Marijuana remains illegal in Wisconsin for recreational use, and the state does not have a comprehensive medical marijuana program. Possession of marijuana containing THC can result in criminal penalties, and cultivating marijuana at home is also prohibited.
Wisconsin does allow qualifying hemp and hemp-derived products, and state law contains a narrow provision allowing certain cannabidiol (CBD) products to be possessed for medical purposes. However, these provisions do not make marijuana legal for medical patients.
This page covers Wisconsin marijuana possession laws, penalties, cultivation, medical use, hemp-derived products, driving laws and other important rules. For laws in other states, visit The Marijuana Herald’s Marijuana Laws by State guide.
Last updated: September 2026
Wisconsin Marijuana Laws at a Glance
| Law | Current Rule |
|---|---|
| Recreational marijuana | Illegal |
| Medical marijuana | No comprehensive medical marijuana program |
| Marijuana possession | Illegal |
| First possession conviction | Up to 6 months in jail and/or a $1,000 fine |
| Subsequent possession offense | Class I felony |
| Home cultivation | Illegal |
| Recreational marijuana sales | Illegal |
| Medical dispensaries | None |
| Marijuana delivery | Illegal |
| Hemp | Legal if it meets state and federal requirements |
| Public marijuana use | Illegal |
| Marijuana impaired driving | Illegal |
Wisconsin continues to classify tetrahydrocannabinols covered by its controlled-substances law as Schedule I substances. Hemp meeting Wisconsin’s statutory definition is excluded from the state’s definition of marijuana.
Is Recreational Marijuana Legal in Wisconsin?
No. Wisconsin has not legalized recreational marijuana.
Unlike neighboring states including Illinois, Michigan and Minnesota, Wisconsin does not allow adults to legally possess, purchase or cultivate marijuana for recreational purposes.
There is no legal recreational marijuana retail system in the state.
How Much Marijuana Can You Legally Possess in Wisconsin?
Wisconsin does not establish a legal possession amount for recreational marijuana. Possession of THC that falls under the state’s controlled-substances law is prohibited regardless of the amount.
Under Wisconsin Statute § 961.41(3g)(e), a first conviction for THC possession can result in:
- A fine of up to $1,000
- Up to six months in jail
- Both a fine and imprisonment
A second or subsequent qualifying controlled-substance offense makes THC possession a Class I felony. A Class I felony carries a maximum penalty of three years and six months in prison, a fine of up to $10,000, or both.
Importantly, Wisconsin’s repeat-offense provision is broader than simply a second marijuana possession conviction. Certain previous state, federal or out-of-state drug convictions can trigger the felony provision.
Do Local Marijuana Decriminalization Laws Make Possession Legal?
No.
Wisconsin law allows cities, villages, towns and counties to adopt ordinances addressing marijuana possession. As a result, the practical penalty for some lower-level possession cases can vary depending on where an offense occurs.
Some local jurisdictions may handle qualifying possession cases through municipal ordinances and civil forfeitures rather than state criminal prosecution.
However, local decriminalization does not repeal Wisconsin’s statewide prohibition or create a legal right to possess marijuana. State law expressly continues to prohibit possession.
Is Medical Marijuana Legal in Wisconsin?
Wisconsin does not have a comprehensive medical marijuana program.
There are no state-licensed medical marijuana dispensaries, medical marijuana cards or general protections allowing patients to possess marijuana containing intoxicating levels of THC.
Wisconsin law does contain a much narrower cannabidiol provision. A physician may issue a certification for an individual to possess a qualifying cannabidiol product for treatment of a medical condition. The certification generally must have been issued within the previous year and cannot have expired.
However, a certification is not required to possess qualifying hemp or a prescription drug approved by the U.S. Food and Drug Administration.
This CBD provision should not be confused with a medical marijuana program. It does not authorize general possession, cultivation or purchase of marijuana.
Can You Grow Marijuana at Home in Wisconsin?
No. Wisconsin does not allow recreational or medical home cultivation of marijuana.
State law treats marijuana cultivation as the manufacture or production of THC. Even relatively small cultivation offenses can be felonies.
For marijuana manufacture, distribution or delivery, Wisconsin law establishes penalties beginning with:
| Amount | Offense |
|---|---|
| 200 grams or less, or 4 plants or fewer | Class I felony |
| More than 200 grams to 1,000 grams, or 5 to 20 plants | Class H felony |
| More than 1,000 grams to 2,500 grams, or 21 to 50 plants | Class G felony |
| More than 2,500 grams to 10,000 grams, or 51 to 200 plants | Class F felony |
| More than 10,000 grams, or more than 200 plants | Class E felony |
The lowest cultivation tier is therefore a felony rather than a misdemeanor.
Are Marijuana Sales Legal in Wisconsin?
No. Wisconsin has no licensed recreational or medical marijuana retail market.
Manufacturing, distributing or delivering marijuana containing prohibited THC can result in felony charges, with penalties increasing based on the quantity involved.
Giving marijuana to another person can also create legal problems even when no money changes hands. Wisconsin broadly defines “delivery” as the transfer or attempted transfer of a controlled substance from one person to another. There is no recreational marijuana gifting exemption comparable to those found in some legal-marijuana states.
Is Marijuana Delivery Legal in Wisconsin?
No. There are no state-licensed recreational or medical marijuana delivery services.
Transferring marijuana can constitute delivery of a controlled substance under Wisconsin law and may result in felony charges.
Are CBD and Hemp Legal in Wisconsin?
Qualifying hemp is legal in Wisconsin and is specifically excluded from the state’s definition of marijuana.
Wisconsin defines hemp generally as Cannabis sativa L. and its derivatives containing no more than 0.3% delta-9 THC on a dry-weight basis, or a higher concentration allowed under federal law up to 1% if applicable.
Wisconsin’s former state hemp program ended January 1, 2022. Hemp growers in Wisconsin are now licensed through the U.S. Department of Agriculture.
The legality of a product marketed as CBD, delta-8 THC or another hemp-derived cannabinoid can depend on whether the product actually meets the legal definition of hemp and other applicable state and federal requirements.
Can You Use Marijuana in Public in Wisconsin?
No.
Because recreational marijuana possession and use remain illegal under Wisconsin law, there is no statewide system allowing marijuana consumption in public places or licensed marijuana consumption establishments.
Local marijuana ordinances may affect enforcement and penalties, but they do not establish statewide legal public consumption.
Can You Drive After Using Marijuana in Wisconsin?
Driving while impaired by marijuana is illegal.
Wisconsin also has a specific THC blood standard. State law defines delta-9 THC as a restricted controlled substance when it is present at a concentration of at least 1 nanogram per milliliter of blood.
Wisconsin law prohibits operating a motor vehicle while under the influence of a controlled substance or while having the prohibited amount of a restricted controlled substance in the blood.
Is Marijuana Paraphernalia Illegal in Wisconsin?
Possessing drug paraphernalia with the primary intent to use it in connection with an illegal controlled substance is prohibited.
A violation can result in a fine of up to $500, imprisonment for up to 30 days, or both.
What Are the Penalties for Illegal Marijuana Possession in Wisconsin?
Wisconsin’s most important marijuana possession penalties include:
| Violation | Potential Penalty |
|---|---|
| First THC possession conviction | Up to $1,000 fine and/or 6 months in jail |
| Second or subsequent qualifying possession offense | Class I felony, up to 3 years and 6 months and/or $10,000 |
| Marijuana paraphernalia | Up to $500 and/or 30 days |
| Cultivation of 4 plants or fewer | Class I felony |
| Manufacture/delivery of 200 grams or less | Class I felony |
Larger-scale cultivation, manufacturing and delivery offenses can result in increasingly serious felony classifications, reaching a Class E felony for more than 10,000 grams or more than 200 plants. A Class E felony can carry up to 15 years in prison and a fine of up to $50,000.
Penalties may also be affected by factors including prior convictions, the location of an offense and other circumstances.
Has Wisconsin Legalized Marijuana?
As of September 2026, Wisconsin has not legalized recreational marijuana or established a comprehensive medical marijuana program.
The state has legalized hemp consistent with its statutory definition and maintains limited provisions concerning cannabidiol products, but marijuana containing prohibited levels of THC remains subject to Wisconsin’s controlled-substances laws.
Because marijuana laws can change through legislation, regulations and court decisions, this page will be updated as Wisconsin law changes.
