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As of 2025, only CBD products containing no more than 0.3% THC are legal in Wisconsin, according to SB 188 (2019) and Assembly Bill 49. Recreational use of cannabis remains illegal. A first offense for possession of any amount comes with penalties of up to 6 months in jail and/or $1,000 in fines. Any subsequent offenses are considered felonies and come with up to 3.5 years in jail and/or $10,000 in fines. In Wisconsin, the maximum penalty for possession of drug paraphernalia (pipe, bong, needle, etc.) is 30 days in jail and a $500.00 fine. Fines can increase to include prison and jail time for intent to distribute charges.
Milwaukee Drug Charges Attorney Explains Marijuana Laws and Penalties in Wisconsin
Possession of THC, possession of drug paraphernalia, intent to distribute marijuana, growing marijuana, and keeping a drug house are all illegal in Wisconsin and come with harsh consequences. If you've been charged with possession, you need an experienced Milwaukee drug charge attorney. Below you'll find a summary of Wisconsin marijuana laws and the penalties for a variety of charges.
People Are Only Accused if Charged with a Crime
Laws vs Facts on Decriminalization of Recreational Marijuana
In Wisconsin, several local jurisdictions have enacted municipal laws or resolutions to (either fully or partially) decriminalize minor recreational cannabis possession offenses. Madison is the only jurisdiction with full decriminalization of marijuana possession (up to 28 grams). Despite statewide marijuana legalization seeming inevitable, it is still years from passing. Remember: marijuana possession, even in decriminalized jurisdictions, can still result in penalties under Wisconsin Statute § 961.41 if found in quantities exceeding local allowances or in connection with other illegal activity.
Please note: Marijuana is still a Schedule I hallucinogenic substance under the Wisconsin Uniform Controlled Substances Act.
Medical Marijuana Coming to Wisconsin?
As of now, medical marijuana in Wisconsin is only available to those with a written letter from a physician and cannot produce any psychoactive effects. These restrictions mean Wisconsin medical marijuana is limited to CBD. Wisconsin Senator Jon Erpenbach (D-Middleton) and Representative Chris Taylor (D-Madison) have introduced legislation seeking to provide qualified patients with legal access to medical cannabis with a physician's authorization. The proposed bills would allow for possession of up to 3 ounces of marijuana and up to 12 plants.
Defense from the Best Marijuana Lawyer in Your Area
- Brookfield-Waukesha Marijuana/THC Attorney
- Glendale-Whitefish Bay Marijuana/THC Attorney
- Madison Marijuana/THC Attorney
- Milwaukee Marijuana/THC Attorney
Possession of THC
Offense |
Penalty |
Incarceration |
Max. Fine |
|---|---|---|---|
| Any amount (first offense) | Misdemeanor | 6 months | $1,000 |
| Any amount (subsequent offense) | Felony | 3.5 years | $10,000 |
Possession of Drug Paraphernalia
Offense |
Penalty |
Incarceration |
Max. Fine |
|---|---|---|---|
| Use or possession with intent to use paraphernalia | Misdemeanor | 30 days | $500 |
| Sale or distribution of paraphernalia | Misdemeanor | 90 days | $1,000 |
| Selling to a minor | Misdemeanor | 9 months | $10,000 |
- Any amount of drug paraphernalia – The maximum penalty for first offense drug paraphernalia possession in Wisconsin of drug paraphernalia (pipe, bong, needle, etc.) is 30 days in jail and a $500.00 fine.
Possession of Drug Paraphernalia could mean loss of driver’s license for minors, fines and a community service requirement.
Wisconsin Possession with Intent to Distribute or Deliver Penalties
Offense |
Penalty |
Incarceration |
Max. Fine |
|---|---|---|---|
| 200 grams of THC or Less (0.44 lbs) | Class I Felony | 3.5 years | $10,000 |
| 200-1000 grams of THC (0.44-2.2 lbs) | Class H Felony | 6 years | $10,000 |
| 1000-2500 grams of THC (2.2-5.5 lbs) | Class G Felony | 10 years | $25,000 |
| 2500-10000 grams of THC (5.5-22 lbs) | Class F Felony | 12.5 years | $25,000 |
| More than 10000 grams of THC (22+ lbs) | Class E Felony | 15 years | $50,000 |
| *Includes a Wisconsin possession with intent to distribute charge and a Subsequent offense is subject to additional penalties |
Cultivation/Growing Marijuana
Offense |
Penalty |
Incarceration |
Max. Fine |
|---|---|---|---|
| 4 plants or fewer | Felony | 3.5 years | $10,000 |
| 4-20 plants | Felony | 6 years | $10,000 |
| 20-50 plants | Felony | 10 years | $25,000 |
| 50-200 plants | Felony | 12.5 years | $25,000 |
| More than 200 plants | Felony | 15 years | $50,000 |
| *Subsequent offense is subject to additional penalties |
You are only a criminal if you are convicted™
Often paired with Marijuana charges is the charge of maintaining a drug trafficking place and operating over the legal limit of THC in Wisconsin. Grieve Law can handle cases from all areas of criminal law, including OWI charges and firearm possession. Learn more about DWI penalties in Wisconsin.
Wisconsin drug laws in 2025 may be different from 2026 and future years.
Contact our Milwaukee marijuana possession defense attorney today and request your free legal consultation.
In Wisconsin, how long does a possession of marijuana charge stay on your record?
As of 2025, 1st offense possession of marijuana charge (without intent to sell, distribute, or deliver) in Wisconsin could stay on your record for life.
How to Beat a Weed Charge in Wisconsin
- Challenge the police's stop of the motor vehicle
- Challenge the "possession" of Marijuana/THC
- Challenge the legality of the police search
