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.
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.
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.
Madison, WI
Home cannabis cultivation remains illegal in Wisconsin under WI Stat. 961. Madison decriminalized small-amount possession in 2020 (MGO 23.20) but this does n...
Madison, WI
Wisconsin does not permit recreational or full medical cannabis dispensaries. Only limited CBD oil under WI Stat. 961.32(2m) is available through physicians....
See how Madison's personal cultivation limits rules stack up against other locations.
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