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Wisconsin - Considerations for Marijuana in the Workplace

  • Last Update on April 18, 2023

Medical
Marijuana Law:

Recreational
Marijuana Law:

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Employer Concerns – Significant to Review

  • Wisconsin’s CBD laws are contradictory and confusing. The law allows patients with a letter from their physician to possess CBD treatments. Although a bill was proposed which allowed a higher percentage of THC than the U.S. Farm Bill, it appears that the allowable CBD must be hemp-derived and have no greater than 0.3% THC (consistent with the U.S. Farm Bill). 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.

Hiring/Termination

Discipline

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

Use/Possession

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.
  • Apply the Checklist of Impacting Issues to Research provided by NDS for additional state laws and issues that can relate to and/or impact your operations regarding employee use of marijuana.

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
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).

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