Wisconsin.

Information provided is current as of January 7, 2026, and companies are encouraged to consult with legal counsel on these types of complex matters.

Wisconsin - State Specific Information

Wisconsin remains one of the most restrictive states in the nation when it comes to cannabis legislation. Despite overwhelming public support for reform, the Badger State has yet to establish a medical cannabis program, leaving employers with clear but complex considerations for workplace drug policies. This comprehensive guide examines Wisconsin's current cannabis legal landscape and what it means for employer drug testing practices as of January 2026.

Current Cannabis Legal Status in Wisconsin

Wisconsin stands firm in its prohibition stance, with neither medical nor recreational cannabis currently legal in the state. This position persists even though approximately 86% of Wisconsin residents support medical cannabis legalization—a striking disconnect between public opinion and legislative action.

Medical Cannabis

Wisconsin does not have a medical cannabis program. However, the state does permit CBD oil for specific medical conditions, provided patients obtain proper certification from a licensed physician. This limited exception represents the only legal avenue for cannabis-derived products in the state.

Recreational Cannabis

Recreational cannabis use remains entirely prohibited under Wisconsin state law. The consequences for possession are significant and escalate with repeat offenses.

Possession Penalties and Enforcement

Understanding Wisconsin's cannabis possession penalties is essential for both employers and employees navigating workplace drug policies.

First-Offense Possession

A first-time possession charge for any amount of cannabis constitutes a misdemeanor offense in Wisconsin. Penalties include:

• Fines up to $1,000
• Potential jail time of up to 6 months

Subsequent Offenses

Repeat cannabis possession offenses carry substantially more severe consequences. Any possession charge after a first offense is classified as a Class I Felony under Wisconsin law, dramatically increasing potential penalties and long-term consequences for individuals.

Local Decriminalization Efforts

While state law remains stringent, some Wisconsin municipalities have enacted local ordinances that reduce penalties for minor possession:

• Madison: Possession of up to 28 grams may result in reduced fines, often as low as $1
• Milwaukee: Similar local ordinances significantly reduce financial penalties for small amounts

It's crucial to note that these local measures do not override state law. Individuals can still face state-level prosecution even in decriminalized municipalities, creating a complex legal landscape.

State Regulatory Framework

The Wisconsin Department of Health serves as the primary regulatory agency for health-related matters in the state. However, given the absence of legal cannabis programs, there are currently no state-specific forms or regulatory frameworks for cannabis-related employer compliance.

Employer Drug Testing in Wisconsin

Wisconsin provides employers with substantial latitude when implementing workplace drug testing programs. Understanding these rights and responsibilities is essential for maintaining compliant and effective policies.

Private Employer Rights

Private employers in Wisconsin enjoy broad discretion in establishing drug-free workplace policies. Permitted testing scenarios include:

• Pre-employment testing: Screening candidates before hiring decisions
• Random testing: Unannounced testing of current employees
• Post-accident testing: Testing following workplace incidents
• Reasonable suspicion testing: Testing based on observable signs of impairment

Consequences of Positive Test Results

Positive drug test results can have significant implications for employees in Wisconsin:

• Unemployment benefits: A positive test result can lead to denial of unemployment benefits
• Workers' compensation: If intoxication is determined to have caused a workplace accident, workers' compensation indemnity payments may be reduced

These provisions give employers strong incentives to maintain robust testing programs and documentation practices.

Safety-Sensitive Positions

Wisconsin law fully supports employer discretion in defining safety-sensitive positions within their organizations. This flexibility allows businesses to tailor their drug policies to their specific operational needs.

Defining Safety-Sensitive Roles

Employers may designate positions as safety-sensitive based on job requirements, including roles involving:

• Operation of heavy machinery
• Commercial driving responsibilities
• Public safety functions
• Work at heights or in hazardous environments
• Handling of dangerous materials

Zero-Tolerance Policies

For safety-sensitive positions, zero-tolerance drug policies are the industry standard and receive full support under Wisconsin state law. Employers can confidently enforce strict drug-free requirements for these roles without legal concerns about discrimination or overreach.

Privacy Considerations for Drug Testing

While Wisconsin grants employers significant testing authority, privacy protections remain important considerations in program implementation.

Confidentiality Requirements

Employers must handle all drug test results with appropriate confidentiality. Key requirements include:

• Restricting access to test results to authorized personnel only
• Avoiding disclosure of results to unauthorized individuals
• Maintaining secure storage of testing records
• Implementing clear protocols for information handling

Dignity in Testing Procedures

The drug testing process itself must be conducted in a manner that respects employee dignity and privacy. Best practices include:

• Using certified testing facilities
• Providing appropriate privacy during sample collection
• Following established chain-of-custody procedures
• Offering opportunities to explain positive results (such as prescription medications)

Best Practices for Wisconsin Employers

Given Wisconsin's employer-friendly drug testing environment, organizations should focus on establishing comprehensive, well-documented policies.

Documentation Is Key

Robust documentation serves as a critical risk mitigant for employers. Essential documentation includes:

• Written drug-free workplace policies
• Employee acknowledgment forms
• Testing procedure protocols
• Results management procedures
• Disciplinary action guidelines

Policy Communication

Clear communication of drug policies helps ensure compliance and protects employer interests:

• Include policies in employee handbooks
• Review policies during onboarding
• Provide regular policy reminders
• Update employees on any policy changes

Looking Ahead

While Wisconsin's cannabis laws remain restrictive, the significant gap between public support and current legislation suggests potential changes may come in future legislative sessions. Employers should monitor developments and be prepared to adapt their policies as the legal landscape evolves.

For now, Wisconsin employers benefit from clear authority to maintain drug-free workplaces while respecting employee privacy rights. By implementing well-documented policies and following established testing protocols, organizations can effectively manage workplace drug issues while minimizing legal risk.