Wisconsin
Medical program active
Last verified: March 2026 · editorial-team
Possession Limit
N/A
Flower (adult use)
Concentrates
N/A
Per transaction
Home Grow
Not permitted
Personal cultivation
Delivery
Not allowed
Licensed delivery
License Types
Other
No cannabis licensing framework exists. Wisconsin has no medical or recreational cannabis program. CBD derived from hemp (0.3% THC or less) is legal. The only cannabis-related license is the industrial hemp research pilot program through DATCP.
Est. Fees
N/A
Processing Time
N/A
Tax Structure
Excise Rate
No cannabis excise tax (no legal market)
Sales Tax
Not applied
Effective Total
N/A — cannabis sales are illegal
Wisconsin has no legal cannabis market. Hemp-derived CBD is subject to the standard 5% state sales tax plus applicable county sales taxes (0.5%). Governor Evers has included cannabis legalization in every budget proposal since 2019, and the Republican legislature has stripped it out every time.
Regulatory Body
Key Statutes
Wisconsin Uniform Controlled Substances Act
Wis. Stat. § 961.41Marijuana is a Schedule I controlled substance. Possession of any amount is a misdemeanor for a first offense — up to 6 months in jail and a $1,000 fine. Second and subsequent offenses are Class I felonies — up to 3.5 years and $10,000. Manufacturing or distributing is a felony regardless.
2023 Executive Budget — Cannabis Legalization Provisions (Rejected)
2023 Wisconsin Act (vetoed provisions)Governor Evers proposed legalizing recreational cannabis and creating a regulatory framework in the 2023–2025 executive budget. The Republican-controlled Joint Finance Committee removed all cannabis provisions, as it has done with every Evers budget proposal on the topic.
For Operators
The governor wants it; the legislature doesn't
Wisconsin has one of the most absurd political dynamics around cannabis in the country. Governor Evers (D) has included legalization in every budget proposal since 2019. The Republican-controlled legislature strips it out every single time, without even holding committee hearings. No medical program. No decriminalization. Nothing has moved.
Meanwhile, Wisconsin is surrounded by legal markets. Illinois has recreational sales. Michigan has recreational sales. Minnesota launched recreational sales in 2025. Wisconsin residents routinely drive to these neighboring states to purchase cannabis legally, then bring it back — technically a federal and state crime, but one that's widely practiced.
When it breaks
The current stalemate holds as long as Republicans control the legislature. Redistricting challenges and shifting demographics could change the calculus, but don't expect it before 2027 at the earliest. For operators, Wisconsin is a market to monitor, not invest in. When it does flip, the population base (5.9 million) and pent-up demand from years of prohibition will make it a fast-growing market. But that's a bet on timing, not a current opportunity.
For Consumers
Fully illegal — despite your neighbors
Cannabis is illegal for any purpose in Wisconsin. First-offense possession of any amount is a misdemeanor — up to 6 months in jail and a $1,000 fine. A second offense is a felony — up to 3.5 years. Some cities (Madison, Milwaukee) have local ordinances reducing penalties for small-amount possession to a civil forfeiture, but state law still applies and can be enforced by county or state officers.
The border run
Many Wisconsin residents drive to Illinois or Michigan dispensaries. This is common and openly discussed. But it's also illegal — transporting cannabis across state lines violates both federal law and the laws of every state involved. Law enforcement on the Wisconsin side of the border, particularly on I-94 and I-90, is aware of this traffic. Getting pulled over with out-of-state dispensary bags isn't a legal defense.
Hemp-derived CBD products (0.3% THC or less) are legal and available at gas stations, health stores, and specialty shops throughout Wisconsin. That's the extent of what's legally available. Delta-8 THC products are in a legal gray area — the state hasn't explicitly banned them, but law enforcement in some counties treats them as illegal cannabis. Proceed with caution.
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