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Wisconsin Marijuana Laws Is Weed Legal? 2022 update.

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 may increase to include prison and jail time for intent to distribute charges.

Tom Grieve

OWI & Criminal Defense Attorney

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Milwaukee Drug Charges Attorney Explains Marijuana Laws and Penalties in Wisconsin

Marijuana laws in Wisconsin: THC defense attorney

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 state-wide marijuana legalization seeming inevitable, it is still years from passing.

Please note: Marijuana is still a Schedule I hallucinogenic substance under the Wisconsin Uniform Controlled Substance 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

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

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
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 2022 may be different from 2025 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 2022, 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

  1. Challenge the police stop of the motor vehicle
  2. Challenge the "possession" of Marijuana/THC
  3. Challenge the legality of the police search
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Can you go into a dispensary without a card in Wisconsin?

There are no dispensaries for THC in Wisconsin, as marijuana possession is illegal.

Is it legal to drive on CBD in Wisconsin?

It is illegal to have Delta-9 in your system at the time that you are driving - any amount. So if you use CBD with THC in it, it is possible that Delta-9 will show up in your system and you could be convicted of an OWI.

Does CBD show up on a drug test?

CBD will not show up in a drug test because drug tests are not screening for it. CBD products may well contain THC, however, so you can fail a drug test after taking CBD products

Is CBD legal in Wisconsin 2022?

Yes, CBD is legal in Wisconsin. However, be careful of the fact that THC is in some CBD and could cause problems.

Do you need a medical card for CBD in Wisconsin?

CBD is legal to the public in Wisconsin, you do not need any sort of medical card.