Wisconsin
Wisconsin does not have a medical cannabis program, but physicians may recommend preparations that are high in CBD and currently available over the counter as a treatment akin to how one would recommend any OTC medication. Possession of any cannabis preparations that contain more than 0.3% THC are prohibited.
Possession of any amount of marijuana is a misdemeanor punishable by imprisonment of no more than 6 months and a maximum fine of $1,000. Subsequent offenses are felonies that carry a maximum term of 3.5 years imprisonment and a fine of $10,000. However, the following jurisdictions have decriminalized marijuana at the local level (though local law enforcement officials may, at their discretion, pursue criminal charges instead of local ordinances):
• Appleton (amount: less than 25 g; fine: $200)
• Eau Claire (amount: less than 25 g; fine: $100-$500)
• Green Bay (amount: less than 28 g; fine: $0 (as of March 2022))
• Kenosha (amount: less than 1 oz; fine: $10-$750. Less than 25 g; fine: $1 for 1st time (as of September 2023))
• La Crosse (amount: less than 25 g; fine: $1 (as of July 2020))
• Milwaukee (amount: less than 25 g; fine: $1 (as of March 25, 2021))
• Monona (amount: less than 25 g; fine: $200 for public smoking, $0 for possession)
• Oshkosh (amount: less than 25 g; fine: $200)
• Racine (amount: less than 25 g on private property; fine: $75)
• Rock County (amount: less than 1 oz; fine: $1 (as of September 2020))
• Stevens Point (amount: less than 5 g; fine: $100)
• Superior (amount: less than 25 g; fine: $100-$500)
• Waukesha (amount: not defined; fine: $1,000)
• Wausau (amount: less than 28 g; fine: $50-$500)
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In November 2020, the Madison Common Council voted to permit adults over the age of 18 to consume marijuana in public and private places, and to possess paraphernalia and up to 28 g of flower cannabis. Laws against the distribution of marijuana, drugged driving, and smoking in specific places (such as school properties) remain in effect.
Intent to sell or distribute any amount of marijuana is a felony. Cultivation is a felony, as well, and the penalty structure is severe:
• 1-3 plants: Minimum sentence of 3 years imprisonment and a maximum fine of $10,000.
• 4-20 plants: Minimum sentence of 6 years imprisonment and a maximum fine of $10,000.
• 20-50 plants: Minimum sentence of 10 years imprisonment and a maximum fine of $25,000.
• 50-200 plants: Minimum sentence of 12.5 years imprisonment and a maximum fine of $25,000.
• More than 200 plants: Minimum sentence of 15 years imprisonment and a maximum fine of $50,000.
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