Quick answer: Marijuana is illegal in Wisconsin for both recreational and medical use. The only exception in state law is CBD: people with a physician’s certification can possess a CBD product to treat a medical condition. There’s no legal possession amount for marijuana, and home growing is a felony.

Last verified: October 20, 2026, against the Wisconsin Statutes, Chapter 961. Laws change, so check the official site before you travel or buy.

Is marijuana legal for anyone in Wisconsin?

Not really. Err… no. Wisconsin is surrounded by states with legal adult-use cannabis, including Illinois, Michigan and Minnesota. Wisconsin itself still prohibits it.

The one carve-out is CBD. Under Wis. Stat. § 961.32(2m), you can possess a cannabidiol product if you have a certification from a Wisconsin-licensed physician saying it’s to treat a medical condition. The certification must be dated within the past year. It covers CBD only. It doesn’t let you possess marijuana or high-THC products, and Wisconsin doesn’t recognize medical marijuana cards from other states.

What happened in the 2026 session?

Lawmakers took a few swings, but nothing passed:

• Full legalization: A Democratic bill (SB 1045) would have legalized adult-use cannabis and created a medical program. It was formally recorded as failing to pass on March 23, 2026.
• Medical cannabis: A narrower Republican bill sponsored by Senate President Mary Felzkowski cleared the Senate Health Committee in February 2026 on a 4-1 vote. Assembly Speaker Robin Vos called it “too broad,” and it didn’t become law.

Advocates expect medical cannabis to come back in the next session. For now, there are no dispensaries and no patient cards.

What about hemp and delta-8?

Hemp-derived products with no more than 0.3% delta-9 THC have been widely sold in Wisconsin. That’s about to change. Under the federal hemp law passed in November 2025, intoxicating hemp-THC products such as delta-8 and THCA flower lose their legal status. The main provisions take effect December 11, 2026. Expect many of these products to disappear from shelves.

How much can you possess?

Under state law, none. Wisconsin does let cities and counties handle possession of 25 grams or less as a local ordinance violation with a fine instead of a criminal charge. Madison and Milwaukee are among the places that do this. Even there, a local ordinance doesn’t legalize anything, and state prosecutors can still file state charges.

Can you grow your own?

No. Growing marijuana is a felony in Wisconsin. According to NORML’s summary of state law, even 4 plants or fewer can bring up to 3.5 years in prison and a $10,000 fine.

Where can you smoke?

Nowhere legally. A local ordinance may lower the penalty in some cities, but public use is still illegal, and landlords and employers can enforce their own rules.

Can you drive after using?

This is where Wisconsin is especially strict. Under Wis. Stat. § 346.63(1)(am), it’s illegal to drive with any detectable amount of a restricted controlled substance in your blood, and that includes delta-9-THC. You don’t have to be impaired to be charged. Because THC can linger after the high wears off, even having used the day before can be risky. Wisconsin calls this offense OWI (operating while intoxicated), and a conviction brings fines and license revocation, just as an alcohol OWI does.

Can you take it out of state?

No. Crossing state lines with cannabis is illegal under federal law. Recreational marijuana remains federally illegal (Schedule I), and the April 2026 federal move of state-licensed medical marijuana to Schedule III didn’t change that. Buying in Illinois or Michigan and driving it home breaks both federal and Wisconsin law.

If you visit a legal neighbor, enjoy it there and leave it there. Read up first on Illinois and Minnesota.

Can your employer fire you?

Yes. Wisconsin has no employment protections for marijuana use, on or off the job. Employers can test and act on positive results, which can include THC from hemp products.

What are the penalties?

According to Wis. Stat. § 961.41 and NORML’s Wisconsin summary:

• Possession of any amount, first offense: misdemeanor, up to 6 months in jail and a $1,000 fine
• Second or later possession offense: Class I felony, up to 3.5 years and a $10,000 fine
• Selling 200 grams or less: felony, up to 3.5 years
• Larger sales or grows: felonies with longer sentences
• Local ordinance (25 grams or less, where adopted): a fine instead of a crime

Some first-time offenders may qualify for deferred prosecution or conditional discharge. Ask a Wisconsin lawyer about your situation. For other states, see our marijuana law hub.

Wisconsin marijuana law FAQ

Is weed legal in Wisconsin in 2026?

No. Recreational and medical marijuana are both illegal in Wisconsin in 2026. The only exception in state law is CBD, which people can possess with a physician’s certification for a medical condition.

Did Wisconsin pass medical marijuana in 2026?

No. A Republican medical cannabis bill passed a Wisconsin Senate committee in February 2026, but it didn’t become law. A broader legalization bill also failed.

What happens if you get caught with weed in Wisconsin?

A first offense for possessing marijuana in Wisconsin is a misdemeanor, punishable by up to 6 months in jail and a $1,000 fine. A second offense is a felony. Some cities, including Madison and Milwaukee, handle 25 grams or less with a local fine instead.

Can you drive with THC in your system in Wisconsin?

No. Wisconsin law makes it illegal to drive with any detectable amount of delta-9-THC in your blood, even if you aren’t impaired.

Can I bring weed from Illinois or Michigan to Wisconsin?

No. Bringing marijuana into Wisconsin from another state is illegal under both federal law and Wisconsin law, even if you bought it legally in Illinois, Michigan or Minnesota.