Home > Laws & Regulations

Wisconsin Cannabis Laws & Regulations

Current Legal Status

As of March 2025, marijuana remains illegal in Wisconsin for both recreational and medical uses. It is prohibited to possess, manufacture, distribute, sell, cultivate, or use cannabis in the state.

Key Points

  • Cannabis is fully illegal in Wisconsin
  • Governor Tony Evers included measures to legalize cannabis in the governor's executive budget, but these measures were removed by lawmakers in May 2023
  • Wisconsin law allows for the use of CBD products containing no more than 0.3% THC
  • Some Wisconsin municipalities have decriminalized cannabis possession of small amounts, including Kenosha, Appleton, Madison, Milwaukee, Wausau, and Green Bay, which only charge offenders with a civil violation for possession of small amounts

Timeline of Cannabis Law in Wisconsin

Penalties for Marijuana-related Offenses

Possession
Sale & Distribution
Cultivation

Possession Penalties

  • First Offense: Possession of any amount for a first-time offense is a misdemeanor punishable by 6 months imprisonment and up to $1,000 in fines
  • Subsequent Offense: Possession of any amount of marijuana (subsequent offense) is a felony punishable by 3.5 years imprisonment and up to $10,000 in fines

Sale, Delivery, And Possession With Intent To Distribute

  • Up to 200 grams: Felony punishable by 3.5 years imprisonment and up to $1,000 in fines
  • 200-1,000 grams: Felony punishable by 6 years imprisonment and up to $10,000 in fines
  • 1,000-2,500 grams: Felony punishable by 10 years imprisonment and up to $25,000 in fines
  • 2,500-10,000 grams: Felony punishable by 12.5 years imprisonment and up to $25,000 in fines
  • More than 10,000 grams: Felony punishable by 15 years in jail and up to $50,000 in fines

Cultivation Penalties

  • 4 plants or fewer: Felony punishable by 3.5 years imprisonment and up to $10,000 in fines
  • 5-20 plants: Felony punishable by 6 years imprisonment and up to $10,000 in fines
  • 21-50 plants: Felony punishable by 10 years imprisonment and up to $25,000 in fines
  • 51-200 plants: Felony punishable by 12.5 years imprisonment and up to $25,000 in fines
  • More than 200 plants: Felony punishable by 15 years in jail and up to $50,000 in fines

Hemp-Derived Products in Wisconsin

While marijuana remains illegal, Wisconsin law allows for the use of hemp-derived products containing no more than 0.3% THC. This aligns with the 2018 Farm Bill at the federal level, which legalized hemp and hemp-derived products containing less than 0.3% Delta-9 THC.

This legal distinction has created a market for hemp-derived products in Wisconsin, including:

  • CBD oils and tinctures
  • CBD topicals
  • Hemp-derived Delta-8 THC products
  • Hemp-derived Delta-9 THC products (within the 0.3% threshold)

It's important to note that recent legislative proposals, including companion bills AB50 and SB45, would regulate delta-8 and delta-10 THC as marijuana, potentially changing the legal status of these products.

CBD Regulations in Wisconsin

Wisconsin has specific regulations regarding CBD products:

  • 2016: Governor Scott Walker signed A.B. 726 into law, exempting persons with seizure disorders from criminal penalties related to possessing and using CBD. This exception is only applicable to CBD containing no more than 0.3% THC and to persons who have obtained physician recommendations or approvals.
  • 2017: Governor Scott Walker signed Act 4 into law to expand the existing CBD law, allowing patients with any medical condition to access CBD with no psychoactive effect.
  • Current Status: CBD products containing no more than 0.3% THC are legal in Wisconsin for all consumers, not just medical patients.

Federal Context

Despite cannabis' legal status in several states, it remains illegal federally. However, certain reform moves have been made at the federal level in recent years:

  • Biden's Presidential Pardon (October 2022): President Biden granted a complete and unconditional pardon to all present United States citizens and lawful permanent residents who had committed the offense of simple marijuana possession in violation of the Controlled Substances Act.
  • Cannabis Administration and Opportunity Act (CAOA): Comprehensive legislation designed to decriminalize cannabis by removing it from the Controlled Substances Act.
  • Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act: Aims to decriminalize cannabis by removing it from the Controlled Substances Act and eliminating criminal penalties associated with cannabis.
  • States Reform Act: Aims to decriminalize cannabis at the federal level by granting full authority to individual states to regulate and prohibit cannabis as they see fit, treating cannabis products similarly to alcohol.
  • SAFE Banking Act: Legislation to establish a secure environment for financial institutions to offer conventional banking services to cannabis businesses operating in jurisdictions where the drug has been legalized.