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Wisconsin: Everything You Need to Know
Wisconsin Laws
Wisconsin does not have a comprehensive medical cannabis program. The state only allows CBD (cannabidiol) products with minimal THC content. Medical marijuana with meaningful THC levels remains illegal.
- Wisconsin allows CBD possession only if it has “no psychoactive effect” and patients have physician’s written approval.
- CBD must contain no more than 0.3% THC to comply with federal hemp laws.
- There are no licensed dispensaries for medical marijuana products containing THC.
- Home cultivation of cannabis is prohibited.
- Recreational cannabis is illegal in Wisconsin.
- Possession of any amount of marijuana remains illegal and can result in misdemeanor or felony charges.
- First-time possession is typically a misdemeanor punishable by up to 6 months in jail and/or a $1,000 fine.
- Madison is the only Wisconsin city with full decriminalization (up to 28 grams); other cities have reduced fines but maintain criminal penalties.
Wisconsin Reform Timeline
2014 – CBD-Only Law Enacted
- Governor Scott Walker signs A.B. 726, exempting individuals with seizure disorders from criminal penalties for possessing non-psychoactive CBD with physician approval.
2017 – CBD Law Expanded
- Act 4 expands CBD exception to patients with any medical condition, not just seizures.
2018 – Voter Referendums Pass
- Advisory referendums show 67-89% support for medical cannabis and 60-76% support for adult-use in counties where they appeared on ballots.
2024 – Medical Cannabis Compromise Fails
- Republican legislative leaders deadlock over state-run vs. private dispensary models; no medical marijuana bill advances despite signals of openness.
2025 – Medical Cannabis Bill Introduced, Budget Rejected
- Republican lawmakers introduce new medical marijuana bill in September (outcome pending); Governor’s budget proposal with full legalization rejected by legislature in May.
Wisconsin Possession Limitc
Wisconsin does not have a medical marijuana program. Only CBD products with minimal THC are legal for patients with physician approval:
- Patients may possess CBD products containing no more than 0.3% THC.
- CBD must be in a “non-psychoactive” form with physician’s written certification.
- No specific quantity limits exist for legal CBD products.
- Only one FDA-approved CBD prescription drug (Epidiolex) is officially recognized.
- Home cultivation is strictly prohibited.
- Possession of marijuana (cannabis with THC levels above 0.3%) remains completely illegal for any purpose.
- Criminal penalty for first offense is up to 6 months in jail and/or $1,000 fine (misdemeanor).
- Criminal penalty for second offense is\xA0 up to 1 year in jail and/or $2,000 fine (misdemeanor).
- Criminal penalty for third or subsequent offense is up to 3.5 years in prison and/or $10,000 fine (felony).
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FAQs
Is marijuana legal in Wisconsin?
No. Both recreational and medical marijuana remain illegal in Wisconsin as of 2025. Possession of any amount is a criminal offense that can result in jail time and fines. Wisconsin is one of only few states without a medical marijuana program despite 86% public support.
What happens if I’m caught with marijuana in Wisconsin?
First offense: Up to 6 months in jail and/or $1,000 fine (misdemeanor). Second or subsequent offense: Up to 3.5 years in prison and/or $10,000 fine (felony). Enhanced penalties apply if caught within 1,000 feet of schools, parks, or youth centers.
Is CBD legal in Wisconsin?
Yes. CBD products are legal in Wisconsin as long as they contain no more than 0.3% THC. You do not need a physician's recommendation to purchase CBD, but be aware that some CBD products may contain trace amounts of THC that could show up on drug tests.
Can I bring marijuana from other states into Wisconsin?
No. Transporting marijuana across state lines into Wisconsin is illegal under both state and federal law, even if purchased legally in neighboring states. This is a federal offense that can result in 5-10 years in prison.
Do Wisconsin voters support marijuana legalization?
Yes, overwhelmingly. A February 2025 Marquette Law School poll found that 86% of Wisconsin voters support medical marijuana legalization and 63% support recreational legalization. In November 2018 advisory referendums, medical cannabis received 67-89% approval and recreational use received 60-76% approval in the counties where they appeared on ballots. Despite this strong public support, the Republican-controlled legislature has repeatedly blocked legalization efforts. Republican lawmakers introduced a new medical marijuana bill in September 2025, but its passage remains uncertain.
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