Where's Weed
Where's Weed - Wisconsin


Cannabis in Wisconsin

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Wisconsin Cannabis Laws

Is Weed Legal in Wisconsin?

No and no. Wisconsin continues to be one of the harshest states regarding either recreational or medical marijuana. Unfortunately for Wisconsin citizens, getting caught for the first time is a jailable offense no matter the amount. Getting caught a second time with any amount of marijuana is a felony, with huge fines up to $10,000 and 3.5 years behind bars.

Unfortunately, Wisconsin hasn’t made a single bill to legalize or even attempt to legalize medical or recreational marijuana. It is estimated that Wisconsin could be the last state to legalize medical marijuana and by the looks of it, that will probably be true.

Buying Marijuana in Wisconsin

Buying Marijuana at a Retail Location

Buying marijuana is highly illegal in Wisconsin. Wisconsin remains one of the few states where cops are asked to actively track down marijuana users and arrest them on the spot. Anyone caught selling or intending to sell marijuana will be charged as a felon and face anywhere between 3.5 and 15 years in jail depending on the amount. Therefore, there is no legal business to sell marijuana and there won’t for a long time.

Using a Marijuana Delivery Service

Marijuana delivery services are also illegal in Wisconsin and anyone caught distributing marijuana will be locked up immediately. Since there is no draft or even hope to legalize marijuana in Wisconsin, it is unclear how Wisconsin may view this issue in the future if they ever legalize marijuana.

Store Hours

Since there is no current draft to legalize marijuana it is unclear how Wisconsin will handle store hours when it is eventually legalized. Store hours are generally flexible when a legal marijuana system is enacted. However, some states such as Ohio choose to regulate store hours, so we will keep you updated as more information is available!

Purchasing Restrictions

No amount of marijuana has been decriminalized in Wisconsin. Getting caught purchasing marijuana for the first time with any amount is a misdemeanor with the possibility of 6 months of jail time and a fine of $1,000. However, getting caught the second time is a felony with 3.5 years of jail time and $10,000 in fines.

Available Products

CBD oil is the only marijuana product that is legal in Wisconsin. However, while it is legal to own, consumers must be careful to purchase CBD with absolutely no levels of THC in the product to be in coherence with Wisconsin law.

Taxes on Marijuana in Wisconsin

Taxes on Recreational Marijuana in Wisconsin

Recreational marijuana is outlawed in Wisconsin and there has been no legal system to maintain, regulate, and tax marijuana. Therefore, purchasing recreational marijuana involves illegal sales through the black market. If the Wisconsin police catch anyone selling or purchasing marijuana, serious fines and jail time will be charged.

Taxes on Medical Marijuana in Wisconsin

A medical marijuana bill or attempt for legalization has never occurred in the state of Wisconsin so it is unclear how they may tax medical marijuana if it becomes legal. As of now, any type of marijuana is not decriminalized and there can be no system of taxes implemented on the sale.


Possession of any type of marijuana product is illegal in Wisconsin. The consequences of possession are dependent on not the amount, but if they have been caught before. If one has never been charged with marijuana possession that the punishment is a misdemeanor with a $1,000 fine and 6 months in jail. Getting caught a second time is a felony with 3.5 years in jail and a $10,000 fine. Furthermore, if one is caught near a protected area such as a school, youth center, public park, or jail, they will have to complete 100 hours of community service.

Using Marijuana in Wisconsin

One cannot use marijuana in Wisconsin in any capacity. Whether it be smoking, ingesting or vaping marijuana, the punishments are all the same. The one thing that changes is where somebody is caught with marijuana. If caught within 1,000 ft of any of the following places, the offender will have to complete court-mandated community service of 100 hours:

  • School or University Campus
  • Youth Center
  • Public Park
  • Pool
  • Housing Project
  • Jail
  • Drug Treatment Facility

Smoking on Federal Lands

Marijuana of any kind is still illegal on a federal level. Essentially what this means is that any land that is owned by the federal government puts you in the feds jurisdiction where marijuana is illegal. Therefore, if you are caught possessing and/or consuming marijuana on federally owned land, you will be prosecuted by the feds.

Medical Marijuana in Wisconsin

Wisconsin could be the last state to legalize medical marijuana. As of now, there hasn’t even been an attempt to legalize medical marijuana. Wisconsin does not recognize the health benefits of medical marijuana and no doctor is willing to prescribe marijuana either. It is impossible to tell how long it could be until Wisconsin legalizes medical marijuana, but we know it won’t be any time soon.

How to Get a Medical Marijuana Card in Wisconsin

One cannot obtain a medical marijuana card in Wisconsin as the program is nonexistent. Doctors have repeatedly polled against the legalization of medical marijuana as well. Therefore, it is likely that even if medical marijuana is legalized in Wisconsin it will be near impossible to obtain a card because most doctors are actively against prescribing medical marijuana.

Out of State Medical Cards Wisconsin

Since there has not been an attempt to legalize medical marijuana, we still don’t know how Wisconsin will view reciprocity. In stricter states, out of state medical marijuana cards are not accepted and this may just be the case with Wisconsin if they legalize medical marijuana. Stay tuned!

How to Transport Marijuana in Wisconsin

Transporting Marijuana in Wisconsin

If anyone is caught transporting marijuana in Wisconsin, they fall victim to the possession charges mentioned above. If cops smell any sort of marijuana in one’s car, they will attempt to search your vehicle. However, if there is not probable cause, a cop cannot search one’s vehicle as they would need a warrant. Therefore, one should never attempt to transport marijuana across the state of Wisconsin or across any state line for that matter.

Driving While Under the Influence of Marijuana

There is no legal limit of driving under the influence of marijuana in Wisconsin. Instead, any trace of marijuana in one’s system is illegal as it is still illegal on a state level. Driving under the influence of marijuana is always a bad idea and can result in massive legal problems similar to that of a DUI. If you are high, be sure to utilize Wisconsin’s public transportation or any popular ride-sharing app.

Driving Across State Lines with Marijuana

As you may know, the state borders are under federal jurisdiction, where weed is still illegal. Therefore, driving across state lines puts the driver and anyone in the car under federal law. If caught transporting marijuana across state lines, one will be prosecuted on a federal level which levies massive fines and possible jail time, even if weed is legal in the state you are driving to.

Growing Marijuana in Wisconsin

Nobody in the state of Wisconsin is allowed to grow marijuana. Getting caught growing marijuana in Wisconsin leads straight to a felony no matter the amount. Any amount less than 200 grams (4 plants or less) is a Class 1 Felony which leads to 3.5 years in jail and a $10,000 fine. The more one is caught growing the higher the punishments are.


Frequently asked questions about cannabis in Wisconsin