Pending Legislation
Wisconsin proposes marijuana legalization with comprehensive regulations for medical and adult-use markets.
What Are the 2025 Laws on Marijuana in Wisconsin?
Wisconsin's marijuana laws remain strict, prohibiting possession and cultivation with severe penalties for violations.
Marijuana laws are expanding across the United States, with many jurisdictions opting to legalize recreational marijuana. In Wisconsin, Governor Tony Evers included measures to legalize cannabis in the state in his executive budget in 2023. However, the Wisconsin legislature killed that proposal and others. With all the back and forth over marijuana, it can be confusing to keep up with the state’s current drug laws and where marijuana policy stands.
At J. Kippa Law Office, LLC, our dedicated criminal defense and drug crime attorneys want to help you understand Wisconsin’s 2024 marijuana laws.
The State of Wisconsin’s Marijuana Laws
Discussions over marijuana legalization are reaching a fever pitch in Wisconsin and across America. There have been several recent attempts to push forward drug reform policy in Wisconsin, only to have groups in the Wisconsin legislature shoot it down. The uncertainty, plus the frequent presence of marijuana in local and national news, can make understanding Wisconsin’s drug laws confusing, especially when marijuana is legal in numerous other nearby jurisdictions like Illinois and Michigan.
As of 2025, Wisconsin law prohibits marijuana possession and consumption for medicinal and recreational purposes. Possessing, manufacturing, distributing, selling, cultivating, or using marijuana in the state is currently illegal. Additionally, Wisconsin residents cannot travel to another state, legally purchase marijuana, and bring it back to Wisconsin for consumption.
Wisconsin does allow the use of CBD oil to treat specific conditions. CBD is the non-psychoactive compound in marijuana and hemp. In compliance with federal law, Wisconsin law also allows the cultivation, distribution, processing, and possession of hemp and hemp-derived products when the THC content does not exceed 0.3 percent.
Penalties for Marijuana Possession in Wisconsin
Marijuana penalties in Wisconsin can be severe and lead to significant consequences, including jail time. First-time offenders typically face misdemeanor charges, while subsequent offenders can find themselves facing felony charges. Penalties for marijuana possession conviction can include:
- Possession of Any Amount (First Offense) – Fines up to $1,000 and up to six months in prison
- Possession of Any Amount (Subsequent Offense) – Fines up to $10,000 and up to 3.5 years in prison
- Possession of More Than 200 Grams (Intent to Sell) – Fines up to $50,000 and up to 15 years in prison
The cultivation of marijuana plants in Wisconsin can also lead to stiff legal and financial penalties, including:
- Cultivation of Up to Four Cannabis Plants– Fines up to $10,000 and up to 3.5 years in prison
- Cultivation of Four to 20 Cannabis Plants – Fines up to $10,000 and up to six years in prison
- Cultivation of 20 to 50 Cannabis Plants – Fines up to $25,000 and up to 10 years in prison
- Cultivation of 50 to 200 Cannabis Plants – Fines up to $25,000 and up to 12.5 years in prison
- Cultivation of More Than 200 Cannabis Plants – Fines up to $50,000 and up to 15 years in prison
Possession of Marijuana with Intent to Manufacture, Distribute, or Deliver
The penalties for possessing marijuana with intent to manufacture, deliver, or distribute escalate sharply compared to simple possession. Under Section 946.41(1m)(h), possession with intent is always a felony in Wisconsin, and the potential penalties include:
- Two hundred grams or less, or four or fewer plants containing THC – Class I felony. Up to three years and six months in prison and a fine of up to $10,000.
- Two hundred one to one thousand grams, or 5-20 plants containing THC – Class H felony. Up to six years in prison and a fine of up to $10,000.
- One thousand one to twenty-five hundred grams, or 21-50 plants containing THC – Class G felony. Up to 10 years in prison and a fine of up to $25,000.
- Twenty-five hundred one to ten thousand grams, or 51-200 plants containing THC- Class F felony. Up to 12 years and six months in prison and a fine of up to $25,000.
- More than 10,000 grams or more than 200 plants containing THC – Class E Felony. Up to 15 years in prison and a fine of up to $50,000.
What To Do If You’re Arrested on Marijuana Charges in Wisconsin
Because even low-level marijuana charges in Wisconsin carry harsh penalties, it’s imperative to protect your rights and avoid making your situation worse after an arrest. Here’s what to do if the police arrest you on suspicion of marijuana charges:
- Don’t resist arrest or attempt to destroy evidence. Either of these actions will only make your situation worse and could lead to additional criminal penalties.
- Don’t say anything to the police or prosecutors without an attorney present. You have the right to remain silent, and the police prosecutors will use anything you say to build their case against you. Even something as simple as “I’m sorry” could imply guilt.
- Reach out to a Wisconsin drug crimes defense lawyer. They can protect your interests during any interactions with the police or prosecutors, look for weak points in the case against you, and represent you in any courtroom proceedings. The sooner you contact an attorney, the more they can do to help you.
- Try to remember the details of your arrest. These details may come in handy later, as they may demonstrate violations of your constitutional rights or bolster your defense in other ways.
Call an Experienced Wisconsin Criminal Defense Attorney Now
Marijuana may be legal in nearby jurisdictions, but it’s illegal in Wisconsin, and running afoul of the state’s drug laws can significantly affect your life. Are you confused by Wisconsin’s marijuana laws? Have you been charged with marijuana or other drug offenses? The criminal defense team at J. Kippa Law, LLC, can help. Contact our office immediately to request a confidential legal consultation.
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