Skip to main content

Weed Tourism: What Wisconsin Purchasers Need To Know

  • Birdsall Obear

The beauty of our system of government is also what makes it messy. Federalism allows different states to have different laws pertaining to the same issues based on the interests and desires of their residents and voters. Marijuana is no exception.

The legalization of marijuana in Illinois this year has spawned a significant number of “weed tourists” in Wisconsin who take advantage of their proximity to the Illinois border to score “legal” marijuana. It was reported that more than $3 million in marijuana sales were recorded on the first day of legal sales, with a good chunk of those purchases coming from residents of nearby Wisconsin cities such as Kenosha. 

Wisconsin Is Not Marijuana Friendly

One could say that, for Wisconsin residents, legal marijuana is so close yet so far away. The penalties for marijuana possession in Wisconsin are still harsh, including a misdemeanor, up to six months in jail and fine of up to $1,000.

Use It Where You Buy It

Weed tourists looking to avoid a criminal record, time behind bars, and a lighter wallet can remember the following phrase: “use it where you buy it”. Illinois law states that marijuana purchased in Illinois must be used in Illinois to maintain its legal status. Once you cross state lines in any direction you are subject to that state’s marijuana laws.

Planning On Driving To Purchase Marijuana?

It’s never smart to get behind the wheel after smoking marijuana or ingesting edibles. You can be cited for driving under the influence (DUI) in Illinois or operating while intoxicated (OWI) in Wisconsin if getting high gets in the way of safely operating your vehicle. Wisconsin has a strict liability scheme, so if you have a “detectable amount” of THC delta 9 in your system that’s an OWI.

If you find yourself on the wrong side of the law it’s best to seek the advice of a knowledgeable criminal defense attorney.

Milwaukee Office
1219 North Cass Street, Milwaukee, WI 53202

Directions to Birdsall Obear & Associates Milwaukee office

Sheboygan Office
603 South 8th Street, Sheboygan, WI 53081

Directions to Birdsall Obear & Associates Sheboygan office