Wisconsin Laws and Penalties

OffensePenaltyIncarceration  Max. Fine  

Possession

Any amount (first offense)Misdemeanor6 months$ 1,000
Any amount (subsequent offense)Felony3.5 years$ 10,000

Sale or Delivery

200 g or lessFelony3.5 years$ 10,000
200 - 1000 gFelony6 years$ 10,000
1000 - 2500 gFelony10 years$ 25,000
2500 - 10,000 gFelony12.5 years$ 25,000
More than 10,000 gFelony15 years$ 50,000
Includes possession with intent to distribute
Subsequent offense is subject to additional penalties

Cultivation

4 plants or fewerFelony3.5 years$ 10,000
4 - 20 plantsFelony6 years$ 10,000
20 - 50 plantsFelony10 years$ 25,000
50 - 200 plantsFelony12.5 years$ 25,000
More than 200 plantsFelony15 years$ 50,000
Subsequent offense is subject to additional penalties

Hash & Concentrates

Penalties for hashish and marijuana are generally treated equally under the law. Please see details below.

Paraphernalia

Use or possession with intent to use paraphernaliaMisdemeanor30 days$ 500
Sale or distribution of paraphernaliaMisdemeanor90 days$ 1,000
Selling to a minorMisdemeanor9 months$ 10,000

Civil Asset Forfeiture

All controlled substances and items used to distribute, including vehicles, are subject to forfeiture.

Miscellaneous

Driving privileges may be suspended for 6 months - 5 years.

Penalty Details

Marijuana is a Schedule I hallucinogenic substance under the Wisconsin Uniform Controlled Substances Act.

Possession

A first offense for possession of marijuana is a misdemeanor punishable by a fine of up to $1,000 and/or imprisonment of up to 6 months. A second offense is a Class I felony and is punishable by a fine of up to $10,000 and/or imprisonment for up to 3.5 years.

The penalty for marijuana possession will vary according to number of convictions, with 100 hours of community service, in addition to the standard penalty for possession within 1,000 ft. of a school, youth center, public park, pool, housing project, jail or drug treatment facility.  

Sale or Cultivation

The sale or cultivation of 200 grams or less (4 plants or fewer) is a Class I felony, punishable by up to $10,000 in fines and/or imprisonment for up to 3.5 years.

The sale or cultivation of between 200 and 1,000 grams (5-12 plants) is a felony, punishable by up to $10,000 fine and/ or 6 years in prison.

The sale or cultivation of between 1,000 and 2,500 grams (21-50 plants) is punishable by up to $25,000 fines and/ or a maximum 10 years imprisonment.

The sale or cultivation of between 2,500 and 10,000 grams (51-200 plants) is punishable by up to $25,000 fine and/or 12 years and 6 months imprisonment.

The sale or cultivation of over 10,000 grams (more than 200 plants) is punishable with a maximum of 15 years imprisonment and/or a $25,000 fine.

Hash & Concentrates

Any compound containing THC is a Schedule I drug. While the definition of marijuana does not include hashish or concentrates, the penalties and offenses associated with marijuana are the same for hashish or concentrates. Please see the marijuana penalties section for further details.

Paraphernalia

It is illegal to use paraphernalia or possess paraphernalia with the intent to use it. Paraphernalia includes any item that will assist in the cultivation, distribution, ingestion, or inhalation of marijuana. This offense is a misdemeanor punishable by a fine of up to $500 or up to 30 days of imprisonment.

The sale of paraphernalia it is a misdemeanor and is punishable by a fine of up to $1,000 and/or 90 days of imprisonment.

Selling paraphernalia to a minor is a misdemeanor punishable by a fine of up to $10,000 an/or up to 9 months of imprisonment.

Forfeiture

All controlled substances and items used to distribute them, including vehicles, are subject to forfeiture under Wisconsin law.

Miscellaneous

If a person is convicted of any violation the Uniform Controlled Substances Act, the court may, in addition to any other penalties that may apply to the crime, suspend the person’s operating privilege for not less than 6 months nor more than 5 years. The person may be able to apply for an occupational license depending on the number of prior convictions.

More Information

Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.

Drugged Driving

Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.

Local Decriminalization

This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.

Medical CBD

This state has passed a medical CBD law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.