Will Wisconsin's New Marijuana Legalization Bill Pass?

 Posted on February 19, 2026 in Drug Crimes

Wisconsin Democrats have introduced a new bill that would fully legalize marijuana for both recreational and medical use. The proposal has generated a lot of buzz, especially in Milwaukee, where advocates have long argued that marijuana enforcement falls hardest on Black and brown communities.

But the unfortunate reality is that the political path toward marijuana legalization is extremely difficult, if not impossible. In the meantime, Wisconsin's current criminal penalties remain in full force while the debate plays out.

If you are charged with drug crimes of any kind in 2026, you need a good Milwaukee criminal defense attorney on your side. Call Gimbel, Reilly, Guerin & Brown, LLP at 414-271-1440 for more information.

What Does Wisconsin's New Marijuana Legalization Bill Propose?

The bill introduced by Wisconsin Democrats would do several significant things at once:

• It would create a licensing system for marijuana growers, processors, and retailers.
• It would regulate the testing and distribution of marijuana products.
• It would establish a process for reviewing the sentences of people currently incarcerated on drug charges, including a path to vacating current convictions or expunging past ones from people's records.

Supporters of the bill argue that legalization makes sense both economically and as a matter of justice.  Rep. Darrin Madison, a Democrat from Milwaukee, made the equity argument. "Arresting someone for smoking weed does not make our neighborhoods safer," Madison said. "It limits access to jobs, housing, education and stability for life and those arrests fall overwhelmingly on Black and brown communities."

Supporters also point to national trends. According to the National Conference of State Legislatures, 40 states now have legal medicinal marijuana programs, and 24 allow some form of recreational use. Wisconsin polling consistently shows that most voters support legalization, including just under half of Republicans and large majorities of Democrats and independents.

Will the Wisconsin Marijuana Bill Actually Pass in 2026?

Almost certainly not, at least in its current form.

Republicans control both chambers of the Wisconsin Legislature, and GOP leadership has been clear about where it stands. Assembly Speaker Robin Vos has said he will not back recreational marijuana. Republican leaders across the Assembly and Senate have struggled to even agree on a limited medical program, let alone full legalization. Democrats have introduced similar proposals in previous sessions. Governor Tony Evers has tried to include legalization in his state budgets multiple times. Every effort has failed.

The one area where there has been some bipartisan movement is the regulation of hemp. Hemp businesses grew rapidly in Wisconsin after the federal 2018 Farm Bill created a legal opening for low-dose THC products. That loophole was unexpectedly closed late last year as part of the deal to end the 2025 government shutdown, leaving Wisconsin hemp farmers and producers of products like vapes, gummies, and edibles scrambling.

Bipartisan bills have since been introduced to stabilize that industry, including one that would regulate hemp similarly to how alcohol is regulated, and another that would add safety standards to the existing market.

GOP leaders say they are willing to focus their energy there, not on broader legalization. Until the balance of power in the Legislature changes, full legalization is unlikely to move forward.

What Are the Current Penalties for Marijuana in Wisconsin?

Because legalization is not happening anytime soon, Wisconsin's current marijuana laws are still very much in effect. Those laws are among the stricter ones in the Midwest.

Possession

Under Wisconsin Statute § 961.41(3g), possession of marijuana is a crime. A first offense for simple possession is a misdemeanor, punishable by up to six months in jail and a fine of up to $1,000. If you have a prior drug conviction, even a simple possession charge becomes a felony, which carries a potential sentence of up to three and a half years in prison and a fine of up to $10,000. That difference is significant and catches many people off guard.

Distribution and Delivery

Marijuana distribution or delivery charges carry much more serious consequences. Delivering any amount of marijuana to another person is a felony. Penalties range from up to three and a half years in prison for small amounts, up to 15 years for larger quantities. Delivering marijuana near a school, park, or other protected zone can double the potential sentence.

Manufacture and Cultivation

Growing marijuana in Wisconsin is treated similarly to distribution. Even cultivating a small number of plants can result in felony charges with serious prison time. The state does not distinguish between personal use and commercial production in the way some other states do.

Real-World Consequences Go Beyond Jail Time

A marijuana conviction in Wisconsin can affect your ability to get a job, rent an apartment, qualify for student loans, and in some cases, keep your professional license. For non-citizens, a drug conviction can have serious immigration consequences. These collateral effects are often just as damaging as the criminal penalties themselves, and they are one of the main reasons that skilled legal representation matters so much at every stage of a marijuana case.

Do You Still Need a Criminal Defense Attorney for Wisconsin Marijuana Charges?

Yes, absolutely. With legalization stalled and penalties still firmly in place, a marijuana charge in Wisconsin is still prosecuted aggressively in 2026. Whether you are facing a possession charge, a delivery charge, or something more complex, the outcome of your case – and your future – depends heavily on the quality of your criminal defense team.

The right firm also understands the importance of discretion. Some clients need to keep criminal charges out of the public eye for the sake of their professional or political reputation. A firm that handles complex, high-stakes matters knows how to protect your privacy while aggressively pursuing the best possible outcome for your case.

Contact a Milwaukee, WI Drug Crimes Defense Lawyer Today

Wisconsin's marijuana laws are not changing anytime soon, and a charge on your record can follow you for years. If you or someone you know is facing drug charges anywhere, the Milwaukee criminal defense attorneys at Gimbel, Reilly, Guerin & Brown, LLP are ready to help.

Our firm has the resources and experience to handle cases of all sizes and complexities, including those that demand the highest level of care and discretion. Call Gimbel, Reilly, Guerin & Brown, LLP at 414-271-1440 to schedule an appointment.