Madison, WI Cannabis Regulations: Cannabis Delivery Rules (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.
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?
Are delta-8 deliveries legal?
Sources & Official References
Other rules in Madison
Compare Madison to another location·View the Wisconsin cannabis regulations overview
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