Madison, WI Cannabis Regulations: Personal Cultivation Limits (2026)
Key Facts
- State law
- Felony cultivation
- Madison possession
- $1 civil ord.
- CBD exception
- No grow rights
- Statute
- Wis. Stat. §961.41
Summary
Wisconsin has not legalized recreational or full medical cannabis, so personal cultivation remains a felony under Wis. Stat. §961.41(1)(h), regardless of Madison's $1 possession decriminalization under Ord. 23.20.
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
Although Madison General Ordinance 23.20 makes possession of small amounts a $1 civil forfeiture, that local rule does not override state criminal law. Wis. Stat. §961.41(1)(h) makes manufacturing or cultivating any quantity of marijuana a Class I felony for first offenses, escalating with plant count. The state's narrow CBD-oil exception under Wis. Stat. §961.32(2m) does not authorize home cultivation. Federal law also bars growing. Dane County prosecutors can decline minor cases but routinely charge cultivation. Madison Police generally do not investigate small possession but will refer cultivation cases to state authorities, especially where plant counts suggest distribution.
Violations & Fines
Home cultivation of any amount remains a state Class I felony with up to 3.5 years prison and $10,000 fines, escalating to Class H for larger plant counts under Wis. Stat. §961.41.
Frequently Asked Questions
Can I grow a single plant in Madison?
Does the CBD law let me grow hemp at home?
Sources & Official References
Other rules in Madison
Compare Madison to another location·View the Wisconsin cannabis regulations overview
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