Milwaukee, WI Cannabis Regulations: Home Cultivation (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.
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?
Does Milwaukee have any local cannabis exceptions?
Sources & Official References
Other rules in Milwaukee
Compare Milwaukee to another location·View the Wisconsin cannabis regulations overview
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