No. Marijuana is illegal in Wisconsin for both recreational and medical use, and a first possession conviction can bring up to 6 months in jail and a $1,000 fine under state law. The only legal exceptions are physician-certified CBD products and federally defined hemp, and a medical marijuana bill died when the 2026 legislative session ended on March 23, 2026.
Wisconsin borders three states with legal adult-use cannabis, but its own law has not softened. This guide explains Wisconsin law as of October 2026, what some cities do differently, and how the federal hemp changes affect THC products. It is general information, not legal advice.
Wisconsin Cannabis Laws at a Glance
| Topic | The rule in Wisconsin | Source |
|---|---|---|
| Legal status | Illegal for recreational and medical use | Wis. Stat. ch. 961 |
| Possession, first offense | Misdemeanor: up to $1,000 fine, up to 6 months in jail, or both | Wis. Stat. 961.41(3g)(e) |
| Possession, second offense | Class I felony | Wis. Stat. 961.41(3g)(e) |
| Home grow | Illegal; growing 4 or fewer plants is a Class I felony | Wis. Stat. 961.41(1)(h) |
| Where to buy | Nowhere legally; no dispensaries | Wis. Stat. ch. 961 |
| City ordinances | Cities, villages and towns may treat small amounts as a local forfeiture | Wis. Stat. 66.0107(1)(bm) |
| Driving | Any detectable delta-9 THC in the blood (1 ng/mL or more) is an OWI offense | Wis. Stat. 346.63(1)(am) |
| CBD | Legal as hemp, or with a physician’s certification for non-hemp CBD | Wis. Stat. 961.32(2m) |
| Medical program | None; SB 534 failed to pass on March 23, 2026 | Wisconsin Legislature |
| Taxes | No legal market, so no cannabis tax | n/a |
Is Marijuana Legal in Wisconsin?
No. Tetrahydrocannabinols (THC) are a controlled substance under Wisconsin’s Uniform Controlled Substances Act, chapter 961 of the statutes. Wisconsin has never passed a medical marijuana law, an adult-use law or a statewide decriminalization law, and its constitution does not allow citizen-initiated ballot measures, so any change has to come through the Legislature.
Cannabis is also illegal under federal law for adult use. Since April 2026, federal Schedule III status applies only to marijuana held under a state medical marijuana license and to FDA-approved products, and Wisconsin issues no such licenses. See our guide to federal marijuana law in 2026.
Possession Penalties in Wisconsin
Under Wis. Stat. 961.41(3g)(e), possessing any amount of THC is a crime:
- First conviction: a fine of up to $1,000, up to 6 months in jail, or both.
- Second or later conviction: a Class I felony. A prior conviction under any drug law in Wisconsin, another state or federal law counts, not only a prior marijuana conviction.
There is no minimum amount. Selling, delivering or manufacturing THC is charged separately under Wis. Stat. 961.41(1)(h), starting at a Class I felony for 200 grams or less and rising to a Class E felony for more than 10,000 grams or more than 200 plants.
Expungement is narrow. Under Wis. Stat. 973.015, a judge may order a record expunged only if the person was under 25 at the time of the offense and the crime carries a maximum of 6 years or less. Past marijuana convictions are not automatically expunged.
City Ordinances: Why Penalties Vary by Location
State law lets a city, village or town adopt its own ordinance banning marijuana possession and set a forfeiture (a civil fine) instead of a criminal charge, under Wis. Stat. 66.0107(1)(bm). The ordinance route is not available if the person has more than 25 grams or has a prior Wisconsin marijuana possession conviction, unless the district attorney declines to prosecute or the charge is dismissed.
Many larger cities use this option. Two examples:
- Madison: In November 2020 the Common Council allowed people 18 and older to possess or use up to 28 grams on public and private property with the owner’s permission, and reduced most citation fines to $1 plus court costs, as reported by the Wisconsin Examiner.
- Green Bay: In March 2022 the city cut the penalty for possessing 28 grams or less to court costs only, about $61, while keeping fines for public use, according to Wisconsin Public Radio.
A city ordinance does not change state law. Other police agencies can still charge the state crime, and the ordinances do not cover driving, sales or larger amounts.
Medical Marijuana and CBD in Wisconsin
Wisconsin has no medical marijuana program. The closest it comes is a CBD exception. Under Wis. Stat. 961.32(2m), a person may possess a cannabidiol product if a licensed physician has issued a certification, dated within the past year, stating that it is used to treat a medical condition. Hemp-derived CBD and FDA-approved prescription drugs such as Epidiolex do not need the certification.
The most recent medical bill, 2025 Senate Bill 534, was introduced on October 15, 2025, by Republican Sens. Patrick Testin and Mary Felzkowski. It would have created a registry for patients with listed conditions, banned smokable products and home growing, and sold products through licensed dispensaries. The Senate Health Committee recommended passage 4 to 1 on February 5, 2026, but the bill never reached a floor vote and failed to pass on March 23, 2026, when the session ended.
Driving and Cannabis
Wisconsin has a zero-tolerance rule for THC behind the wheel. Driving with a “detectable amount of a restricted controlled substance” in the blood is an OWI offense under Wis. Stat. 346.63(1)(am). For delta-9 THC, that means 1 nanogram per milliliter of blood or more, under Wis. Stat. 340.01(50m). Inactive metabolites do not count, but no proof of impairment is needed.
Delta-8, THCA and Hemp THC Products
Hemp-derived products, including delta-8 gummies and THCA flower, are widely sold in Wisconsin because the state has largely followed the federal hemp definition and has not passed its own intoxicating hemp law. That situation is about to change through federal law, not state law:
- November 12, 2026: The federal hemp redefinition in H.R. 5371 removes products with cannabinoids the plant cannot naturally produce, such as THC-O, from the definition of hemp. HHC may also be affected.
- December 11, 2026: The exclusion of converted cannabinoids such as delta-8 made from CBD, the total-THC standard and a cap of 0.4 mg total THC per container take effect for products with naturally occurring cannabinoids, after H.R. 6500 delayed them. THCA counts toward total THC.
State bills to regulate these products did not pass. SB 644, which would have barred sales of intoxicating hemp products to people under 21, failed to pass on March 23, 2026. Gov. Tony Evers has asked Congress to revise the federal definition, but as of October 2026 the deadlines stand.
Crossing State Lines and Federal Land
Cannabis bought legally in Illinois, Minnesota or Michigan becomes illegal possession once it enters Wisconsin, and crossing a state line with it violates federal law. TSA refers cannabis found at airport screening to police, and cannabis is illegal on federal land such as the Chequamegon-Nicolet National Forest.
From the editor, James Buddsey: Wisconsin is the reverse of its neighbors. A short drive to Illinois or Minnesota puts you in a legal market, but the moment you cross back, that same gram is a crime, and a second one can be a felony. Treat the state line as the end of legal cannabis.
Wisconsin Marijuana Laws FAQ
Is weed legal in Wisconsin?
No. Marijuana is illegal for recreational and medical use in Wisconsin as of October 2026. Only physician-certified CBD and federally defined hemp products are legal.
What is the penalty for possession in Wisconsin?
A first conviction carries up to a $1,000 fine, up to 6 months in jail, or both. A second or later conviction is a Class I felony under Wis. Stat. 961.41(3g)(e). Some cities handle small amounts with a civil fine instead.
Does Wisconsin have medical marijuana?
No. SB 534, a Republican medical cannabis bill, failed to pass on March 23, 2026. Patients may possess CBD with a physician’s certification under Wis. Stat. 961.32(2m).
Can you grow weed in Wisconsin?
No. Growing even 4 or fewer plants is a Class I felony under Wis. Stat. 961.41(1)(h).
Is delta-8 legal in Wisconsin?
Delta-8 and THCA products are sold under the federal hemp rules, but the federal redefinition removes converted cannabinoids such as delta-8 from hemp and caps products at 0.4 mg total THC per container from December 11, 2026.
Can I bring weed from Illinois or Minnesota into Wisconsin?
No. It becomes illegal possession under Wisconsin law the moment you cross the border, and crossing state lines with cannabis is a federal offense.
What is the THC limit for driving in Wisconsin?
Any detectable amount. Driving with 1 ng/mL or more of delta-9 THC in the blood is an OWI offense under Wis. Stat. 346.63(1)(am), whether or not you are impaired.
More Cannabis Law Guides
Compare Wisconsin with every other state in our state cannabis law guides, read the latest on federal marijuana law, or check the rules in neighboring Minnesota, Illinois, Michigan and Iowa.
Neighboring state guides: Minnesota · Michigan · Illinois · Iowa · All state cannabis laws
General information about Wisconsin cannabis law as of October 2026, not legal advice.