Dane County, WI Cannabis Regulations: Home Cultivation (2026)

Wisconsin Statute Chapter 961 classifies cannabis (marijuana) as a Schedule I controlled substance and prohibits cultivation of any quantity without DEA/state authorization. Unlike neighboring Illinois and Michigan, Wisconsin has no recreational program, and despite repeated legislative proposals, no medical marijuana program has been enacted as of 2026. Home cultivation of 4 or more plants is a Class H felony under Wis. Stat. §961.41(1)(h), punishable by up to 6 years imprisonment and $10,000 fine. Growing fewer than 4 plants is a Class I felony for first offenses (3.5 years and $10,000). Madison General Ordinances 23.20 decriminalizes possession of small amounts of cannabis within city limits to a $1 to $100 municipal forfeiture, but this does NOT extend to cultivation, which remains prosecutable under state law. Dane County District Attorney has historically exercised prosecutorial discretion on small personal-use cases, but Sun Prairie, Fitchburg, Middleton, Verona, Stoughton, and Monona follow state enforcement. Hemp cultivation under Wis. Stat. §94.55 with <0.3% THC is legal with DATCP license. CBD products meeting hemp standards are legal retail.