Wisconsin Marijuana Laws

Current Legality State
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Wisconsin State Information Page

  • Recreational Marijuana is Illegal
  • Not Decriminalized 
  • CBD oil and a limited medical marijuana program are approved for severe epilepsy
  • Possession is not allowed
  • Cultivation is illegal
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Wisconsin has a minimal CBD oil medical program and is one of thirteen states in the US that will not legalize marijuana for medical use. This state also has some of the harshest penalties in the country, with marijuana possession of even small amounts could lead to a Misdemeanor and a fine. However, marijuana advocates are attempting to get a medical marijuana bill passed in 2022 that would legalize medical marijuana for patients with a referral from a Physician.

State Laws and Offenses

Here’s a current list of penalties for possession, sale, and distribution of marijuana, concentrate, or paraphernalia in Wisconsin.

  • Marijuana is a Schedule I hallucinogenic substance under the Wisconsin Uniform Controlled Substances Act. 
  • Federally, cannabis is still considered a Schedule I Controlled Substance
  • Possession of any amount is a Misdemeanor, six months incarceration, and a 1,000 USD fine. 
  • Wisconsin does have local jurisdictions that have enacted their own laws or resolutions to either fully or partially decriminalize small amounts of cannabis possession. 
  • Subsequent possession is a Felony, 3.5 years, and a 10,000 USD fine
  • Sales of any kind is a Felony; penalties range from 3.5 to 15 years and 10,000 USD to 50,000 USD depending on the pounds 
  • Cultivation of any kind is a Felony; penalties range from 3.5 to 15 years and 10,000 USD to 50,000 USD depending on the pounds 
  • Possession of paraphernalia is a Misdemeanor with 30 days incarceration and a 500 USD fine

Eighty-three percent of Wisconsin voters support legalizing medical marijuana in the state. Fifty-nine percent feel that recreational marijuana should be legal.


Medical cannabis is not legal, so you cannot use a medical marijuana card in Wisconsin.


Not for marijuana, only hemp. There are dispensaries within the state that sell CBD-devived edible products. 

Yes. CBD derived from the hemp plant is legal in Wisconsin if it has under 0.3% THC due to the passing of the Farm Bill of 2018. 

Requirements are as follows: 

Be 18 years of age or older

You must be able to provide proof of your IL residency

You must have a diagnosis that qualifies in Illinois and a doctor’s prescription.

You must submit a signed Physician Certification with your MMP application – and that is where Leafy Doc can help.  We can assist with booking your appointment and then provide the Physician Certification so that you can apply to get your medical card. Once you have the card, you may visit licensed medical marijuana dispensaries and even grow medical cannabis.

Yes, hemp farming is legal in Wisconsin. The state has regulation and licensing systems for hemp, separate from the federal 2018 Farm Bill guidelines.

In Wisconsin, hemp crops must have a THC concentration lower than 0.3%, and any found with higher concentrations are supposed to be destroyed. 

Cannabis Policy Reform Timeline

1940: Wisconsin was the nation’s leading hemp producer and distributor, prior to the federal prohibition.

1958: Rens Hemp Company was shut down and industrial hemp was banned

2014: CBD oil was legalized for limited conditions under “Lydia’s Law”

2017: CBD oil is legalized for all residents; the cultivation of hemp is re-legalized

The years 2013, 2015, and 2017: bills for cannabis legalization were introduced and quickly killed by Wisconsin legislature

2019: Newly-elected Governor Evers offers support for legalizing medical marijuana and decriminalizing minor possession.  He announces he will be including the medicinal marijuana bill and initiative in his budget. The Wisconsin medical society has offered support for legalization for medical purposes and for the opportunity to create true medical therapies developed from cannabis.

2022: There are marijuana reform initiatives and bills to legalize cannabis up for a vote this year. Many Republican lawmakers in the state are still refusing to show their support.

Updated 6.14.2022