Cannabis in Wisconsin

Wisconsin is one of the states where cannabis is criminal at the state level and nearly free of consequence in some cities. There is no medical program and no adult market. A first possession offense is a misdemeanor with up to six months in jail and a $1,000 fine, and a second offense is a felony with up to three and a half years and $10,000. Every plant counts: growing four or fewer is a felony with up to three and a half years.

Cities have written their own rules. Madison allows adults 18 and older to hold up to 28 grams with a $1 fine, Milwaukee County set a $1 fine in 2021 after Milwaukee's 2015 ordinance of $50 for under 25 grams, Green Bay charges only court costs of about $61 for under 28 grams, and Eau Claire uses a $1 fine plus $138 court costs, according to a summary of local ordinances. State charges remain possible wherever a police officer or prosecutor chooses them.

Governor Tony Evers has proposed legalization in every budget since 2019 and the Republican-led Legislature has rejected it each time; Democrats introduced a comprehensive bill in February 2026 that leadership declined to hear. Advisory referendums in 2018 showed 67 to 89 percent support for medical use. The 2014 law known as Lydia's Law nominally allowed CBD for seizure disorders but required FDA approval and is largely symbolic.

The hemp market is where Wisconsin's real cannabis economy lives. The state imposes no limits on delta-8, THCA or other products with up to 0.3 percent delta-9, according to Wisconsin Watch in May 2026, and the industry claims about 470 federally licensed growers and 3,500 jobs. That changes on November 12, 2026, when the federal definition of hemp begins to narrow, with most products following on December 11. Governor Evers estimated the closures could cost 3,500 jobs and $700 million.