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In April 2026, the federal government reclassified marijuana products from Schedule I to Schedule III under the Controlled Substances Act. The immediate legal impact of this federal rescheduling is limited for Wisconsin as Wisconsin law has not currently been amended to reflect the federal rescheduling. However, the federal rescheduling may influence future policy discussions within the state.
In April 2026, the federal government, acting through the Department of Justice (DOJ) and the Drug Enforcement Agency (DEA), reclassified both FDA-approved marijuana products and marijuana products distributed through a state-licensed medical marijuana program from Schedule I to Schedule III under the Controlled Substances Act (CSA).
Schedule III substances are considered to present a lower potential for abuse than Schedule I or Schedule II drugs and are recognized as having some accepted medical uses. Examples of other Schedule III substances include ketamine and anabolic steroids.
This rescheduling represents a notable shift in federal regulatory policy. It is expected that this change will, in part, facilitate additional scientific and medical research by reducing some of the regulatory barriers that have previously limited research into the medical effects of marijuana. It also serves to more closely align federal policy with the growing number of states that have adopted medical marijuana programs.
In 1970, Congress enacted the Controlled Substances Act (CSA), establishing the federal framework for regulating the possession, manufacture, sale, and use of certain drugs and controlled substances. The CSA classifies controlled substances into five schedules based on factors such as their accepted medical use, potential for abuse, and likelihood of causing dependence.
Since the CSA’s enactment, marijuana has been classified as a Schedule I controlled substance. Schedule I is the most restrictive category under federal law and is reserved for substances that are considered to have a high potential for abuse and no currently accepted medical use. Heroin and LSD are additional examples of Schedule I substances.
Although this rescheduling is a significant change, it is important to understand that the practical effect of the change is limited.
Most importantly, marijuana did not become legal at the federal level. Recreational marijuana sales and possession are still illegal under federal law and are still classified as Schedule I unless they fall under a state-licensed medical framework. The rescheduling applies only to limited categories of marijuana products and does not eliminate federal restrictions on marijuana.
It is also important to note that this change in federal law does not automatically change laws at the state level. States retain the authority to regulate controlled substances within their borders, and a federal change does not preempt individual state statutes. As a result, the practical impact of the federal rescheduling can vary greatly from state to state.
The immediate legal impact of this federal rescheduling is limited for Wisconsin.
Chapter 961 of the Wisconsin statutes regulates controlled substances in Wisconsin. Known as the Uniform Controlled Substances Act, this chapter establishes WIsconsin’s drug schedules and criminal penalties relating to controlled substances. Prior to the April 2026 federal rescheduling, Wisconsin drug schedules largely mirrored the federal schedules under the CSA.
Despite the recent federal action, Wisconsin law has not currently been amended to reflect the federal rescheduling. Marijuana remains largely illegal under Wisconsin law.
One reason this federal change has little immediate impact is that Wisconsin does not have an established broad medical marijuana program, and the federal rescheduling does not create one in Wisconsin. Because the federal change primarily affects FDA-approved marijuana products and marijuana distributed through state-licensed medical marijuana programs, Wisconsin residents generally have no state medical marijuana framework through which to take advantage of the federal change.
Accordingly, possession of marijuana is still illegal under Wisconsin law, even if the person is possessing the drug for medical purposes. Wisconsin statute 961.41(3g)(e) continues to prohibit the possession of THC.
Wisconsin also does not have legal use or possession of recreational marijuana. While some municipalities have adopted local ordinances that reduce penalties for possession of small amounts of THC, you can still be given a citation for possession of THC and it is still illegal at the state level. Under Wisconsin statute 961.41(3g)(3), the penalties for first-time possession of THC include a fine of not more than $1,000 or jail for not more than 6 months, or both. If a person is convicted of a second or subsequent offense of possession of THC, it is a Class I felony carrying up to three and a half years in prison or up to a $10,000 fine or both.
Despite the federal government’s movement towards less-restrictive marijuana regulation, Wisconsin law remains largely unchanged. Marijuana possession and recreational marijuana use remains illegal. Until the Wisconsin legislature enacts reforms to Chapter 961 or creates a state medical marijuana framework, the practical implications of the federal rescheduling of marijuana will be minimal.
Although the immediate legal impacts are limited, the federal rescheduling may influence future policy discussions within the state. As changes are made both federally and in surrounding states, Wisconsin may face increasing political pressure to revisit its marijuana laws. For now, it is important to remember that this federal rescheduling has not legalized marijuana in Wisconsin and it does not alter the state’s existing criminal penalties for marijuana use and possession.
