Wisconsin bill would decriminalize marijuana, but it'd still be illegal

A recently introduced Wisconsin bill proposes to decriminalize marijuana and includes a provision limiting an employer’s liability for not testing employees. The bill doesn’t prevent employers from testing employees, however, or disciplining them for testing positive for marijuana use.

Current law in Wisconsin

Possessing any amount of marijuana is currently illegal in Wisconsin, even for medical purposes. A first conviction is a misdemeanor crime punishable by up to $1,000 in fines or up to six months in prison, or both. A subsequent violation is a Class 1 felony including fines up to $10,000 or imprisonment for up to three years and six months, or both.

Wisconsin employers can legally require employees to submit to a prehire drug test and decline to hire persons who test positive for THC (the euphoria-inducing compound in marijuana). You also may  terminate employees who test positive for THC. You must perform any testing in a nondiscriminatory manner, however, or risk an action for disparate treatment.

Senate Bill 790

On December 17, 2021, a coalition of bipartisan senators and representatives introduced Senate Bill (SB) 790, attempting to decriminalize marijuana in Wisconsin. The bill seeks to: