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

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

Key Facts

State rule
Wis. Stat. §961.41(1)(h)
Legal delivery?
No cannabis delivery
Hemp/CBD delivery
Allowed if compliant
Local $1 rule scope
Possession only

Summary

Cannabis delivery is illegal in Milwaukee because Wisconsin has not legalized retail sales. Delivery is prosecutable as distribution under Wis. Stat. §961.41(1)(h).

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: (a) Schedule I and II narcotic drugs generally. Except as provided in par. (d), (dm), or (dn), if a person violates this subsection with respect to a controlled substance included in schedule I or II which is a narcotic drug, or a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug, the person is guilty of a Class E felony. (b) Schedule I, II, and III nonnarcotic drugs generally. Except as provided in pars. (cm) and (e) to (hm), if a person violates this subsection with respect to any other controlled substance included in schedule I, II, or III, or a controlled substance analog of any other controlled substance included in schedule I or II, the person is guilty of a Class H felony. (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.

Source: Wisconsin Statutes §961.41View official code

Full Breakdown

Cannabis delivery services that operate legally in states like Illinois, Michigan, or Minnesota cannot operate in Milwaukee. Wisconsin has not authorized any retail sale or licensed delivery of marijuana, and any delivery of cannabis flower or THC products in Milwaukee is prosecutable as state distribution under Wis. Stat. §961.41(1)(h), which is a felony at any quantity beyond minor amounts. Milwaukee's local $1 forfeiture (Ord. Ch. 106-35) does not apply to delivery or distribution. The Milwaukee Police Department and county DA both retain delivery-prosecution authority. Hemp-derived products meeting the federal 0.3% Delta-9 THC threshold and Wis. Stat. §94.55 may be sold and delivered as ordinary retail.

Violations & Fines

Delivering cannabis is a state felony. Milwaukee's possession-deprioritization ordinance does not shield delivery activity, and state and federal criminal penalties remain fully available.

Frequently Asked Questions

Can an out-of-state dispensary deliver to Milwaukee?
No. Crossing state lines with cannabis violates federal law, and delivery into Wisconsin violates state distribution statutes regardless of the source state's legalization.
What about hemp-derived Delta-8 delivery?
Hemp-derived products under 0.3% Delta-9 THC may be delivered under Wis. Stat. §94.55, but enforcement of synthetic cannabinoids remains an evolving area.

Sources & Official References

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