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Milwaukee, WI Cannabis Regulations: Personal Cultivation Limits (2026)

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

Key Facts

State rule
Wis. Stat. §961.41(1h)
Local deprioritization
MCO Ch. 106-35
Civil forfeiture amount
$1 possession only
Cultivation legal?
No

Summary

Wisconsin has not legalized recreational or full medical cannabis; home cultivation remains a felony under Wis. Stat. §961.41(1h). Milwaukee's local deprioritization (MCO Ch. 106-35) does not authorize cultivation.

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. (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 Statutes Ch. 961View official code

Full Breakdown

Wisconsin has not enacted recreational or full medical cannabis legalization. Home cultivation of any quantity of marijuana plants remains a Schedule I controlled-substance violation under Wis. Stat. §961.41(1h), prosecutable by the state regardless of local sentiment. Milwaukee's deprioritization ordinance (Milwaukee Code Ch. 106-35), which sets a $1 civil forfeiture for possession of small amounts of marijuana within city limits, applies only to municipal possession enforcement, not to cultivation, distribution, or state criminal prosecution. Milwaukee County District Attorney charging policies have generally declined to prosecute small-amount possession, but cultivation prosecutions remain active. Wisconsin's narrow CBD exemption under Wis. Stat. §961.32(2m) covers only specific medical CBD use.

Violations & Fines

State cultivation charges range from Class I felony (small plant counts) to higher felonies for larger grows. Milwaukee's $1 civil forfeiture does not apply to cultivation; state law controls.

Frequently Asked Questions

Can I grow cannabis at home in Milwaukee?
No. Wisconsin has not legalized cannabis. Home cultivation is a felony under Wis. Stat. §961.41(1h), and Milwaukee's $1 forfeiture only applies to small possession.
Does the $1 ordinance protect cultivators?
No. MCO Ch. 106-35 only applies to municipal possession charges. State and federal cultivation laws remain fully enforceable in Milwaukee.

Sources & Official References

Other rules in Milwaukee

All Milwaukee rules

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