Wisconsin senators are set to take up a newly filed Republican-led bill that would legalize medical marijuana in the state next week.
Senate President Mary Felzkowski (R), who’s previously sponsored medical cannabis legislation in past sessions, formally introduced the new legislation alongside Sen. Patrick Testin (R) on Wednesday. This comes about two weeks after the GOP leader previewed the proposal, as well as an Assembly companion version from Assemblymember Patrick Snyder (R) and other House members.
Now that it’s been filed, the Senate Health Committee is scheduled to take it up at a hearing next Wednesday.
Wisconsin’s GOP Assembly speaker said last week that he hopes lawmakers in the state can “find a consensus” on legislation to legalize medical marijuana. But he added that the new cannabis bill filed by his Republican leadership counterpart in the Senate is “unlikely” to pass his chamber because it is “way too broad and way too wide-ranging.”
As the 2025 session was set to get underway, Felzkowski said she was “hoping to have a conversation” in the legislature about legalizing medical marijuana this year—though the Republican Assembly speaker still represented “an obstacle,” she added.
Here are the key provisions of the Senate president’s latest medical marijuana bill that’s scheduled to go before committee:
- Qualifying conditions for patients would include cancer, HIV/AIDS, post-traumatic stress disorder, seizures or epilepsy, glaucoma, severe chronic pain, severe muscle spasms, severe chronic nausea, Alzheimer’s disease, Parkinson’s disease, amyotrophic lateral sclerosis, multiple sclerosis, inflammatory bowel disease, chronic motor or vocal tic disorder, Tourette syndrome and any terminal illness with a probable life expectancy of less than one year.
- Allowable forms of medical cannabis products would include concentrates, oils, tinctures, edibles, pills, topical forms, gels, creams, vapors, patches, liquids and forms administered by a nebulizer. Cannabis in a form that could be smoked would not be allowed.
- Home cultivation would not be allowed.
- Patients could designate up to three caregivers who could purchase and possess medical cannabis products on the their behalf.
- Patient and caregiver registrations would last for two years and could then be renewed. The annual fee would be $20, and people could have their registrations rescinded for being convicted of a felony or for violating certain drug law.
- Dispensaries would be required to employ pharmacists who would need to consult with patients or caregivers and recommend a daily dosage. A patient getting medical marijuana for the first time could get up to a 30-day supply and on subsequent visits could receive up to a 90-day supply.
- Patients’ use of medical cannabis would need to be recorded in the state’s Prescription Drug Monitoring Program.
- The bill would establish parental rights and housing discrimination protections for medical cannabis patients and caregivers, but it would allow employers to fire or refuse to hire workers based on their use of medical marijuana.
- Patients and caregivers could only possess medical cannabis at their own residences or when traveling between dispensaries and their homes. There would be a $25 civil penalty for failing to carry a registry ID card when possessing medical marijuana or for possessing cannabis at locations other than those specified as being allowed.
- Medical cannabis products would be exempt from sales taxes.
- The state would license cultivation, processing, laboratory and dispensary businesses, subject to certain residency and eligibility requirements and annual fees and penalties for violations.
- A new Office of Medical Cannabis Regulation would be established under the Department of Health Services to oversee the patient and caregiver registry and dispensaries. Its director would be appointed by the governor.
- The Department of Agriculture, Trade and Consumer Protection would oversee and regulate cannabis cultivation, processing and testing.
- Localities would not be able to regulate medical cannabis businesses or restrict their zoning.
Meanwhile, a Republican candidate for governor of Wisconsin said in July that he was “open to considering different opportunities” when it comes to legalizing medical or adult-use marijuana in the state, though he has provided little in the way of specifics so far.
On the Democratic side, current Gov. Tony Evers (D), who supports legalizing cannabis, will not be seeking re-election. But he said in June that if his party can take control of the legislature, the state can “finally” legalize marijuana so that residents don’t have to go to neighboring Illinois to visit its adult-use market.
Separately in June, a poll from Marquette Law School found that two in three Wisconsin voters support legalizing marijuana.
The survey found that support for cannabis reform has generally increased over time since the institution first started tracking public opinion on legalization in 2013, with 67 percent of voters now backing the policy change. That’s 17 percentage points higher than the 2013 results.
Democrats are the most likely to favor legalizing cannabis, at 88 percent, followed by independents (79 percent). However, a majority of Republicans (56 percent) said they’re still opposed to adult-use legalization.
Underscoring the importance of party control, the state’s Republican-controlled Senate and Assembly this summer rejected another attempt to legalize marijuana, defeating amendments to budget legislation that would have ended prohibition in the state and established new medical and recreational cannabis programs.
Evers has routinely attempted to change that policy as part of his budget requests—and Democratic leaders have similarly pushed for reform.
Republicans in the legislature also cut the marijuana provisions from a state budget proposal in May, as they’ve done in past sessions.
Despite Republicans’ move to cut legalization from the budget legislation, party leaders recently acknowledged that the debate over medical marijuana legalization is “not going to go away,” and there’s hope it can be resolved this session.
—
Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.
Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
—
“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,” Assembly Majority Leader Rep. Tyler August (R) said in February. “I’m hopeful that we can.”
“If we’re going to call it medical marijuana, it needs to be treated like a pharmaceutical. But the marijuana debate is going to be something that is not going to go away,” Sen. Dan Feyen (R), the assistant majority leader, said at the time. “The margins are tighter.”
There have been repeated attempts to legalize medical marijuana in the legislature over recent years, including the introduction of legislation from Assembly Speaker Robin Vos (R) that called for a limited program facilitated through state-run dispensaries. That proved controversial among his Republican colleagues, however, and it ultimately stalled out last year.
Evers previewed his plan to include marijuana legalization in his budget in January, while also arguing that residents of the state should be allowed to propose new laws by putting binding questions on the ballot—citing the fact that issues such as cannabis reform enjoy sizable bipartisan support while the GOP-controlled legislature has repeatedly refused to act.
Previously, in 2022, the governor signed an executive order to convene a special legislative session with the specific goal of giving people the right to put citizen initiatives on the ballot, raising hopes among advocates that cannabis legalization could eventually be decided by voters. The GOP legislature did not adopt the proposal, however.
Evers said in December that marijuana reform is one of several key priorities the state should pursue in the 2025 session, as lawmakers work with a budget surplus.
Days after he made the remarks, a survey found the reform would be welcomed by voters in rural parts of the state. Nearly two thirds (65 percent) said they support legalizing cannabis.
Last May, the governor said he was “hopeful” that the November 2024 election would lead to Democratic control of the legislature, in part because he argued it would position the state to finally legalize cannabis.
“We’ve been working hard over the last five years, several budgets, to make that happen,” he said at the time. “I know we’re surrounded by states with recreational marijuana, and we’re going to continue to do it.”
A Wisconsin Democratic Assemblymember tried to force a vote on a medical cannabis compromise proposal last year, as an amendment to an unrelated kratom bill, but he told Marijuana Moment he suspects leadership intentionally pulled that legislation from the agenda at the last minute to avoid a showdown on the issue.
Meanwhile, the state Department of Revenue released a fiscal estimate of the economic impact of a legalization bill from then-Sen. Melissa Agard (D) in 2023, projecting that the reform would generate nearly $170 million annually in tax revenue.
A legislative analysis requested by lawmakers estimated that Wisconsin residents spent more than $121 million on cannabis in Illinois alone in 2022, contributing $36 million in tax revenue to the neighboring state.
Evers and other Democrats have since at least last January insisted that they would be willing to enact a modest medical marijuana program, even if they’d prefer more comprehensive reform.
The post Wisconsin Senate Committee Schedules Hearing On GOP Leader’s New Medical Marijuana Bill appeared first on Marijuana Moment.
