Is Weed Legal in Wisconsin? Legality, Penalties, & Loopholes

Is weed legal in Wisconsin? Technically, no, but it has been heavily decriminalized in select cities and counties. In this post, we’ll break down where it’s decriminalized and what the rules are. We’ll cover topics such as decriminalization, penalties, and loopholes. Whether you’re visiting, relocating, or just curious, we’ve got you covered.

Planning a move to Wisconsin? At Muberr, we help people move across the state — from Green Bay to Appleton, Door County, and beyond. Call us at 920-662-4863 or book your move online.

Current Weed Laws in Wisconsin (2025)

Weed is still illegal in Wisconsin; however, steps have been made to decriminalize possession of small amounts. Eau Claire, Madison, and Milwaukee have lowered possession fines down to $1 (plus court costs). Oshkosh lowered possession fines to $75 plus court costs.

Madison has fully decriminalized weed and won’t prosecute unless it meets certain criteria, such as being under 18 or possessing large amounts (over 50 grams). See their official guidelines for more information.

Recreational marijuana: Illegal
Medical marijuana: Illegal
CBD oil: Legal
Delta-8 THC: Legal

The Delta-8 & CBD Loopholes in Wisconsin

Even though traditional weed is still illegal in Wisconsin, there’s a legal gray area that a lot of locals — and out-of-staters — are already taking advantage of: Delta-8 THC and CBD.

What is Delta-8?

Delta-8 is weed’s legal cousin. It’s a psychoactive compound found in the hemp plant, kind of like Delta-9 (the one that gets you high), but milder.

You’ll find Delta-8 in:

Vape cartridges
Gummies and edibles
Pre-rolls (that look like weed, smell like weed… but are Delta-8)

Heads up: The legality of Delta-8 is always shifting. Some lawmakers want to ban it entirely, arguing it’s unregulated and too close to real marijuana. But as of now? It’s sold all over Wisconsin — gas stations, smoke shops, CBD stores, and even online.

What About CBD?

CBD is fully legal in Wisconsin as long as it contains less than 0.3% THC. You can find CBD products almost anywhere across the state. They usually come in the form of gummies, oils, and even candies. Which has people wondering, is weed legal in Wisconsin? No, just CBD products for now.

Bottom Line: Is weed legal in Wisconsin?

No weed isn’t legal in Wisconsin, for now, you can only purchase Delta-8 and CBD products.

Penalties for Possession & Use in Wisconsin

While weed is still illegal, the following cities and counties have decriminalized it.

Eau Claire

$1 fine (plus court costs) for first-time possession of 25 grams or less.

Madison

Officially $1 (plus court costs) for 28 grams but Madison Police has said they won’t prosecute unless it meets certain guidelines like being under 18 or possessing significant amounts.

Milwaukee County

$1 fine (plus court costs) for possession of 25 grams or less.

Oshkosh

$75 fine plus court costs

Green Bay

$61 fine plus court costs for possession of 28 grams or less.

FAQ: Is Weed Legal in Wisconsin?

Is weed legal in Wisconsin?

No, it is still illegal. However, you can purchase hemp products with THC content of 0.3% or less.

Can I buy THC products in Wisconsin?

Yes, as long as the THC content is 0.3% or less.

Are people getting high from hemp products?

Yes, but not the same way as traditional weed. Users report deep relaxation without anxiety.

What are the penalties for marijuana possession?

You will most likely be let go or face a fine of $1-$75 plus court costs.

Why hasn’t Wisconsin legalized weed yet?

Historically, Wisconsin has been a conservative state, but times are changing, and we may see a change soon.

Are there any local exceptions or cities that allow it?

Is weed legal in Wisconsin? No, but places like Green Bay, Madison, and Milwaukee have decriminalized small amounts.

Is medical marijuana legal?

Not fully, such as neighboring states like Michigan and Illinois, but for now, CBD under 0.3% is legal.

Can cops tell the difference between weed and hemp?

Not really, and the THC content only needs to be more than 0.3% to be considered illegal. Always keep your packaging with your CBD products so you don’t run into trouble if you make contact with police.

Cris

I started Muberr almost a decade ago shortly after graduating from college. Little did I know it would grow to the size it is today. If you want that small business feel and need someone you can trust with your next move, I’d love to be that guy.