You cannot get a medical marijuana card in Wisconsin because the state does not have a medical marijuana program. The only state-sanctioned option is a physician certification that lets you possess non-psychoactive cannabidiol (CBD) to treat a medical condition, and that certification does not give you access to dispensaries or to any product containing meaningful amounts of THC.
What Wisconsin Does Offer: A CBD Physician Certification
Wisconsin created a narrow cannabidiol exception in 2013 through Act 267, often called Lydia’s Law, which originally covered only people with seizure disorders.1Wisconsin State Legislature. 2013 Wisconsin Act 267 In 2017, Act 4 expanded the protection to any medical condition.2Wisconsin State Legislature. 2017 Wisconsin Act 4
Under current law, a licensed physician can issue a written certification stating that you possess CBD to treat a medical condition. The certification is 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 has to be “in a form without a psychoactive effect,” which in practice means it cannot contain enough THC to produce a high.
This is not a medical marijuana card. There are no state-regulated dispensaries in Wisconsin, so the certification gives you nothing to walk into. Hemp-derived CBD products with less than 0.3% delta-9 THC are already federally legal and sold without any paperwork at retail. The certification’s real function is a legal shield if you possess a CBD product that sits in a gray area, such as an extract with trace THC that might otherwise attract scrutiny under Wisconsin’s controlled substances laws.
What Possession Looks Like Without a Card
Because no card exists, Wisconsin treats any THC-containing marijuana the same whether or not you have a medical reason for using it. The state classifies THC as a Schedule I controlled substance.4Wisconsin State Legislature. Wisconsin Statutes Chapter 961, Subchapter II – Standards and Schedules Possession penalties depend on your record:
- First offense: a misdemeanor carrying a fine of up to $1,000, up to six months in jail, or both.5Wisconsin State Legislature. Wisconsin Code 961.41 – Possession, Manufacture, Delivery, Etc., of Controlled Substances
- Second or subsequent offense: a Class I felony punishable by a fine of up to $10,000, imprisonment of up to three years and six months, or both.5Wisconsin State Legislature. Wisconsin Code 961.41 – Possession, Manufacture, Delivery, Etc., of Controlled Substances6Wisconsin State Legislature. Wisconsin Statutes 939.50 – Classification of Felonies
An offense counts as “subsequent” if you have any prior conviction under Wisconsin’s controlled substances chapter or under any federal or other state law involving controlled substances or marijuana. The reach is broad. A misdemeanor conviction from another state years ago can turn a Wisconsin possession charge into a felony.
Paraphernalia possession is a separate offense carrying up to $500 in fines, up to 30 days in jail, or both.7Wisconsin State Legislature. Wisconsin Statutes 961.573 – Possession of Drug Paraphernalia
Local Decriminalization Is Not a Substitute
More than a dozen Wisconsin cities and counties have reduced local penalties for small amounts. Madison imposes a $1 fine for possessing up to 28 grams. Milwaukee treats possession of up to 25 grams as a $50 municipal citation. Kenosha has a $1 fine for up to 25 grams. Green Bay, Eau Claire, Racine, Oshkosh, and Stevens Point have passed similar measures, with fines generally ranging from $1 to $500.
A local ordinance reduces what city police and prosecutors will pursue, but it does not change state law. A county sheriff, state trooper, or district attorney can still charge you under the state statutes, where the same amount is a misdemeanor or felony. Local police in decriminalized cities often issue municipal citations for small amounts, but that practice is not a guarantee against criminal prosecution.
Out-of-State Cards and Dispensaries Across the Border
Illinois, Michigan, and Minnesota all allow recreational marijuana sales to adults 21 and older, so a dispensary may be a short drive from your home. Buying cannabis in those states as a visitor is legal under their laws. Bringing any of it back into Wisconsin is not.
Transporting marijuana across state lines is a federal crime under 21 U.S.C. § 841, regardless of either state’s rules.8Office of the Law Revision Counsel. 21 U.S. Code 841 – Prohibited Acts A For amounts under 50 kilograms, federal penalties include up to five years in prison and fines up to $250,000 for an individual. Federal authorities rarely pursue personal-use amounts at the border between two states, but you would still face Wisconsin state charges for possession once you cross back. No medical marijuana card from any state provides protection for interstate transport.
Wisconsin also does not recognize out-of-state medical marijuana cards. A card from Illinois, Michigan, Minnesota, or anywhere else carries no legal weight within Wisconsin.
Legislation That Could Create a Card System
Wisconsin has seen repeated attempts to create a medical cannabis program, and none have become law. In 2024, a Republican-backed bill proposing state-run dispensaries with limited qualifying conditions drew attention but stalled. In October 2025, Senators Testin and Felzkowski introduced SB 534, a more detailed medical cannabis bill that would create an Office of Medical Cannabis Regulation, license growers and dispensaries, register patients, and allow medical cannabis products in oils, edibles, tinctures, and patches, though not in smokable form.9Wisconsin State Legislature. 2025 Senate Bill 534 Whether SB 534 moves further than its predecessors is still open.
At the federal level, agencies have recommended moving marijuana from Schedule I to Schedule III, and the attorney general was directed to complete that process. As of mid-2026, it has not been finalized. Even if rescheduling happens, the Congressional Research Service has noted it would not automatically bring state medical marijuana programs into compliance with federal law without additional legislation. Federal rescheduling on its own would not create a Wisconsin medical marijuana card or open dispensaries in the state.
Until the legislature passes and the governor signs a comprehensive medical cannabis bill, your only state-recognized option remains a physician certification for non-psychoactive CBD. For THC-containing products, Wisconsin treats you the same as any other resident, with no medical defense available.