Is cannabis legal in Wisconsin?

No. Cannabis is illegal at every level in Wisconsin under Wis. Stat. ch. 961. First-offense possession is a misdemeanor ($1,000/6 months); second or subsequent possession of any amount is a Class I felony ($10,000/3.5 years) under § 961.41(3g)(e). Madison and 14 other municipalities have decriminalized locally, but state law remains supreme outside those jurisdictions. Lydia's Law allows CBD-oil possession with physician certification under § 961.32(2m)(b).

What is Wisconsin's "felony cliff"?

The felony cliff is Wis. Stat. § 961.41(3g)(e), which makes second-offense cannabis possession of any amount a Class I felony — even though first-offense possession is a misdemeanor. The "prior" need not be cannabis-specific: any prior controlled-substance conviction (felony or misdemeanor) in any state triggers the felony enhancement. Wisconsin is one of the few U.S. states where simple second-offense cannabis possession carries felony exposure.

Are there any cities in Wisconsin where cannabis is decriminalized?

Yes — 15 jurisdictions per the NORML Wisconsin Local Decriminalization tracker (October 2025): Appleton, Eau Claire ($1 + costs), Green Bay ($0 + costs), Kenosha ($1), La Crosse County (October 2025), Madison ($1, ≤28g), Marshfield, Milwaukee city ($50), Milwaukee County ($1, county property), Monona, Oshkosh ($75), Racine ($75), Stevens Point, Superior, Waukesha, and Wausau. State law remains supreme outside these jurisdictions; cannabis legally possessed in Madison becomes a state-law offense 30 minutes north on I-39.

What is the Wisconsin OWI threshold for cannabis?

Wisconsin operates per se zero tolerance for cannabis under Wis. Stat. § 346.63(1)(am): any detectable THC in blood (typically ≥1 ng/mL whole blood) suffices for conviction. State v. Luedtke (2015 WI 42) confirmed strict liability. By contrast, Illinois and Colorado set 5 ng/mL thresholds; Michigan has no per se limit. Wisconsin's standard means a chronic legal-hemp consumer can fail a Wisconsin OWI blood draw days after last consumption.

Is Cannabis Legal in WI? Full Prohibition, Felony Cliff

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

Key Facts at a Glance

Metric	Value (May 2026)
Recreational status	Illegal at every level (Wis. Stat. ch. 961)
Medical program	Lydia’s Law CBD-only (Wis. Stat. § 961.32(2m)(b))
2nd-offense possession felony cliff	Class I felony (any amount, any prior controlled-substance conviction)
OWI per se threshold	Zero tolerance — any detectable THC in blood
Local decriminalization ordinances	15 jurisdictions (Madison, Milwaukee, Eau Claire, Green Bay, Kenosha, Racine, Oshkosh, La Crosse County, Wausau, Stevens Point, Marshfield, Monona, Superior, Waukesha, Appleton)
2026 medical bill	SB 534 (Felzkowski/Testin/Snyder) cleared committee Oct 2025; no Senate floor vote as of May 2026
Cross-border tax loss to Illinois (2024)	$36+ million (LFB April 2026 memo)
USDA-licensed hemp producers	470 (November 13, 2025)
Hemp industry size (Evers cite)	$700 million / 3,500 workers
Marquette Law School Poll (Feb 2025)	86% medical / 63% recreational support
ACLU racial-arrest disparity (2022)	5.29× Black-vs-white (up from 4.2× in 2018)
2026 election	Open governor race; Tom Tiffany (R) frontrunner; Sara Rodriguez (D)

Sources: Wisconsin Statutes; Marquette Law School Poll Feb 2025; Wisconsin Legislative Fiscal Bureau April 2026 memo; ACLU of Wisconsin January 2025 report; Wisconsin DHS / DATCP. As of May 2026, Wisconsin remains the most populous U.S. state with neither medical nor recreational cannabis — surrounded by adult-use Illinois (2020), Michigan (2018), and Minnesota (2023, retail Sept 2025).

The Statutory Framework

Wis. Stat. ch. 961 — Uniform Controlled Substances Act. Cannabis (THC) is Schedule I under § 961.14(4)(t).
§ 961.41(3g)(e) — possession penalties (the "felony cliff").
§ 961.41(1) and § 961.41(1m) — manufacture, distribution, cultivation.
§ 961.573 / § 961.574 — paraphernalia.
§ 961.495 — school-zone, park, jail, treatment-facility, housing-project enhancement (100 hours mandatory community service).
§ 346.63(1)(am) — OWI per se zero tolerance.
§ 961.50 — license suspension up to five years for any drug conviction.
§ 961.32(2m)(b) — Lydia’s Law CBD-only affirmative defense.
§ 66.0107(1)(bm) — municipal civil-forfeiture authority for ≤25g first offense.

Recreational Possession Penalties

Offense	Classification	Maximum Penalty
1st possession (any amount)	Misdemeanor	$1,000 / 6 months
2nd or subsequent (any amount, ANY prior controlled-substance conviction in any state)	Class I felony	$10,000 / 3.5 years

Source: Wis. Stat. § 961.41(3g)(e). The "felony cliff" defines "2nd or subsequent" broadly: any prior felony or misdemeanor for any controlled substance under any chapter or any state’s law triggers the enhancement. A youthful misdemeanor possession in another state, decades earlier, can convert a Wisconsin pot violation into a Class I felony — among the harshest possession statutes in the United States.

The Three Distinguishing Features

The felony cliff. Wis. Stat. § 961.41(3g)(e) defines "2nd or subsequent" broadly: any prior felony or misdemeanor for any controlled substance under any chapter or any state’s law triggers the enhancement. Among the harshest possession statutes in the U.S. See felony cliff page.
OWI per se zero tolerance. Any detectable THC in blood suffices; State v. Luedtke (2015 WI 42) confirmed strict liability. See OWI page.
The cross-border drain. $36+ million in WI tax revenue flowed to Illinois in 2024 (LFB April 2026). 50% of WI legal-age population within 75-min drive of legal dispensary in IL/MI/MN. See IL cross-border page.

Cultivation and Distribution

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.

Comparison with Border States (May 2026)

Border state	Status (May 2026)	Practical impact
Illinois (south)	Adult-use legal Jan 2020 (Pritzker / CRTA)	$36+ million in WI tax to IL in 2024 (LFB April 2026). Madison–South Beloit ~50 min; Milwaukee–Zion/Pleasant Prairie ~30 min. Non-resident limit 15 g flower / 250 mg infused / 2.5 g concentrate.
Michigan (UP & LP)	Adult-use legal Nov 2018; retail since Dec 2019	~$5.8 million in WI tax to MI in 2024 (LFB estimate). "Green Highway" US-141 corridor. 22 of 854 MI retailers in Gogebic / Iron / Dickinson / Menominee counties bordering WI.
Minnesota (NW)	Adult-use legalized May 2023 (HF 100); state retail launched Sept 16, 2025	Hudson WI–Stillwater MN minutes; Superior WI–Duluth MN minutes. Mille Lacs Band tribal sales since Aug 1, 2023.
Iowa (SW)	Medical CBD only; no rec	Limited utility.

⚠︐ Cross-border transport is a federal crime (21 U.S.C. § 841) plus Wisconsin state criminal liability under § 961.41(3g)(e). Wisconsin State Patrol interdicts on I-94, I-90, and I-43; Marinette County deputies on US-141 ("Green Highway"). Cannabis legally purchased in IL/MI/MN becomes a state-law misdemeanor or felony the instant you cross into WI.

State v. Moore (2023) — Probable Cause and Hemp

In State v. Moore, 2023 WI 50, the Wisconsin Supreme Court held 4-3 that the odor of marijuana, even after federal hemp legalization, can establish probable cause for a warrantless vehicle search. The decision sustains a major enforcement tool despite the practical reality that legal hemp and illegal marijuana are visually and olfactorily indistinguishable.

Is Cannabis Legal in Wisconsin? Full Prohibition with the Felony Cliff