Wisconsin Marijuana Laws
By Kit Yona, M.A. | Legally reviewed by John Mascolo, Esq. | Last reviewed March 05, 2025
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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
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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:
*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:
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.
Subsequent convictions are subject to enhanced penalties. |
Wisconsin marijuana cultivation penalties | All marijuana plant cultivation in Wisconsin is illegal.
|
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.
Wisconsin Marijuana Laws: Related Resources
- Marijuana Legalization and Decriminalization Overview
- Cannabis Law Section
- Medical Marijuana Laws by State
- Supporting Marijuana Decriminalization in Your State
- Medical Marijuana Overview
Charged With a Drug Crime? A Defense Attorney Can Help
All forms of marijuana use in Wisconsin are illegal. The penalties for any possession of marijuana can be severe and life-altering. Whether you need an explanation of Wisconsin cannabis laws or are facing marijuana-related charges, consider speaking with a Wisconsin drug crime attorney. They can offer legal advice, help you understand your options, and represent you if necessary.
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