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
Illegal. Illegal statewide; a 2026 bill to legalize adult-use and medical cannabis (SB 1045) failed to pass on March 23, 2026.
No program. No medical cannabis program; state law lets a person possess a cannabidiol (CBD) product with a physician's certification.
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.
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.
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.
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.