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Milwaukee, WI Cannabis Regulations: Home Cultivation (2026)

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

Key Facts

State Law
Cannabis cultivation illegal. WI Stat. 961.41
Home Growing
Prohibited: criminal offense
Medical Program
Limited CBD oil only (Lydia's Law)
Penalty
Misdemeanor to felony depending on quantity

Summary

Cannabis cultivation for recreational or medical purposes is illegal in Wisconsin. Wisconsin has not legalized recreational marijuana and has only a very limited CBD oil program under Lydia's Law (2014 Wisconsin Act 267). Growing marijuana plants at home is a criminal offense under Wisconsin Statute 961.41. There is no local Milwaukee ordinance permitting home cultivation, and residents face criminal prosecution under state law for any cultivation activity.

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.

Source: Wisconsin Statute 961.41 — Prohibited ActsView official code

Full Breakdown

Milwaukee does not permit home cannabis cultivation under state law. Both recreational and medical marijuana growing are prohibited. Any cannabis plants found on residential property may be seized and the owner faces potential criminal penalties including fines and imprisonment. CBD hemp cultivation may have separate agricultural regulations.

Frequently Asked Questions

Can I grow marijuana at home in Milwaukee?
No. Wisconsin law prohibits all marijuana cultivation. Growing any number of cannabis plants is a criminal offense under Wisconsin Statute 961.41, regardless of the intended purpose.
Does Milwaukee have any local cannabis exceptions?
No. While Milwaukee has reduced penalties for simple possession to a civil forfeiture for small amounts, cultivation remains a criminal offense under state law with no local exceptions.

Sources & Official References

Other rules in Milwaukee

All Milwaukee rules

Compare Milwaukee to another location·View the Wisconsin cannabis regulations overview

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