{"id":377330,"date":"2016-03-31T21:37:19","date_gmt":"2016-04-01T02:37:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/wisconsin-law\/wisconsin-marijuana-laws.html"},"modified":"2025-05-20T10:09:10","modified_gmt":"2025-05-20T15:09:10","slug":"wisconsin-marijuana-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/wisconsin-law\/wisconsin-marijuana-laws.html","title":{"rendered":"Wisconsin Marijuana Laws"},"content":{"rendered":"\n
\n \n
\n

Wisconsin Marijuana Laws<\/h1>\n
\n
\n By Kit Yona, M.A.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Many American states have moved to legalize the use of marijuana<\/a> (also known as cannabis) for medical and adult recreational use. The state of Wisconsin remains an exception to the trend, maintaining prohibitions on all marijuana use.<\/p>\r\n

Public polls in Wisconsin show that some 64% of Wisconsin residents<\/a> support the legalization of marijuana. Gov. Tony Evers is willing to give Wisconsin residents what they want. Yet, despite the best efforts of Evers and Democratic Wisconsin lawmakers, Republicans in the state house and senate fail to reach a consensus on efforts to legalize cannabis.<\/p>\r\n

With no access to legal medical cannabis and severe penalties for any possession of marijuana, Wisconsinites suffering from painful medical conditions don’t have the same options as residents in neighboring states. Minnesota<\/a> and Illinois<\/a> have medical marijuana programs and also allow limited recreational use for those 21 and older.<\/p>\r\n

This article offers a better understanding of marijuana crimes<\/a> under Wisconsin law and the prospect of future marijuana legalization. We’ll also discuss Wisconsin municipalities that have decriminalized possessing small amounts of marijuana.<\/p>\r\n

Marijuana Laws in Wisconsin: What You Need To Know<\/h2>\r\n

If you’d like to have or use legal medical cannabis or adult-use recreational marijuana, Wisconsin is not the state for you. Wisconsin offers no medical marijuana program<\/a>, no legal adult-use cannabis, and any possession of marijuana carries potential jail time and fines.<\/p>\r\n

Wisconsin’s stance on marijuana mirrors that of the federal government. As of March 2025, federal law classifies marijuana as a Schedule I drug<\/a> as per the Controlled Substances Act (CSA)<\/a>. Reclassification at the federal level seemed imminent<\/a>, but it’s uncertain what effect that would have on Wisconsin’s general assembly.<\/p>\r\n

Any sale of marijuana<\/a> is a felony in Wisconsin. So is the cultivation of marijuana plants. Possession of marijuana paraphernalia is illegal as well. Penalties are strict and enhanced when they involve a minor or occur within 1,000 feet of a school.<\/p>\r\n

Wisconsin’s only concession for the compassionate use of marijuana was passing Assembly Bill 726 (AB 726)<\/a> in 2014. This allows the sale of CBD (cannabinoids) oils with less than 0.3% THC (tetrahydrocannabinol)<\/a> for certain medical conditions. Aside from the limited relief CBD oils offer, Wisconsin doesn’t allow any other medical cannabis of any sort.<\/p>\r\n

With the legalization of cannabis remaining out of reach, more than a dozen cities in Wisconsin have opted to decriminalize<\/a> the possession of small amounts of marijuana. While this doesn’t make possession legal, it changes the charge of the offense from a misdemeanor to a civil violation. In most instances, the offender pays a fine and avoids jail time. Some of the cities that have enacted decriminalization ordinances include:<\/p>\r\n