Is Weed Legal in Wisconsin
No, marijuana is not legal in Wisconsin, for adults or for medical use. Possessing any amount of THC is a crime: a first conviction carries a fine of up to $1,000, up to 6 months in jail, or both (Wis. Stat. 961.41(3g)(e)).
Key facts
- A second possession offense is a Class I felony, and any earlier drug conviction in any state counts as the first.
- CBD is legal with a physician’s certification that it treats a medical condition (Wis. Stat. 961.32(2m)).
- Minnesota, Illinois and Michigan have legalized marijuana for adults; Iowa has not.
- Wisconsin has no citizen ballot initiatives, so only the Legislature and the governor can change the law (Marijuana Policy Project).
24 states have legalized marijuana for adults. Our marijuana laws by state page shows the rule in every state.
Wisconsin Marijuana Possession Penalties
A first conviction for having marijuana in Wisconsin can bring a fine of up to $1,000 and 6 months in jail. The law sets no minimum amount, so even a small amount can bring the charge.
A second offense is a Class I felony. The statute counts any earlier conviction under any state’s or federal drug law, not only a marijuana conviction in Wisconsin (Wis. Stat. 961.41(3g)(e)). That is why a past drug charge from another state can turn a Wisconsin possession case into a felony.
CBD Oil in Wisconsin
Wisconsin allows CBD if a doctor certifies that it treats a medical condition. That is why national trackers list it as a CBD-only state, not a medical marijuana state. The doctor’s note must be dated within the past year. Hemp products and FDA-approved drugs need no certification (Wis. Stat. 961.32(2m)(b)).
The law does not set up stores or a patient list, and it does not cover marijuana with THC.
Wisconsin and Neighboring States
Three of Wisconsin’s four neighbors allow adults to buy marijuana, and crossing back into Wisconsin with it is still a crime.
Marijuana laws in Wisconsin and neighboring states
Source: Resist Now marijuana laws by state dataset (NORML and NCSL), October 2026
Marijuana bought legally in another state is still illegal to possess in Wisconsin, and federal law still lists marijuana as a controlled substance.
The 2026 Wisconsin Marijuana Bills
Senate Bill 1045 would have made marijuana legal for adults and for patients, and it died when the session ended. Democratic senators filed it on February 24, 2026 (Wisconsin Legislature). No Republican signed on to the bills, the Marijuana Policy Project reported (MPP).
Senate President Mary Felzkowski, a Republican, filed a separate medical marijuana bill in fall 2025. It passed a committee but never got a floor vote, the same group reported. Every Assembly seat, 17 Senate seats and the governor’s office are on the November 3, 2026 ballot, and the next Legislature takes up any new bill in 2027.
Wisconsin Marijuana Law by Situation
Open the situation closest to yours. This is general information, not legal advice.
Wisconsin marijuana law, by situation
I was charged with possession
- Do not discuss the case with police without a lawyer.
- Ask the court for a public defender if you cannot afford a lawyer.
- Tell your lawyer about any past drug conviction in any state, since it changes the charge.
A first offense is a misdemeanor, but a prior conviction anywhere can make it a felony.
I want to use CBD for a medical condition
- Ask your physician for a written certification.
- Keep the certification with the CBD, and renew it within a year.
The certification is what makes possessing CBD legal under state law.
I bought marijuana legally in another state
- Do not bring it into Wisconsin.
- Federal law still lists marijuana as a controlled substance in every state.
Legal purchase elsewhere does not change Wisconsin's law.
Where Things Stand
Wisconsin marijuana laws and bills
As of October 3, 2026
- Marijuana possession (Wis. Stat. 961.41) Law, A crime at any amount
A first offense carries up to a $1,000 fine and 6 months in jail. A second offense is a Class I felony. (source)
- CBD with a physician certification (Wis. Stat. 961.32(2m)) Law, Allowed
The certification must be no more than one year old and state that the CBD treats a medical condition. (source)
- Adult-use and medical cannabis bill (2025 SB 1045) Ended, Did not pass
Introduced February 24, 2026. It never got a committee vote and died when the 2025-2026 session ended. (source)
Source: Wisconsin Statutes; Wisconsin Legislature; Marijuana Policy Project
Wisconsin Marijuana Questions
Is weed legal in Wisconsin?
No. Marijuana is not legal in Wisconsin for adults or for medical use. A first possession conviction can bring a fine of up to $1,000 and 6 months in jail, and a second is a Class I felony. CBD is legal with a physician’s certification.
Is a second marijuana possession charge a felony in Wisconsin?
Yes. A second possession offense is a Class I felony, and any earlier drug conviction under any state’s or federal law counts as the first.
Does Wisconsin have medical marijuana?
No. Wisconsin allows only CBD with a physician’s certification. A 2026 bill to legalize cannabis for adults and for medical use, Senate Bill 1045, was introduced February 24, 2026 and failed when the session ended.
What You Can Do
- Know the law before you carry anything. Possession is a crime at any amount in Wisconsin.
- Get a physician’s certification if you use CBD for a medical condition, and keep it current.
- Ask your legislative candidates where they stand on medical and adult-use cannabis. Find your districts with the Legislature’s district finder.
- Vote on November 3. See our Wisconsin governor race guide.