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Wisconsin Democrats Introduce SB 1045 to Legalize and Regulate Cannabis

On Feb. 24, 2026, a coalition of Democratic lawmakers in Wisconsin introduced Senate Bill 1045. Authored by state Sens. LaTonya Johnson and Chris Larson, both of Milwaukee, this Bill would legalize and regulate cannabis in the state while also establishing new rules for intoxicating hemp products.

SB 1045 arrives at a time when Wisconsin maintains some of the most restrictive cannabis laws in the United States, where possession of even a small amount can still carry the possibility of jail time. This remains the case despite growing public support for legalization. According to a June 2025 survey conducted by pollsters at Marquette Law School, 67% of Wisconsin voters support legalizing cannabis for adult use.

Wisconsin is currently one of eight states in the country that still does not operate a medical cannabis program, even a highly limited system such as those in Texas, Iowa and Georgia.

“Wisconsinites have been clear for years that they support legalizing cannabis, and it is past time the Legislature listens,” Johnson said in a statement provided to Cannabis Business Times. “Senate Bill 1045 reflects that reality by establishing a responsible, regulated framework that prioritizes public safety, supports local businesses and delivers real economic benefits for our state.”

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This proposal is not the first time Wisconsin Democrats have attempted to advance cannabis legalization in the state. Over the past decade, they have introduced similar measures during multiple legislative sessions. At each stage, those efforts were blocked by Republican lawmakers, who controlled the majority of seats in both chambers of the Wisconsin Legislature. Those Republican majorities remain in place today.

However, lawmakers and advocates see renewed momentum this year. Optimism has grown that a legalization bill could gain unprecedented traction in the state following softer rhetoric on cannabis from the White House, continued federal efforts to move cannabis to Schedule III under the Controlled Substances Act, and rising support among Republican voters in Wisconsin. A slight majority of Republican voters in the state now appear to favor legalizing cannabis for adult use.

Importantly, SB 1045 proposes to legalize and regulate both adult-use and medical cannabis while also introducing stricter oversight of intoxicating hemp products.

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Regarding adult-use cannabis, the legislation would:

Create the Division of Cannabis Regulation within the Department of Agriculture, Trade and Consumer Protection to oversee the production, processing, transportation and testing of cannabis; 

Allow individuals aged 21 and older to legally possess cannabis for recreational purposes, including:

 1) up to 2.5 ounces of cannabis flower in a public place;

 2) up to five pounds of cannabis flower in their private residence;

 3) up to one gram of tetrahydrocannabinol in a cannabisinfused product;

 4) up to 15 grams of cannabis concentrate.

Allow production, processing and sales of adult-use cannabis in the state by licensed entities (in general, licenses to produce/process cannabis would be mutually exclusive of licenses to sell cannabis); 

• Allow localities to enact ordinances prohibiting sales of cannabis within their borders;

• Require the testing of cannabis products sold within the state; and

• Impose certain packaging and labeling requirements for cannabis products sold within the state.

With respect to intoxicating hemp products, the bill would:

Restrict sales of intoxicating hemp products (defined as edible items or beverages containing between one and ten milligrams of intoxicating cannabinoids per serving (or 12 fluid ounces)) to individuals aged 21+;

Increase the penalties for violations of the state’s hemp producer regulations; and

Codify a “trigger” repeal mechanism for the intoxicating hemp provisions of the bill that would automatically repeal such provisions when the federal intoxicating hemp ban takes effect on November 12, 2026 (at which point, new provisions governing “low-dose cannabis-infused products” would take effect and such products will be folded into the state’s adult-use cannabis regulatory regime).

SB 1045 is currently under review by the Senate Committee on Licensing, Regulatory Reform, State and Federal Affairs.

- The news is soured from Cannabis Business Times and JD Supra


Post time: Mar-05-2026

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