Does Madison, WI have its own home cultivation ordinance?

No. Madison, WI does not appear to have a local home cultivation ordinance, Wisconsin state law applies instead. The rules summarized on this page come from WI Stat. 961.

Key Facts Ordinance Text Full Breakdown Violations FAQ Sources More in Madison

Madison, WI Cannabis Regulations: Home Cultivation (2026)

Heavy Restrictions

Compiled from the official code textEditor Martyn O'NeillLast verified April 2026

Key Facts

State Law: WI Stat. 961 illegal
Home Growing: Felony manufacture
Madison Possession: $1 forfeiture (MGO 23.20)
Decriminalization Year: 2020
Medical: CBD only

Summary

Home cannabis cultivation remains illegal in Wisconsin under WI Stat. 961. Madison decriminalized small-amount possession in 2020 (MGO 23.20) but this does not authorize cultivation. Growing plants remains a state criminal offense.

961.41 Prohibited acts A — penalties. 961.41(1) (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: 961.41(1)(a) (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.

Source: WI Stat. 961View official code

Full Breakdown

Wisconsin has not legalized recreational marijuana, and state law under WI Stat. 961 (Uniform Controlled Substances Act) classifies cannabis as a Schedule I controlled substance. Manufacturing, which includes cultivation, remains a felony regardless of plant count. In 2020, Madison amended MGO 23.20 to set a $1 forfeiture for possession of up to 28 grams of cannabis on private property, effectively decriminalizing small amounts within city limits. However, this local reform does not authorize home growing, and it does not preempt state prosecution by Dane County District Attorney or state authorities. Wisconsin's medical cannabis program is extremely limited, permitting only CBD oil with THC under 0.3 percent for qualifying patients under WI Stat. 961.32(2m). Industrial hemp with THC under 0.3 percent is legal under state and federal law. Residents considering cultivation should understand the significant legal risk remains at the state level.

Violations & Fines

State cultivation charges under WI Stat. 961.41 can be felonies with substantial prison time and fines, even for small plant counts.

Frequently Asked Questions

Can I grow cannabis at home in Madison?

No. Despite Madison's 2020 possession decriminalization, cultivation remains a state felony under WI Stat. 961.

Did Madison legalize marijuana?

Madison decriminalized possession of up to 28 grams on private property in 2020, but state law still prohibits cannabis and local reform doesn't preempt state prosecution.

Sources & Official References

[1]WI Stat. 961
[2]Madison MGO 23.20

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