Wisconsin Marijuana Laws
Restricted medical marijuana use is legal in Wisconsin. The law allows patients with a doctor’s certification to treat unspecified conditions with CBD oil. Possession of cannabis for any use is illegal.
LAW BREAKDOWN
LAW BREAKDOWNS
Wisconsin allows the limited, non-intoxicating use of CBD oil. Marijuana is prohibited for any other use. The drug is not decriminalized, so all offenses are treated as crimes and carry the possibility of jail time.
Possession
Possession of any amount of marijuana in Wisconsin is a misdemeanor on a first offense and carries a maximum sentence of 6 months in jail and $1,000 in fines. On a subsequent offense the charge is a felony, and the maximum penalty is 3.5 years in prison plus $10,000.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Any amount (first offense) | Misdemeanor | 6 months | $ 1,000 |
| Any amount (subsequent offense) | Felony | 3.5 years | $ 10,000 |
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Sale or Delivery
It is a felony to sell or deliver any amount of cannabis in Wisconsin. If the amount is 200 grams or less, the maximum penalty is 3.5 years in prison and $10,000 in fines. If the weight is between 200 and 1,000 grams, the maximum is 6 years in prison and $10,000.
For between 1,000 and 2,500 grams, the top penalty is 10 years in prison and up to $25,000 in potential fines. For between 2,500 and 10,000 grams, the maximum is 12.5 years in prison and $25,000. And for more than 10,000 grams, penalties max out at 15 years in prison and $50,000 in fines.
Subsequent sale or delivery convictions carry enhanced penalties. Sale and delivery statutes also cover possession with intent to distribute.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 200 g or less | Felony | 3.5 years | $ 10,000 |
| 200 – 1000 g | Felony | 6 years | $ 10,000 |
| 1000 – 2500 g | Felony | 10 years | $ 25,000 |
| 2500 – 10,000 g | Felony | 12.5 years | $ 25,000 |
| More than 10,000 g | Felony | 15 years | $ 50,000 |
| Includes possession with intent to distribute | |||
| Subsequent offense is subject to additional penalties | |||
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Cultivation
Cultivation is treated the same as possession in Wisconsin, with all offenses being felonies. Growing 4 or fewer plants is subject to a maximum penalty of 3.5 years in prison and $10,000 in fines.
For offenses involving between 4 and 20 plants, the top penalty is 6 years in prison and $10,000 in fines. For between 20 and 50 plants, penalties increase to as many as 10 years in prison and a fine of up to $25,000. Cultivation of 50 to 200 plants is punishable by up to 12.5 years in prison and $25,000. And growing more than 200 plants carries a maximum sentence of 15 years in prison and $50,000.
Subsequent cultivation offenses carry enhanced penalties.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 4 plants or fewer | Felony | 3.5 years | $ 10,000 |
| 4 – 20 plants | Felony | 6 years | $ 10,000 |
| 20 – 50 plants | Felony | 10 years | $ 25,000 |
| 50 – 200 plants | Felony | 12.5 years | $ 25,000 |
| More than 200 plants | Felony | 15 years | $ 50,000 |
| Subsequent offense is subject to additional penalties | |||
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Concentrates
Hashish and other cannabis concentrates are treated the same as regular bud under Wisconsin law. That means the same weight limits and penalties apply.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Penalties for hashish and marijuana are generally treated equally under the law. | |||
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Paraphernalia
Wisconsin bars all marijuana paraphernalia unless it’s intended, sold, and used exclusively for legal purposes. Paraphernalia includes any items intended for use in the cultivation, processing, manufacture, testing, weighing, analysis, storing or consumption of marijuana.
Possession and use. Use, or possession with intent to use, of drug paraphernalia is a misdemeanor punishable by up to 30 days in jail and $500 in fines.
Sale and distribution. Distribution of paraphernalia or possession with intent to distribute is also a misdemeanor and carries a maximum of 90 days in jail and a maximum fine of $1,000.
Sale to a minor. Selling or giving paraphernalia to a minor aged 17 or younger by someone aged 17 or over and at least 3 years older than the recipient is likewise a misdemeanor. The maximum possible penalty is 9 months in jail and $10,000.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Use or possession with intent to use paraphernalia | Misdemeanor | 30 days | $ 500 |
| Sale or distribution of paraphernalia | Misdemeanor | 90 days | $ 1,000 |
| Selling to a minor | Misdemeanor | 9 months | $ 10,000 |
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| Forfeiture | |||
|---|---|---|---|
| All controlled substances and items used to distribute, including vehicles, are subject to forfeiture. | |||
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| Miscellaneous | |||
|---|---|---|---|
| Driving privileges may be suspended for 6 months – 5 years. | |||
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Medical Marijuana
MEDICAL MARIJUANA
Wisconsin legalized the medicinal use of CBD oil for the treatment of seizures in 2014, but it still remains difficult for patients to access it.
QUALIFYING CONDITIONS:
Any medical condition which a physician recommends it for
PATIENT POSSESSION LIMITS:
Possession of any form of cannabidiol without a psychoactive effect
HOME CULTIVATION:
No
STATE-LICENSED DISPENSARIES:
No
CAREGIVERS:
No
RECIPROCITY:
No
Wisconsin Marijuana Attorneys
The following Wisconsin lawyers are actively involved in the practice of cannabis law:
