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Madison, WI Cannabis Regulations: Cannabis Delivery Rules (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

Legal delivery
None: illegal
State penalty
Class I-E felony
Hemp delta-8
Gray-zone risk
Madison ordinance
Possession only

Summary

Because Wisconsin has not legalized recreational or full medical cannabis, no licensed delivery system exists, and any commercial cannabis transport in Madison violates Wis. Stat. §961.41 distribution provisions regardless of local decriminalization.

961.41 Prohibited acts A — penalties. (1) Manufacture, distribution or delivery. Except as authorized by this chapter, it is unlawful for any person to manufacture, distribute or deliver a controlled substance or controlled substance analog. Any person who violates this subsection is subject to the following penalties: [...] (h) Tetrahydrocannabinols. If the person violates this subsection with respect to tetrahydrocannabinols, included under s. 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols, and the amount manufactured, distributed or delivered is: 1. Two hundred grams or less, or 4 or fewer plants containing tetrahydrocannabinols, the person is guilty of a Class I felony. 2. More than 200 grams but not more than 1,000 grams, or more than 4 plants containing tetrahydrocannabinols but not more than 20 plants containing tetrahydrocannabinols, the person is guilty of a Class H felony. 3. More than 1,000 grams but not more than 2,500 grams, or more than 20 plants containing tetrahydrocannabinols but not more than 50 plants containing tetrahydrocannabinols, the person is guilty of a Class G felony. 4. More than 2,500 grams but not more than 10,000 grams, or more than 50 plants containing tetrahydrocannabinols but not more than 200 plants containing tetrahydrocannabinols, the person is guilty of a Class F felony. 5. More than 10,000 grams, or more than 200 plants containing tetrahydrocannabinols, the person is guilty of a Class E felony.

Source: Wis. Stat. §961.41View official code

Full Breakdown

Madison Ordinance 23.20 reduces local possession of small amounts to a $1 civil forfeiture, but the ordinance does not authorize sale, delivery, or transfer for value. State law under Wis. Stat. §961.41(1)(h) classifies delivery and possession with intent as criminal offenses graduating from Class I to Class E felonies based on quantity. CBD oil dispensed via Wis. Stat. §961.32(2m) flows only through a physician and pharmacy under federal Schedule V analog rules. Delta-8 and other hemp-derived cannabinoid deliveries operate in a legal gray zone the Wisconsin Department of Justice has signaled it may enforce against. Out-of-state mail-order cannabis is federally illegal.

Violations & Fines

Delivering any amount of marijuana in Madison can produce state felony charges with prison time and asset forfeiture under Wis. Stat. ch. 961, plus potential federal Controlled Substances Act exposure.

Frequently Asked Questions

Can a friend give me weed in Madison?
Even a free transfer is technically delivery under Wis. Stat. §961.41. The Madison $1 possession ordinance does not protect the person handing it over.
Are delta-8 deliveries legal?
Hemp-derived delta-8 sales operate in a gray zone. The Wisconsin DOJ has warned retailers; consumers face uncertain legal status if products test above 0.3% delta-9 THC.

Sources & Official References

Other rules in Madison

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