Wisconsin Cultivation & Distribution

Wisconsin Cultivation & Distribution — Wis. Stat. § 961.41(1) / (1m)

Wisconsin treats cultivation identically to distribution. The penalty schedule starts at Class I felony for ≤200g or ≤4 plants ($10,000 / 3.5 years) and escalates to Class E felony at >10,000g or >200 plants ($50,000 / 15 years). Sale to a minor and school-zone-enhanced offenses produce additional 100-hour mandatory community service under § 961.495.

Legal Disclaimer: This information reflects Wisconsin cannabis law as of May 2026 and is for educational purposes only. It is not legal advice. Laws and regulations change — always verify current rules with the Wisconsin Department of Health Services (DHS) for Lydia's Law CBD; Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) for hemp or a qualified attorney. Cannabis remains illegal under federal law.

Last verified: May 2026

The Cultivation/Distribution Schedule

Quantity	Classification	Maximum
≤200 g or ≤4 plants	Class I felony	$10,000 / 3.5 years
>200 g – 1,000 g, or 5–20 plants	Class H felony	$10,000 / 6 years
>1,000 g – 2,500 g, or 21–50 plants	Class G felony	$25,000 / 10 years
>2,500 g – 10,000 g, or 51–200 plants	Class F felony	$25,000 / 12.5 years
>10,000 g, or >200 plants	Class E felony	$50,000 / 15 years

Source: Wis. Stat. § 961.41(1) and § 961.41(1m). Cultivation is treated identically to distribution. Sale within 1,000 ft of schools, parks, pools, youth centers, jails, treatment facilities, or housing projects (§ 961.495) adds 100 hours of mandatory community service.

Cultivation Treated Identically to Distribution

Wisconsin’s framework does not distinguish between possessing plants and selling/distributing cannabis. Wis. Stat. § 961.41(1) makes it unlawful to "manufacture, distribute, or deliver a controlled substance" — cultivation is captured under "manufacture." Wis. Stat. § 961.41(1m) parallels the schedule. Both subsections apply the quantity tiers above.

The implication: a single homegrown plant is captured by the ≤4 plants Class I felony. Even small-scale personal cultivation produces felony exposure with no medical-or-recreational-program exception (Lydia’s Law affirmative defense applies only to CBD oil, not to any cultivation).

Sale to a Minor — Enhanced Penalties

Sale of cannabis to a person under 18 is treated more severely:

Sale of any quantity to a minor: Class H felony.
School-zone enhancement (within 1,000 ft of schools, parks, pools, youth centers, jails, treatment facilities, or housing projects): 100 hours mandatory community service in addition to the underlying penalty.
Paraphernalia sale to minor under § 961.574: $10,000 / 9 months.

The School-Zone Enhancement — Wis. Stat. § 961.495

Wis. Stat. § 961.495 imposes 100 hours of mandatory community service for offenses within 1,000 feet of:

Public or private schools.
Public parks.
Public swimming pools.
Public youth centers.
Jails or treatment facilities.
Housing projects.

The enhancement is on top of the underlying offense’s penalty. Combined with the felony cliff and the trafficking schedule, the school-zone enhancement produces real penalty stacks that are difficult to defeat through plea bargaining.

Drug-Free School/Treatment Zone Enhancement Details

Unlike some states (Alabama’s 5-year mandatory minimum for school-zone offenses; California’s 9-year enhancement), Wisconsin’s 100-hour-community-service enhancement is moderate by national comparison. But it stacks with the felony cliff and the cultivation tiers, producing real cumulative consequences for cultivation-and-distribution defendants in or near urban areas where school zones overlap with much of the city.

Hemp vs. Cannabis Cultivation Distinction

Hemp cultivation is permitted under federal Farm Bill (2018) and Wisconsin Act 100 (2017). USDA Domestic Hemp Production Program now licenses hemp producers (~470 active in WI as of November 2025). DATCP retains consumer-product oversight. Cannabis cultivation outside the hemp framework remains a felony at any quantity above zero.

Plea Negotiation and Pre-Trial Diversion

Madison/Dane and Milwaukee/Milwaukee County DAs decline simple-possession cases; cultivation/distribution cases are typically charged.
Wis. Stat. § 973.015 expungement may be available for first-offense lower-tier cultivation if defendant is under 25.
Drug-court diversion programs vary by county.
Sentence reductions sometimes available based on cooperation under § 961.55.

The Federal Layer

Federal cultivation/distribution under 21 U.S.C. § 841: 100 plants / 100 kg = 5-year mandatory minimum; 1,000 plants / 1,000 kg = 10-year mandatory minimum. The U.S. Attorneys for the Eastern and Western Districts of Wisconsin prosecute multi-state and high-quantity cases. The DEA maintains task-force partnerships with Wisconsin DOJ and county sheriffs.