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Marijuana Considerations & Laws In Wisconsin

Medical
Marijuana Law:

Recreational
Marijuana Law:

No Broad Laws
Legalizing Marijuana*:

*In these states, marijuana is either totally illegal, or there may be laws decriminalizing possession, or use of marijuana, or, the state may have a CBD law legalizing THC at a level constituting marijuana-derived CBD.


Employers have so many questions! Learn More About Workplace Considerations for Marijuana Use.

What are the impacting issues of marijuana use? Review Our Checklist of Impacting Issues to Research.

Employment Information

Employer Concerns

  • Wisconsin’s law allows patients with a letter from their physician to possess CBD treatments. It appears the CBD must be hemp-derived and have no greater than 0.3% THC.  Further, it appears access is legally regulated by the Controlled Substances Board of the Wisconsin Department of Safety and Professional Services.
  • Although Wisconsin is drug-testing friendly without restrictions, there is required drug testing, which includes marijuana, for employees working on public works projects.

Testing

  • There is required drug testing, which includes marijuana, for employees working on public works projects.

Discipline

  • An employee who refuses a test or who tests positive for marijuana on a public works project is barred from that employment.

Other Impacting Laws (e.g. drug testing, workers’ compensation, unemployment)

  • There is required drug testing, which includes marijuana, for employees working on public works projects.
  • Impaired driving has zero-tolerance for delta-9-THC with an affirmative defense being that, at the time of the offense, the driver had a valid prescription for the substance (although a physician’s recommendation is not considered to be a prescription).
  • If the injury is due to use of a controlled substance, the workers’ compensation benefit provided shall be reduced 15%, not to exceed $15,000 reduction.
  • An employee who is discharged for misconduct, which includes refusing a drug test or testing positive for marijuana, will be ineligible for unemployment benefits.

Sources (e.g. Bill Number, Authority)

  • Lydia’s Law – CBD related
  • Senate Bill 10 – CBD related
  • Act 4 – CBD related
  • Wisconsin Stat. 103.503(3) – Drug testing related
  • Wisconsin Stat. 108.04 – Unemployment related
  • Wisconsin Stat. 102.58 – Workers’ compensation related

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DISCLAIMER: This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.

CAUTION: Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).