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Cannabis remains illegal for recreational use in Wisconsin. 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, 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.
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.
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. For example, Madison has fully decriminalized marijuana possession (up to 28 grams). Other cities, such as 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.
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.
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:
Although some states have legalized cannabis, marijuana remains illegal under federal law.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Any amount (first offense) | Misdemeanor | 6 months | $1,000 |
| Any amount (subsequent offense) | Felony | 3.5 years | $10,000 |
| 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.
| 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
| 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
Marijuana possession charges can often be paired with charges for maintaining a drug trafficking place and operating a vehicle over the legal limit of THC. If you or a loved one is facing marijuana-related charges in Wisconsin, don’t take risks with your future. Grieve Law’s experienced criminal defense attorneys will help protect your rights and provide expert legal representation.
Schedule a free consultation with our marijuana possession defense attorneys today.
There are no dispensaries for THC in Wisconsin, as marijuana possession is illegal.
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.
CBD will not show up in a drug test because drug tests do not screen for it. CBD products may well contain THC, however, so you can fail a drug test after taking CBD products
Yes, CBD is legal in Wisconsin. However, be careful of the fact that THC is in some CBD and could cause problems.
CBD is legal to the public in Wisconsin, you do not need any sort of medical card.
