Is marijuana legal in Wisconsin?
No. As of 2026, marijuana (weed) is not legal in Wisconsin, except that people may possess lawful hemp and, with a physician certification, certain cannabidiol products. Recreational and general medical marijuana are illegal.
Status checked November 4, 2026
Contents
Marijuana laws in Wisconsin
Wisconsin has not legalized adult-use or general medical marijuana. Unauthorized possession of tetrahydrocannabinols is a crime under Wis. Stat. §961.41(3g)(e): a first conviction may be punished by a fine of not more than $1,000, imprisonment for not more than six months, or both, and a second or later offense is a Class I felony.
State law separately allows possession of a cannabidiol product if the person has a physician certification stating that the product is to treat a medical condition, the certification is not more than one year old, and it has not expired. A certification is not required to possess hemp as defined in §94.55, or an FDA-approved prescription drug product. Physicians may issue that certification, and cannabidiol products may be dispensed in listed medical settings.
Some cities have local citation policies for small amounts, but statewide criminal law still applies. Wisconsin has no licensed marijuana dispensaries.
Marijuana remains illegal under federal law, and Wisconsin has no state medical marijuana license. Hemp-derived products, including some delta-8 items, have been sold under the hemp definition, which federal law is tightening in late 2026.
Wisconsin State Capitol Photo: Adobe Stock (editorial use only).
What the law says
Legal
- An individual may possess a cannabidiol product if the individual has certification stating that the individual possesses a cannabidiol product to treat a medical condition, if the certification has an issue date that is no more than one year prior to the possession, and if any expiration date provided by the physician in the certification has not passed.
- A certification is not required to possess hemp, as defined in s. 94.55 (1), or a prescription drug product that has been approved by the U.S. food and drug administration.
Not legal
- If a person possesses or attempts to possess tetrahydrocannabinols included under s. 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols, the person may be fined not more than $1,000 or imprisoned for not more than 6 months or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense.
Quoted from Wisconsin Statutes §961.32(2m).
How old do you have to be to use marijuana in Wisconsin?
There's no legal age to buy recreational weed in Wisconsin, because recreational marijuana is illegal at any age. The state also has no general medical marijuana card or dispensary system. A physician may certify that a person possesses a cannabidiol product to treat a medical condition, and lawful hemp can be possessed without that certification.
How much marijuana can you have in Wisconsin?
No amount of marijuana is legal to have in Wisconsin, at home or in your car, unless it is lawful hemp or a cannabidiol product you may possess under §961.32(2m). First-time unauthorized possession of tetrahydrocannabinols can bring a fine of up to $1,000, up to six months in jail, or both. A second or later offense is a Class I felony. Some cities issue local citations for small amounts, but state criminal law still applies.
Where can you buy marijuana in Wisconsin?
You can't legally buy weed at a marijuana dispensary in Wisconsin, because the state has none. Lawful hemp and some hemp-derived CBD products are sold separately under the hemp definition in §94.55. A physician certification does not create a retail marijuana store. Buying unauthorized marijuana remains illegal.
Can you grow marijuana at home in Wisconsin?
No, you can't grow weed at home in Wisconsin. Cultivating marijuana is illegal under the state's controlled-substance laws. The physician cannabidiol certification covers possession of a cannabidiol product to treat a medical condition, not growing cannabis plants. Licensed hemp growing is a separate agricultural program under §94.55.
Where can you use marijuana in Wisconsin?
There's no legal place to smoke weed in Wisconsin. Marijuana is illegal to possess and use, except for lawful hemp and certified cannabidiol products as described in §961.32(2m). Driving under the influence of THC or another drug is a separate crime under Wisconsin's traffic code.
How do you get a medical marijuana card in Wisconsin?
You can't get a medical marijuana card in Wisconsin, because the state doesn't issue one and has no general medical marijuana program. What the law does allow is a physician certification that you possess a cannabidiol product to treat a medical condition. The certification cannot be more than one year old and must not be expired. You do not need a certification to possess lawful hemp or an FDA-approved prescription product.
Can visitors buy or use marijuana in Wisconsin?
No. Out-of-state visitors can't buy marijuana in Wisconsin, and a medical card from another state does not authorize possessing marijuana here. Visitors face the same tetrahydrocannabinols penalties as residents. Lawful hemp and a current physician cannabidiol certification are the only state-law possession paths described above.
What are the rules on driving and marijuana in Wisconsin?
No, you can't drive high in Wisconsin. It is illegal to drive under the influence of a restricted controlled substance, including THC. A cannabidiol certification or the fact that hemp is legal is not a defense if you are impaired or if a test shows a prohibited substance under the traffic laws.
Can an employer in Wisconsin fire you for using marijuana?
Yes, you can get fired for smoking weed in Wisconsin. Marijuana is illegal for general use, so it has no job protection. The cannabidiol certification statute also does not generally require employers to ignore a drug test. Wisconsin employment is generally at-will, and federally required testing still applies.
What are the penalties for breaking marijuana laws in Wisconsin?
First-time unauthorized possession of tetrahydrocannabinols in Wisconsin may be punished by a fine of not more than $1,000, imprisonment for not more than six months, or both. A second or subsequent offense is a Class I felony. Manufacture and delivery have higher penalties under chapter 961. Local ordinances in some cities can add or substitute citations, but they do not repeal the statewide felony and misdemeanor scheme.
Are CBD, hemp and delta-8 products legal in Wisconsin?
Hemp as defined in Wis. Stat. §94.55, and many hemp-derived CBD products, can be possessed without a physician certification. Products sold as delta-8 or THCA may still be treated as tetrahydrocannabinols if they fall outside that hemp definition. A 2026 Legislative Council brief discussed how the new federal hemp definition will affect those products. Separately, a stricter federal hemp definition, with a total-THC standard that counts THCA and a 0.4 mg-per-container cap, takes effect December 11, 2026.
Does federal law still apply in Wisconsin?
Yes. Federal law still applies in Wisconsin, and marijuana is illegal under both federal and Wisconsin law. Federally, marijuana remains a Schedule I controlled substance. Since April 28, 2026, only marijuana covered by a state medical marijuana license and FDA-approved marijuana products are in Schedule III, and Wisconsin has no state medical marijuana license. A broader federal rescheduling proceeding was stayed on September 29, 2026, and has no decision date. State law does not change federal rules on federal land, on carrying marijuana across state lines, or on federally required drug testing, such as for DOT-regulated jobs.
Has the law in Wisconsin changed recently, or is it about to?
When will weed be legal in Wisconsin? No date is set. The state still has no adult-use or general medical marijuana program. The current exceptions remain lawful hemp and physician-certified cannabidiol products. Some cities keep local citation policies, which do not change statewide criminal law. New federal hemp limits begin November 12 and December 11, 2026.
Legislation
- Wisconsin Statutes §961.41(3g)(e) (tetrahydrocannabinols possession)
- Wisconsin Statutes §961.32(2m) (cannabidiol possession)
- Wisconsin Statutes §961.38(1n) (cannabidiol dispensing and certification)
Sources (7)
- https://docs.legis.wisconsin.gov/statutes/statutes/961/iv/41/3g/e
- https://docs.legis.wisconsin.gov/statutes/statutes/961/iii/32
- https://docs.legis.wisconsin.gov/statutes/statutes/961/iii/38
- https://docs.legis.wisconsin.gov/misc/lc/issue_briefs/2026/alcohol_beverages_and_cannabis/ib_federal_hemp_legislation_ao_2026_05_19
- dea.gov
- federalregister.gov
- congress.gov
General information, not legal advice. Laws change often, so check with the state's cannabis agency before relying on this.
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