Wisconsin Marijuana Laws

By Kit Yona, M.A. | Legally reviewed by John Mascolo, Esq. | Last reviewed March 05, 2025

Many American states have moved to legalize the use of marijuana (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.

Public polls in Wisconsin show that some 64% of Wisconsin residents 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.

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 and Illinois have medical marijuana programs and also allow limited recreational use for those 21 and older.

This article offers a better understanding of marijuana crimes under Wisconsin law and the prospect of future marijuana legalization. We'll also discuss Wisconsin municipalities that have decriminalized possessing small amounts of marijuana.

Marijuana Laws in Wisconsin: What You Need To Know

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, no legal adult-use cannabis, and any possession of marijuana carries potential jail time and fines.

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

Any sale of marijuana 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.

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

With the legalization of cannabis remaining out of reach, more than a dozen cities in Wisconsin have opted to decriminalize 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:

Racine (1990) Municipal ordinance 66-261 — 25 grams/0.88 ounces or less — civil forfeiture, punishable by $75 and costs.
Eau Claire (2002) Municipal ordinance — 25 grams/0.88 ounces or less — civil forfeiture, punishable by $1 and costs
Milwaukee (2015) Municipal ordinance — 25 grams/0.88 ounces or less — civil forfeiture, punishable by $50 and costs
Oshkosh (2018) Municipal ordinance — 25 grams/0.88 ounces or less — civil forfeiture, punishable by $75 and costs
Madison (2020) Municipal ordinance — 28 grams/0.98 ounces or less — simple possession on private or public property with permission of property owner, landlord, or tenant in the city (not college campus) — no fine or costs
Green Bay (2022) Municipal ordinance — 28 grams/.98 ounces or less — if 21 or older and possess in public or private space — civil forfeiture, punishable by $0 plus costs
Kenosha (2023) Municipal ordinance — 25 grams/0.88 ounces or less — adult 18 or older, civil forfeiture punishable by $1 and costs

This is not an exhaustive list. Check your jurisdiction's ordinances to see if it has decriminalized cannabis use.

Wisconsin has a conditional discharge system in place for the first time an offender is arrested for possession of cannabis. Eligible first-time offenders go on pre-trial probation. The candidate must clear certain hurdles. If they succeed, the charge gets expunged from their public criminal record. The Department of Justice keeps a non-public record of the offense, as this is a one-time opportunity.

Driving under the influence of cannabis carries a DUI charge. Under per se law, you can be guilty of DUI if you have a controlled substance in your system when you are driving. Law enforcement does not have to prove impaired driving to get a conviction.

Efforts for Cannabis Legalization in Wisconsin

Wisconsin has spent the past few years stuck in the cycle of proposed medical use marijuana legalization. Bills either get "poison pill" amendments or are left to die by Republican lawmakers on the assembly floor.

In 2024, Assembly Bill 861 (AB 861) failed to get a vote. This is despite the revenue from an excise tax on recreational cannabis.

Wisconsin Marijuana Law Penalties

The table below recaps what you've learned about marijuana laws in Wisconsin and offers a detailed summary of the penalties for marijuana offenses in the state.

Relevant Wisconsin marijuana laws	Wisconsin Statutes Chapter 961: Uniformed Controlled Substances Act Section 961.01 (definitions) Section 961.13 (schedule I drug tests) Section 961.14 (schedule I drugs) Section 961.32 (possession authorization) Section 961.38 (prescriptions) Section 961.41 (prohibited acts A - penalties) Section 961.47 (conditional discharge for possession or attempted possession as first offense) Section 961.49 (offenses involving intent to deliver or distribute a controlled substance on or near certain places)
Is marijuana legal in Wisconsin?	No. Marijuana is illegal in Wisconsin.
Wisconsin marijuana possession penalties	All marijuana possession in Wisconsin is illegal under state law. Marijuana Possession Penalties: Possession of any amount — first offense* (misdemeanor): Up to six months in jail and a fine of up to $1,000 Possession of any amount — subsequent offense (Class I felony): Up to three years and six months in prison and a fine of up to $10,000 *First-time offenders of possession of marijuana may be eligible for conditional discharge. This allows for pre-trial probation. If the defendant completes all program requirements, the charge gets expunged from the public criminal record. Several Wisconsin cities have passed local decriminalization ordinances. These turn minor possession of small amounts of marijuana from misdemeanors to civil violations that carry a smaller fine and no jail time. These cities include: Appleton Eau Claire Green Bay Kenosha La Crosse Madison Marshfield Milwaukee Oshkosh Racine Waukesha Wausau While these ordinances decriminalize possession of small amounts of marijuana, they do not make it legal in these places.
Wisconsin marijuana sale penalties	Sale of any amount of marijuana is illegal in Wisconsin. 200 grams/7.06 ounces or less (class I felony): Up to three years and six months in prison and a fine of up to $10,000 More than 200 grams/7.06 ounces but not more than 1,000 grams/35.27 ounces (class H felony): Up to six years in prison and a fine of up to $10,000 More than 1,000 grams/35.27 ounces but not more than 2,500 grams/88.185 ounces (class G felony: Up to 10 years in prison and a fine of up to $25,000 More than 2,500 grams/88.185 ounces but not more than 10,000 grams/22.05 pounds (class F felony): Up to 12.5 years in prison and a fine of up to $25,000 More than 10,000 grams/22.05 pounds (class E felony): Up to 15 years in prison and a fine of up to $50,000 Subsequent convictions are subject to enhanced penalties.
Wisconsin marijuana cultivation penalties	All marijuana plant cultivation in Wisconsin is illegal. 4 plants or less (class I felony): Up to three years and six months in prison and a fine of up to $10,000 More than four plants but not more than 20 plants (class H felony): Up to six years in prison and a fine of up to $10,000 More than 20 plants but not more than 50 plants (class G felony): Up to 10 years in prison and a fine of up to $25,000 fine More than 50 plants but not more than 200 plants (class F felony): Up to 12.5 years in prison and a fine of up to $25,000 More than 200 plants (class E felony): Up to 15 years in prison and a fine of up to $50,000

Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult a Wisconsin criminal defense attorney or conduct independent legal research to verify the status of any Wisconsin state laws you are reviewing.