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Cannabis remains illegal for recreational use in Wisconsin in 2025. 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 may increase to include prison and jail time for intent to distribute charges.
2025 Marijuana Laws & Penalties in Wisconsin
Marijuana laws in Wisconsin remain among the strictest in the Midwest. While neighboring states have moved toward legalization, Wisconsin continues to enforce harsh penalties for the possession, distribution, and cultivation of cannabis. However, some cities and counties have taken steps to decriminalize small amounts of marijuana, creating a patchwork of local ordinances that differ from state law.
Before assuming possession is “no big deal” in a decriminalized area, it’s important to understand that Wisconsin state law still criminalizes marijuana and can lead to serious charges.
Current Status of Recreational Marijuana
As of 2025, Wisconsin has not legalized recreational marijuana. Possession of any amount remains illegal under state law and can result in misdemeanor or felony charges, depending on prior offenses and intent.
However, some local jurisdictions have reduced penalties for minor possession. Madison is currently the only Wisconsin city with full decriminalization of marijuana possession (up to 28 grams). Other cities, such as Milwaukee and Green Bay, have lowered fines for small amounts but still maintain criminal penalties under certain circumstances. Despite these local changes, state law still applies statewide under Wisconsin Statute 961.41.
Medical Marijuana in Wisconsin
Wisconsin has no fully legal medical marijuana program. The state allows CBD oil use with no need for a physician’s recommendation, but the law strictly limits THC content. The current law does not provide protections for those using THC for medical purposes, even at a doctor’s recommendation. There have been multiple legislative attempts to introduce a medical marijuana program, but none have successfully passed as of 2025.
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, aiming to allow possession of up to 3 ounces of marijuana and 12 plants for qualified patients. However, these bills remain stalled in the Wisconsin legislature.
What Marijuana Decriminalization Means in Wisconsin
Some Wisconsin municipalities have decriminalized possession of small amounts of marijuana. This typically means reduced fines or no jail time for minor possession offenses. However, decriminalization is not the same as legalization. Even in cities with relaxed enforcement, state law still applies and you can face criminal charges if caught with marijuana.
For example:
- Madison allows up to 28 grams of marijuana for personal use.
- Milwaukee reduced the fine for possession under 25 grams to a low-dollar citation.
- Green Bay has significantly reduced penalties for minor possession, but multiple offenses can still lead to state charges.
Federal & State Legal Conflicts
Although some states have legalized cannabis, marijuana remains illegal under federal law.
- Wisconsin classifies marijuana as a Schedule 1 controlled substance, meaning it is considered to have no medical use and a high potential for abuse.
- Federal laws prohibit the possession, distribution, or use of marijuana, regardless of state law.
- Federal authorities generally do not prosecute minor possession cases, but serious offenses like distribution across state lines or possession of federal property can lead to federal drug charges.
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 |
