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Is Weed Legal In Wisconsin? (Wisconsin Marijuana Laws)

Is Weed Legal In Wisconsin - Is Delta 8 Legal in Wisconsin - Wisconsin Cannabis - Wisconsin Weed Laws

Is weed legal in Wisconsin?

This article is going to cover:

  • Wisconsin weed laws
  • legalization of recreational marijuana
  • medical marijuana legalization
  • House and Senate Bills for Wisconsin weed laws
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Is Weed Legal In Wisconsin?

Weed is not legal in Wisconsin for recreational use.

But weed is legal in Wisconsin for medical use.

There are limitations on medical use you need to know (more below).

Wisconsin Marijuana Laws

Let’s look at the different types of Wisconsin weed laws. 

OffensePenaltiesJail TimeMax Fines
Possession
Any Amount (First Offense)Misdemeanor6 months$1,000
Any Amount (Subsequent Offenses)Felony3.5 years$10,000
Sale Or Distribution
Up to 200 gramsFelony3.5 years$10,000
200 - 1,000 gramsFelony6 years$10,000
1,000 - 2,500 gramsFelony10 years$25,000
2,500 - 10,000 gramsFelony12.5 years$25,000
10,000+ gramsFelony15 years$50,000
Cultivation
Up to 4 plantsFelony3.5 years$10,000
4 - 20 plants Felony6 years$10,000
20 - 50 plants Felony10 years$25,000
50 - 200 plants Felony12.5 years$25,000
200+ plantsFelony15 years$50,000
Hash & Concentrates
Same as weed possession

Cannabis Possession Laws

These are the marijuana laws for personal possession of marijuana.

Recreational cannabis is not decriminalized in Wisconsin for adult use.

For recreational pot, possession of any amount of cannabis is a misdemeanor.

And a first offense will land you with up to 6 months in jail and a $1,000 fine.

But a second offense for possession of marijuana of any amount is a felony.

Along with any other subsequent offense.

And will get you up to 3.5 years in jail and a $10,000 fine.

Related: How Many People Are In Jail For Weed

Selling Marijuana In Wisconsin

These are the marijuana laws for personal possession of marijuana with intent to distribute.

Lawmakers automatically assume that you’re intending to distribute with 10+ lbs.

These will all be automatic felony convictions in Wisconsin.

Selling up to 200 grams is a felony with:

  • up to 3.5 years in jail
  • up to $10,000 in fines

Selling 200 grams – 1,000 grams is a felony with:

  • up to 6 years in jail
  • up to $10,000 in fines

Selling 1,000 grams – 2,500 grams is a felony with:

  • up to 10 years in jail
  • up to $25,000 in fines

Selling 2,500 grams – 10,000 grams is a felony with:

  • up to 12.5 years in jail
  • up to $25,000 in fines

Selling 10,000+ grams is a felony with:

  • up to 15 years in jail
  • up to $50,000 in fines

Wisconsin Cannabis Cultivation Laws

The cultivation of cannabis plants in Wisconsin is a felony conviction for any amount.

But the convictions for different amounts vary.

Growing up to 4 plants is a felony with:

  • up to 3.5 years in jail
  • up to $10,000 in fines

Growing 4 plants – 20 plants is a felony with:

  • up to 6 years in jail
  • up to $10,000 in fines

Growing 20 plants – 50 plants is a felony with:

  • up to 10 years in jail
  • up to $25,000 in fines

Growing 50 plants – 200 plants is a felony with:

  • up to 12.5 years in jail
  • up to $25,000 in fines

Growing 200+ plants is a felony with:

  • up to 15 years in jail
  • up to $50,000 in fines

These are the convictions for the first offense.

Subsequent offenses land you with additional penalties.

Possession Of Hash And THC Concentrates

Any compound with THC is a Scheduled I drug in Wisconsin.

Possession of these compounds gets you the same penalties as possessing marijuana.

A first offense for these compounds gets you up to 6 months in jail and a $1,000 fine.

But a second offense for possession of THC compounds of any amount is a felony.

And will get you up to 3.5 years in jail and a $10,000 fine.

Subsequent offenses can get you more penalties.

Cannabis Paraphernalia

Possession with intent, or selling of, paraphernalia is a misdemeanor in Wisconsin.

Possessing or using paraphernalia gets you:

  • up to 30 days in jail
  • up to a $500 fine

Selling paraphernalia gets you:

  • up to 90 days in jail
  • up to a $1,000 fine

Selling paraphernalia to a minor gets you:

  • up to 9 months in jail
  • up to a $10,000 fine

Wisconsin Marijuana Decriminalization

Wisconsin has not decriminalized marijuana yet.

Recreational use and possession of marijuana are fully illegal in Wisconsin.

Even a first-time conviction gets you a misdemeanor under their cannabis laws.

But, here is the confusing part as a citizen.

Local levels of jurisdictions have decriminalized weed for Wisconsinites.

Here’s is the local level of Wisconsin legislature decriminalization and the year it happened.

Madison in 1977

  • You can possess up to 4 ounces in a private area.

Milwaukee in 1997

  • Up to 25 grams is no longer a criminal offense.
  • First-time offenses get you up to a $500 fine and 20 days in jail.

Is Marijuana Legal In Wisconsin?

This section is covering whether weed is legal in Wisconsin for:

  • recreational use
  • medical use

Is Recreational Weed Legal In Wisconsin?

Is weed legal in Wisconsin for recreational use?

No, weed is not legal in Wisconsin for recreational use for adults.

Wisconsin is lagging behind its neighbors like Michigan, Minnesota, and Illinois.

Where these states have legalized marijuana for adult use.

Even Gov. Tony Evers has proposed:

  • removing penalties for recreational use of marijuana
  • expungement of possession records
  • establishing a comprehensive medical marijuana program

Gov. Tony Evers tried to push through legalizing the possession of marijuana.

But Republican Senate Majority Leader LeMahiau shut it down.

The Assembly GOP knows that 1M+ voters want new marijuana laws in Wisconsin.

Is Medical Marijuana Legal In Wisconsin?

Yes, weed is legal in Wisconsin for medical use.

But, only in low THC CBD oils and products.

Gov. Scott Walker signed AB 726 in 2014.

This exempted people with seizures from criminal penalties for using CBDs.

But this is only if:

  • the CBD oil is low in THC
  • their physician has given them written approval

Essentially, medical cannabis is still illegal.

The qualifying medical conditions for a medical card in Wisconsin are:

  • Amyotrophic Lateral Sclerosis (ALS)
  • Epilepsy or other seizures
  • Parkinson’s disease
  • Muscular dystrophy
  • Multiple sclerosis
  • Cachexia
  • Post-traumatic stress disorder (PTSD)
  • HIV
  • AIDS
  • Chronic or Debilitating Pain
  • Glaucoma
  • Alzheimer’s Disease
  • Crohn’s Disease
  • Ulcerative colitis
  • Sickle-Cell Anemia
  • Spinal Cord Disease
  • Severe Injury
  • Tourette Syndrome
  • Traumatic Brain Injury
  • Cancer
  • Chronic Traumatic Encephalopathy
  • Fibromyalgia

Purchasing cannabis outside of a licensed dispensary is illegal for Wisconsin residents.

Lawmakers consider non-dispensary weed controlled substances.

Is Delta 8 Legal in Wisconsin?

Yes, Delta 8 is legal in Wisconsin.

Companies and individuals can make Delta 8 from legal hemp in Wisconsin.

Delta 8 is allowed as long as there is not more than 0.3% THC contained in it.

Wisconsin Cannabis Legalization Bills

These are Wisconsin’s weed legalization bills.

2014 - A.B. 726

Republican Gov. Scott Walker signed AB 726 in 2014.

Wisconsin marijuana laws generally make any use of weed illegal.

This exempted people with seizures from criminal penalties for using CBDs.

But this is only if:

  • the CBD oil is low in THC
  • their physician has given them written approval

Only individuals with seizure disorders can possess CBDs.

But these cannabidiols cannot be in a form that is psychoactive.

This means they cannot contain enough cannabidiols to be psychoactive.

2017 - Act 4

This bill allowed people with any medical condition to use low-THC CBD oils.

But these physicians can only give their patients CBD if they:

  • have been approved to do so by the FDA
  • if CBD gets rescheduled under federal laws

CBD has to get rescheduled on a federal level Under the Controlled Substances Act.

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If you’re interested in what states weed is legal in, here’s a list of all the states.

Disclaimer: These codes may not be the most recent version. There may be more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.