Wisconsin Marijuana Laws

Created by FindLaw's team of legal writers and editors | Last reviewed October 27, 2020

It seems like every day we hear about another state changing their laws on marijuana. From medical marijuana in some states to legalization and decriminalization in others, it can sometimes seem impossible to keep track of which laws apply where. The same is true for the Badger State, with Wisconsin passing its first medical marijuana bill in 2014. So where does the state stand on pot now? Here’s a quick summary of the of Wisconsin marijuana laws.

Marijuana Under Wisconsin Law

Marijuana possession and sale (and sometimes home cultivation) is legal in a growing number of states, first in Colorado and Washington. In some states, like Wisconsin, it is becoming permissible to allow the medicinal use of cannabis. While state law technically permits the use of medicinal marijuana in Wisconsin, the statute is very limited. Only use of cannabidiol in a form without a psychoactive effect is allowed, and only to treat a seizure disorder.

Wisconsin Marijuana Statutes

The main provisions of Wisconsin marijuana laws are highlighted in the following chart.

Code Section	§961.41 et seq.; §961.38 et seq.
Possession	Misdemeanor, up to 6 mos. and/or fine up to $1000; Subsequent offense: class I felony However, many cities including Appleton, Eau Claire, Green Bay, Kenosha, La Crosse, Marshfield, Milwaukee, Racine, Waukesa, and Wausau have passed ordinances making minor marijuana possession a civil violation that carries a smaller fine instead of the criminal offense stated above.
Sale	4 plants or 200 g. or less: class I felony; 200 g.-1 kg. or 4-20 plants: class H felony; 1-2.5 kg. or 20-50 plants: class G felony; 2.5-10 kg.: class F felony; over 10 kg.: class E felony; Subsequent offense or sale to minor: double penalties; Sale within 1000 ft. of school of less than 25 g. or 5 plants: mandatory 1 yr. without probation; exception for pharmacy or physician dispensing “cannabidiol in a form without a psychoactive effect as treatment for a seizure disorder”
Trafficking	-

Despite some state marijuana laws permitting the use and sale of marijuana, federal law still criminalizes the possession and sale of marijuana by way of the Controlled Substance Act. (And in cases where state and federal law conflict, federal law always wins out.) However, most federal law enforcement agencies have not intruded on states’ handling of the majority of marijuana cases. Even so, the federal government still has the power to penalize everything from simple pot possession to the manufacturing and cultivation as well as trafficking and distribution of marijuana.