Wisconsin Cannabis Laws Last updated: October 21, 2025
Wisconsin remains one of the few states in the Midwest that has not legalized adult-use or medical cannabis. Despite ongoing debates in Madison and increasing pressure from neighboring states with regulated markets, marijuana possession is still a criminal offense under state law. Understanding Wisconsin cannabis laws in 2025 is essential for anyone living, working, or doing business in the state.
Recreational Cannabis: Still Illegal in 2025
Possession of cannabis for personal use remains illegal statewide. Under Wis. Stat. § 961.41(3g)(e), a first-offense possession is a misdemeanor, punishable by up to 6 months in jail and a $1,000 fine. A second or subsequent offense is a Class I felony, carrying a maximum penalty of 3.5 years imprisonment and up to a $10,000 fine.
Even small amounts can result in criminal records that affect employment, housing, and education. Enforcement varies by county, but statewide law still classifies THC as a controlled substance with no accepted medical use.
Medical Marijuana Efforts in 2025
While Wisconsin has yet to pass a comprehensive medical marijuana program, lawmakers are once again debating the issue. A new Republican-backed bill was introduced in the fall of 2025 and scheduled for a Senate Health Committee hearing. The proposal would establish a limited, state-regulated medical cannabis framework with restrictions on product forms and qualifying conditions.
Previous bills have failed, but this renewed effort signals growing bipartisan interest. Until legislation is passed and implemented, all possession remains illegal, even for medical use.
For those planning ahead, it’s wise to monitor upcoming bills and regulatory models being discussed in other Midwest states. If Wisconsin eventually adopts a regulated system, early preparation around zoning, licensing, and compliance can give businesses a competitive edge. For a deeper dive into cannabis business formation and compliance, see the anchor-linked resource on how to open a dispensary in Wisconsin.
Hemp and Delta-8 THC Regulation
Wisconsin allows the cultivation and sale of hemp under federal definitions (cannabis containing less than 0.3% delta-9 THC). However, the rise of intoxicating hemp products such as delta-8 and THCa has triggered a regulatory backlash.
In 2025, Wisconsin legislators proposed new measures to limit or ban synthetic and intoxicating cannabinoids. The proposed bills would redefine THC to include all intoxicating derivatives and impose stricter labeling, testing, and age restrictions.
Businesses selling hemp-derived products should implement compliance systems now—age verification, accurate potency testing, and responsible packaging—to prepare for enforcement changes. Other states, including Minnesota and Michigan, have enacted similar laws in recent years.
Local Decriminalization
A handful of Wisconsin cities have decriminalized small amounts of cannabis, but local ordinances do not override state law. For example, Madison allows adults to possess up to 28 grams on private property, while Milwaukee County treats small possession cases as civil forfeitures. Yet state prosecutors can still bring charges under criminal statutes.
Local decriminalization offers some relief, but it’s not legalization. Penalties and enforcement vary widely between jurisdictions, so residents should understand both municipal and state-level rules.
Penalties Summary
- First-Offense Possession: Misdemeanor, up to 6 months jail / $1,000 fine.
- Subsequent Offense: Class I felony, up to 3.5 years prison / $10,000 fine.
- Paraphernalia: Separate misdemeanor offense.
- Distribution / Manufacturing: Felony, with penalties increasing based on quantity and circumstances.
What to Expect Next
Momentum for reform is growing. Wisconsin lawmakers face strong public pressure as Illinois, Michigan, and Minnesota all operate legal adult-use markets. Medical legislation has the best chance of passage in 2025, likely introducing a limited dispensary model before broader legalization is considered.
Until laws change, however, cannabis possession remains illegal in Wisconsin. Anyone involved in hemp or cannabinoid commerce should prepare for upcoming restrictions and monitor the legislature closely.
For background on how neighboring states structured their markets and compliance frameworks, see the anchor-linked resource on Midwestern cannabis regulations.
Key Takeaways
- Wisconsin has no legal marijuana program in 2025—possession remains criminal.
- Medical legislation may pass in the near term but is not yet law.
- Delta-8 and hemp-derived THC products face new restrictions.
- Local decriminalization exists in some cities, but state penalties still apply.
Wisconsin’s cannabis laws are evolving, but for now, both consumers and entrepreneurs must tread carefully until clear legal frameworks are established.
