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.
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.
State cultivation charges under WI Stat. 961.41 can be felonies with substantial prison time and fines, even for small plant counts.
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See how Madison's home cultivation rules stack up against other locations.
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