Is weed legal in Wisconsin?
This article is going to cover:
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).
Let’s look at the different types of Wisconsin weed laws.
| Offense | Penalties | Jail Time | Max Fines |
|---|---|---|---|
| Possession | |||
| Any Amount (First Offense) | Misdemeanor | 6 months | $1,000 |
| Any Amount (Subsequent Offenses) | Felony | 3.5 years | $10,000 |
| Sale Or Distribution | |||
| Up to 200 grams | Felony | 3.5 years | $10,000 |
| 200 - 1,000 grams | Felony | 6 years | $10,000 |
| 1,000 - 2,500 grams | Felony | 10 years | $25,000 |
| 2,500 - 10,000 grams | Felony | 12.5 years | $25,000 |
| 10,000+ grams | Felony | 15 years | $50,000 |
| Cultivation | |||
| Up to 4 plants | 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 |
| 200+ plants | Felony | 15 years | $50,000 |
| Hash & Concentrates | |||
| Same as weed possession |
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
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:
Selling 200 grams – 1,000 grams is a felony with:
Selling 1,000 grams – 2,500 grams is a felony with:
Selling 2,500 grams – 10,000 grams is a felony with:
Selling 10,000+ grams is a felony with:
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:
Growing 4 plants – 20 plants is a felony with:
Growing 20 plants – 50 plants is a felony with:
Growing 50 plants – 200 plants is a felony with:
Growing 200+ plants is a felony with:
These are the convictions for the first offense.
Subsequent offenses land you with additional penalties.
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.
Possession with intent, or selling of, paraphernalia is a misdemeanor in Wisconsin.
Possessing or using paraphernalia gets you:
Selling paraphernalia gets you:
Selling paraphernalia to a minor gets you:
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
This section is covering whether weed is legal in Wisconsin for:
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:
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.
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:
Essentially, medical cannabis is still illegal.
The qualifying medical conditions for a medical card in Wisconsin are:
Purchasing cannabis outside of a licensed dispensary is illegal for Wisconsin residents.
Lawmakers consider non-dispensary weed controlled substances.
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.
These are Wisconsin’s weed legalization bills.
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:
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.
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:
CBD has to get rescheduled on a federal level Under the Controlled Substances Act.
If you’re interested in what states weed is legal in, here’s a list of all the states.
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