Nov. 21, 2018 – After the midterm election cycle, the recreational use of marijuana is now legal in 10 states, including neighboring Michigan and the District of Columbia.

In 32 states – including Minnesota, Illinois, Iowa, Missouri, North Dakota, and Ohio – marijuana is now legal for medical purposes. Thus, Wisconsin is among a minority of states with almost no tolerance for the tetrahydrocannabinol (THC) found in marijuana.

“Currently, Wisconsin does not allow the use of THC for medical purposes, or for recreational or adult uses,” said Nick Fairweather of Hawks Quindel S.C., Madison.

Fairweather joined a panel discussing the evolution of cannabis in Wisconsin at the State Bar of Wisconsin’s Health, Labor, and Employment Law Institute last August, noting the issues and challenges that employers will continue to face in this area.

As Fairweather notes, “Every state surrounding Wisconsin has some sort of medical or recreational use statute. Employers in Wisconsin should know that it’s likely some employees in Wisconsin will be using some of those products,” he said.

To complicate matters, Wisconsin allows the use of cannabidiol (CBD), a cannabis extract that does not contain the same psychoactive traits as the tetrahydrocannabinol (THC) found in marijuana. CBD oil is available in many health and nutrition stores.

But the HLE panel on cannabis noted that “recent changes to Wisconsin law have led to confusion about the scope of legality of CBD products.”

The issue remains a hot one. Back in 2014, in “Reefer Madness: Lighting Up in the Dairyland,” attorney Francine Bailey dove into the issues confronting the employer/employee relationship as the legalization of pot becomes more common.