely On
Wisconsin classifies THC as a Schedule I controlled substance.4Wisconsin State Legislature. Wisconsin Statutes Chapter 961, Subchapter II – Standards and Schedules5Wisconsin State Legislature. Wisconsin Code 961.41 – Possession, Manufacture, Delivery, Etc., of Controlled Substances6Wisconsin State Legislature. Wisconsin Statutes 939.50 – Classification of Felonies
“Subsequent” is broadly defined. Any prior conviction under Wisconsin’s controlled substances chapter, or under any federal or other state law involving controlled substances or marijuana, counts. A misdemeanor from another state years ago can be enough to turn a Wisconsin possession charge into a felony. Possession of drug paraphernalia carries its own penalty of up to $500 and up to 30 days in jail.7Wisconsin State Legislature. Wisconsin Statutes 961.573 – Possession of Drug Paraphernalia
Do Local Decriminalization Ordinances Protect You
More than a dozen Wisconsin cities and counties, including Madison, Milwaukee, Kenosha, Green Bay, Eau Claire, Racine, Oshkosh, and Stevens Point, have reduced local penalties for small-amount possession, in some cases to fines as low as $1. These ordinances are real, but they do not repeal state law. A county sheriff, state trooper, or district attorney can still charge you under state statutes for the same conduct. Local police in decriminalized cities generally issue municipal citations for small amounts, but a local ordinance is not a guarantee against state prosecution.
Hemp Products and Delta-8
Hemp-derived CBD products containing no more than 0.3% delta-9 THC by dry weight have been legal nationwide since the 2018 Farm Bill removed hemp from the federal Controlled Substances Act. No certification is required to buy them in Wisconsin.
Delta-8 THC is a different question. It is psychoactive and has been synthesized from legal hemp-derived CBD, and products are sold in Wisconsin, though the legal status has been contested. The legislature introduced SB 644 to regulate “intoxicating hemp products,” including delta-8, by limiting sales to adults 21 and older and imposing packaging, labeling, and testing requirements.8Wisconsin State Legislature. 2025 Senate Bill 644
Federal law is changing too. The 2025 federal spending legislation redefined hemp using total THC (including THCA) rather than only delta-9, and excluded synthetically derived cannabinoids like delta-8 from the hemp definition. Those provisions take effect on November 12, 2026, and will likely make most delta-8 products derived from CBD illegal under federal law regardless of what Wisconsin does. If you use delta-8 products, that deadline matters.
Buying in a Neighboring State and Bringing It Back
Illinois, Michigan, and Minnesota all permit recreational sales to adults 21 and older. Buying cannabis while visiting those states is legal under their laws. Transporting it back into Wisconsin is not. Crossing state lines with marijuana is a federal crime under 21 U.S.C. § 841 regardless of legality in either state; for amounts under 50 kilograms, an individual faces up to five years in prison and fines up to $250,000.9Office of the Law Revision Counsel. 21 U.S. Code 841 – Prohibited Acts A Federal authorities rarely pursue personal-use amounts across a state border, but you would still face Wisconsin possession charges once back in state.
Wisconsin does not recognize out-of-state medical marijuana cards. A card from Illinois, Michigan, or any other state carries no legal weight here.
Federal Consequences That Follow You Regardless
Firearms
Federal law bars anyone who is an “unlawful user of” a controlled substance from possessing, buying, shipping, or receiving firearms. Because marijuana remains Schedule I federally, regular use disqualifies you from gun ownership regardless of state legality. An ATF interim rule effective January 2026 clarified that “unlawful user” requires regular and recent use over an extended period rather than isolated incidents.10Federal Register. Revising Definition of Unlawful User of or Addicted to Controlled Substance Answering “no” on the federal firearms purchase form when you do use with any regularity is a separate federal crime.
Employment
Wisconsin has no state law protecting employees from adverse action based on off-duty marijuana use. Employers can maintain zero-tolerance policies and test for THC. Federal employees, federal contractors, and workers in DOT-regulated safety-sensitive positions face mandatory drug testing that still screens for THC, and federal agencies confirmed in early 2026 that those testing panels have not changed.
What Could Change This
Wisconsin has seen repeated medical cannabis proposals that have not become law. In October 2025, Senators Testin and Felzkowski introduced SB 534, which would create an Office of Medical Cannabis Regulation, license growers and dispensaries, register patients, and allow medical cannabis in forms like oils, edibles, tinctures, and patches, but not in smokable form.11Wisconsin State Legislature. 2025 Senate Bill 534 Whether it advances further than earlier attempts is unclear.
At the federal level, agencies recommended moving marijuana from Schedule I to Schedule III after a scientific review, and President Trump directed the attorney general to complete the rescheduling process. As of mid-2026, that process is not finalized. The Congressional Research Service has noted that rescheduling alone would not automatically bring state medical marijuana programs into federal compliance without additional legislation. For a Wisconsin resident, federal rescheduling by itself would not produce a medical card system or open dispensaries in the state. Until the legislature passes and the governor signs a medical cannabis bill, the answer to the card question stays no.