Cannabis law in Wisconsin (2026)
Last reviewed: 9 October 2026
In short: Possessing marijuana in Wisconsin is punishable on a first conviction by a fine of up to $1,000 or up to 6 months in jail, and later offences are felonies. Growing and distributing marijuana are felonies graded by plant count or amount. No rule on medical use could be confirmed from the statute text read.
| Rule | What applies |
|---|---|
| Possession for personal usePersonal use by an adult | Criminal offence [1] |
| Quantity limitsPersonal use by an adult | No quantity is lawful. Possessing or attempting to possess tetrahydrocannabinols (marijuana) without authorisation is punishable by a fine of up to $1,000, up to 6 months in jail or both on a first conviction, and is a Class I felony for a second or later offence. [1] |
| Growing at homePersonal use by an adult | Prohibited [1] |
| Sale to consumersPersonal use by an adult | Prohibited [1] |
| Medical cannabisPersonal use by an adult | ⚠ Not yet verified |
| Driving after cannabis usePersonal use by an adult | Zero tolerance: no one may drive with a detectable amount of a restricted controlled substance in the blood, which includes delta-9-THC. Driving under the influence of a controlled substance is also an offence; a valid prescription for delta-9-THC is a defence to the detectable-amount charge. [2] |
Notes
- A first conviction carries a fine of up to $1,000, imprisonment of up to 6 months, or both; a second or later offence is a Class I felony. There is no quantity threshold in the possession penalty.
- Manufacturing, which includes propagating, tetrahydrocannabinols is a felony in graded tiers by plant count, starting at 4 or fewer plants (Class I felony). Hemp-limit cannabis is excluded under s. 961.32(3).
- Distributing or delivering marijuana is a felony graded by amount, starting at 200 grams or less (Class I felony).
Sources
- Wisconsin Legislature: Wisconsin Statutes Chapter 961, Uniform Controlled Substances Act, 2023-24 Wis. Stats. updated through 2025 Wis. Act 247, published 5 August 2026 (Internet Archive snapshot of 27 August 2026) (consulted 9 October 2026) · all sources
- Wisconsin State Legislature: Wis. Stat. § 346.63 Operating under influence of intoxicant or other drug (Internet Archive snapshot of 21 May 2026) (consulted 10 October 2026) · all sources
National rules that also apply
These rules are set at national level in the United States and apply here too, alongside the rules above. All national rules for the United States
| Possession for personal use | Criminal offence (source: U.S. Government Publishing Office (govinfo)) |
|---|---|
| Growing at home | Prohibited (source: U.S. Government Publishing Office (govinfo)) |
| Sale to consumers | Prohibited (source: U.S. Government Publishing Office (govinfo)) |
Wisconsin and neighbouring states
| State | Possession for personal use | Growing at home | Sale to consumers | Use or carrying in public places | Medical cannabis | Visitors |
|---|---|---|---|---|---|---|
| Wisconsin | Criminal offence (misdemeanour, then felony) | No (felony) | No (felony) | — | ⚠ Not yet verified | — |
| Iowa | Criminal offence | No | No | — | Restricted medical programme | — |
| Illinois | Legal for 21+ within limits | No (medical patients only) | Licensed dispensaries | Banned in public places | Medical programme with dispensaries | Yes, but half the resident limit |
| Michigan | Legal for adults 21+, within limits | Yes: up to 12 plants | Licensed retailers | Not allowed in public places | Separate medical programme | Source silent on visitors |
| Minnesota | Legal for adults 21+, within limits | Yes: 8 plants, max 4 mature | Licensed sellers only | Private property or licensed venues | Medical registry programme | Source silent on visitors |
More rules in Wisconsin
- Car speed limitsBuilt-up areas: 25 mph; 35 mph outlying · Outside built-up areas (single carriageway): 55 mph
- Minimum age for a car driving licenceMinimum age for a car licence: 16 (probationary licence) · Earliest age to drive a car supervised: 15 (instruction permit)
- E-bikes and speed pedelecsLegal class: Three classes · Minimum age: Class 3: 16
- FireworksConsumers may buy and use category F2 fireworks: Yes, with a municipal permit
- Knives and pepper sprayFolding pocket knives: Knives excluded from concealed-carry ban · Locking or one-handed knives: Any knife excluded
- Statutory minimum wageNational statutory minimum wage: Yes (state law) · Current adult minimum wage (gross): $7.25 per hour
- Using a mobile phone while drivingHolding a phone while driving banned: No (texting only) · Hands-free use: Allowed
- Seat belts and child seatsSeat belt compulsory in front seats: Yes · Seat belt compulsory in rear seats: Yes
- Tobacco and nicotine age limitsMinimum age to buy tobacco: 21 · Minimum age to buy e-cigarettes: 21
- Drinking age and alcohol salesMinimum age to buy beer and wine: 21 · Minimum age to buy spirits: 21
- Drink-driving limitsBlood alcohol limit for ordinary drivers: 0.08% · Lower limit for novice or young drivers: Zero (under 21)
Related pages
General information, not legal advice. Rules change: check the official source before you fly or ride.