State Law Tracker · Wisconsin

Cannabis and hemp law in Wisconsin

In Wisconsin, recreational cannabis is illegal, there is no medical cannabis program, and delta-8 THC is legal.

Last verified October 24, 2026 · Last major change November 2025

RecreationalIllegal MedicalNo program Delta-8Legal

Is recreational cannabis legal in Wisconsin?

Illegal. Illegal statewide; a 2026 bill to legalize adult-use and medical cannabis (SB 1045) failed to pass on March 23, 2026.

Is medical cannabis legal in Wisconsin?

No program. No medical cannabis program; state law lets a person possess a cannabidiol (CBD) product with a physician's certification.

What are the rules for hemp products in Wisconsin?

State law sets no age limit or per-serving cap for hemp products such as delta-8, THC drinks and edibles; 2026 bills to regulate or ban them failed. From Dec. 11, 2026, federal law excludes products over 0.4 mg THC per container from hemp.

Is delta-8 THC legal in Wisconsin?

Legal. Delta-8 and HHC products may be sold at general retail with no state license or age limit; federal changes exclude cannabinoids the plant cannot produce naturally from hemp on Nov. 12, 2026, and converted cannabinoids such as delta-8 made from CBD, plus products over 0.4 mg total THC per container, on Dec. 11, 2026.

What happens if you break the law in Wisconsin?

First-offense possession of any amount is a misdemeanor punishable by up to 6 months in jail, a fine of up to $1,000, or both; a second offense is a felony.

Is cannabis or hemp law changing in Wisconsin?

In danger. Federal law excludes cannabinoids the plant cannot produce naturally (such as THC-O) from hemp Nov. 12, 2026, and converted cannabinoids such as delta-8 made from CBD, plus products over 0.4 mg total THC per container, Dec. 11, 2026; the state has no medical or adult-use program, and 2026 bills to regulate hemp failed.

In danger on this tracker: In a state where recreational cannabis is not legal, an enacted law, court ruling or enforcement action is removing THC products adults can legally buy today.

Sources

  1. docs.legis.wisconsin.gov/2025/proposals/reg/sen/bill/sb1045
  2. docs.legis.wisconsin.gov/document/statutes/961.41(3g)(e)
  3. fox11online.com/news/fox-11-investigates/fox-11-investigates-wisconsin-bills-look-to-supersede-federal-ban-on-hemp-thc-products-assembly-senate-alcohol-intoxicant-drugs-delta-9
  4. www.everycrsreport.com/files/2026-09-28_IF13136_aa36fad7d69289127cbbbafef54e2aede431b2c4.html
⚠︎ Federal law — affects every state A federal funding law signed in November 2025 (Public Law 119-37) narrows the legal definition of hemp, and a stopgap funding law signed September 2, 2026 (Public Law 119-103) split its start into two dates. On November 12, 2026, products containing cannabinoids that a cannabis plant cannot produce naturally, such as THC-O, fall outside it. The rest takes effect December 11, 2026, including the exclusion of chemically converted cannabinoids such as delta-8 made from CBD, a 0.3% limit measured as total THC (including THCA), and a limit of 0.4 milligrams of total THC per container. State rules apply on top of the federal law. Sources: Public Law 119-103, Sec. 2019 · Congressional Research Service · Akerman LLP
Informational summary drawn from state statutes, official program pages, and published reporting — sources linked per state. Not legal advice. Laws change quickly; verify with official state sources before acting. Spot an error? Request a correction — we fix mistakes promptly.
← All 50 states