Overview & Legal Status
Wisconsin has no medical cannabis programme. A very limited provision (Wis. Stat. § 961.14) was amended to allow CBD oil with ≤0.3% THC for seizure disorders (2014), but there is no dispensary network or patient registry — just a possession exemption. Adult-use cannabis is fully illegal. Wisconsin has an active hemp programme under the USDA Hemp Programme with state oversight.
Key Facts
Adult-Use StatusFully illegal — no decriminalisation at state level
Medical ProgrammeNone — CBD possession exemption for seizures only
Hemp/CBD StatusLegal — Wisconsin DATCP hemp programme
Governing LawWis. Stat. §§ 961.41 et seq. — Uniform Controlled Substances Act
RegulatorWI Dept. of Justice; WI Dept. of Agriculture, Trade and Consumer Protection (DATCP)
Key NoteGovernor Evers has repeatedly proposed medical cannabis — Legislature has blocked it
Licensing
- No Medical Cannabis Licences — no cultivation, processing, dispensary, or delivery licences for cannabis in Wisconsin
- No Adult-Use Cannabis Licences
- Hemp Grower Licence — Wisconsin DATCP
- Annual licence; pre-harvest THC testing required; acreage reporting
- One of the growing Midwest hemp markets
- Hemp Processor/Handler Licence — DATCP; CBD extraction and production permitted
- CBD products from hemp (≤0.3% THC) may be sold in Wisconsin retail
- No Cannabis Testing Laboratory Licence — no regulated cannabis testing framework
Taxation
Cannabis TaxN/A — all cannabis above hemp levels illegal; no cannabis tax
Adult-Use Tax
N/A
No legal market
Medical Tax
N/A
No programme
Hemp/CBD Retail
5%
WI state sales tax
Local Tax
0.5%
County option — most add 0.5%
Implications
- Wisconsin generates no cannabis tax revenue — all marijuana illegal
- Hemp/CBD retail subject to 5% state sales tax + 0.5% county tax in most jurisdictions = 5.5% combined
- Governor Evers proposed cannabis legalisation with projected $166M annual tax revenue — Legislature has not acted
- No cannabis excise tax framework has been enacted
Advertising
- No cannabis advertising permitted — no legal cannabis market in Wisconsin
- Hemp/CBD advertising: FTC standards; Wisconsin Consumer Protection Act prohibits misleading health claims
- Wisconsin Dept. of Agriculture enforces hemp product labelling standards
- Out-of-state cannabis companies must not target Wisconsin consumers
Workplace Rules
- No employment protections for cannabis users in Wisconsin
- Employers freely enforce drug-free workplace policies
- Positive cannabis test valid grounds for termination — no exceptions
- Wisconsin Drug-Free Workplace Act: Voluntary employer certification; workers' comp discounts
- Federal contractors: Drug-Free Workplace Act — cannabis prohibited
- No pending legislation to add employment protections for cannabis users
Possession & Transactions
Legal Possession0 (marijuana) · CBD ≤0.3% THC permitted for seizure disorder possession exemption
0
Marijuana — illegal
≤0.3% THC
CBD — legal (hemp)
N/A
No medical programme
Felony
Repeat possession offence
Possession Offences
- Any amount — first offence: Misdemeanour — up to 6 months, $1,000 fine
- Any amount — subsequent offence: Felony — up to 3.5 years, $10,000 fine
- Possession near school: Additional penalties
- No decriminalisation at any level — Wisconsin's first-offence misdemeanour is commonly prosecuted
Transaction Rules
- No legal cannabis transactions in Wisconsin
- Hemp/CBD products available in retail — standard consumer rules
- Purchasing cannabis in Illinois (adult-use legal) and returning to Wisconsin is drug trafficking
Product Testing
- No cannabis product testing framework — no legal cannabis products
- Hemp testing: DATCP-approved labs test for THC compliance pre-harvest
- WI Dept. of Justice forensic labs test suspected cannabis in criminal cases
- No state-licensed cannabis testing laboratories
Medical Cannabis
Wisconsin has NO medical cannabis programme. Wis. Stat. § 961.14 was amended in 2014 to exempt possession of CBD (≤0.3% THC) for seizure disorder patients — but provides no supply infrastructure, no physician certification system, and no patient registry.
CBD Seizure Disorder Exception
- Wis. Stat. § 961.14 — possession of CBD with ≤0.3% THC is exempt from prosecution for persons with seizure disorders
- No qualifying conditions list beyond 'seizure disorder'
- No patient registry card, no physician certification requirement, no dispensary — patients must obtain CBD from hemp retailers
- No supply chain infrastructure created by the exemption
Legislative History
- Governor Tony Evers has proposed medical and adult-use cannabis legalisation in every state budget — the Republican-controlled Legislature has rejected each proposal
- Wisconsin legislative prospects remain limited without change in legislative control
- No medical cannabis bills have passed the Legislature as of 2026
Medical CannabisNot available — CBD ≤0.3% THC possession exemption for seizure disorder only
Adult-Use Cannabis
Adult-use cannabis is fully illegal in Wisconsin. Wisconsin borders Illinois (adult-use since 2020) and Michigan (adult-use since 2018). No decriminalisation exists at the state level.
Local Ordinances
- Madison enacted a civil fine ordinance for small cannabis possession — $1 fine for possession of small amounts — but state criminal law still applies and may be prosecuted
- Milwaukee, Green Bay, Kenosha — state law enforcement applies; no local decriminalisation
- Local ordinances in Wisconsin do not preempt state criminal law
Criminal Penalties
Possession
- Any amount — first offence: Misdemeanour — up to 6 months, $1,000 fine
- Any amount — second offence: Felony — up to 3.5 years, $10,000 fine
- On or near school grounds: Enhanced penalty add-on
Sale & Manufacturing
- Sale or distribution: Felony — up to 3.5 years (less than 200 g); up to 6 years (more than 200 g)
- Large-scale distribution: Felony — up to 15 years for quantities over 2,500 g
- Sale near school or to minor: Enhanced; additional 5-year mandatory sentence possible
⚠️ Adult-Use Cannabis — Important Warnings
- Adult-use recreational cannabis is NOT legal in Wisconsin. Possession, sale, and cultivation outside any approved medical programme remains a criminal offence.
- Medical cannabis patients (where a programme exists) must carry their state-issued registry card at all times when in possession of cannabis.
- Cannabis cannot be transported across state lines — this is a federal offence regardless of destination state laws.
- Do not drive or operate heavy machinery while impaired by cannabis — DUID/DUI laws are enforced.
- Airports operate under federal jurisdiction — carrying cannabis through airports is a federal offence.
- Cannabis is prohibited on all federal lands including national parks, forests, and federal buildings.
- Keep all cannabis and CBD products out of reach of children and pets at all times.
- Cannabis use during pregnancy or breastfeeding is strongly discouraged by health authorities.
🚨 Legal Disclaimer
This page is provided for general informational purposes only and does not constitute legal advice. Cannabis laws in Wisconsin change frequently — always verify current statutes with official Wisconsin government sources or consult a qualified attorney licensed in Wisconsin.
- Information reflects laws known as of March 15, 2026 — subject to legislative change without notice.
- Local city and county ordinances may impose additional restrictions beyond state law.
- Federal law supersedes state law in all federal jurisdictions and employment contexts.
- CannBus accepts no liability for actions taken based on information on this page.
📚 References & Sources
- Wis. Stat. §§ 961.41 et seq. — Uniform Controlled Substances Act
- Wis. Stat. § 961.14 — CBD Seizure Disorder Exemption (2014)
- Wisconsin DATCP Hemp Programme — datcp.wi.gov
- Wisconsin Dept. of Justice — doj.state.wi.us
- Governor Evers Cannabis Legalisation Proposals — 2020–2025 state budgets
- Document date: March 15, 2026 · Cannabis Laws · www.cannbus.org
📅 Document last reviewed: March 15, 2026 ·
Cannabis Laws · www.cannbus.org