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.

Wisconsin marijuana laws
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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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Hash and 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

Marijuana Attorney Directory

Wisconsin Marijuana Attorneys

The following Wisconsin lawyers are actively involved in the practice of cannabis law:

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