Wisconsin Statewide Rule

Wisconsin Cannabis Dispensary Prohibition Statewide

Heavy RestrictionsApplies statewide across Wisconsin (2026)

Key Facts

Legal dispensaries: None statewide
Sales statute: Wis. Stat. 961.41
Hemp/CBD permitted: Under 0.3% THC
Medical program: Not enacted

Last verified: September 5, 2026Source: Wisconsin State Legislature

Summary

Wisconsin has no legal recreational or medical marijuana dispensary program. State law prohibits cannabis sales, so no municipality can authorize dispensary operations through zoning ordinances.

(h) Tetrahydrocannabinols. If a 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 possessed, with intent to manufacture, distribute, or deliver, is: 961.41(1m)(h)1.1. Two hundred grams or less, or 4 or fewer plants containing tetrahydrocannabinols, the person is guilty of a Class I felony. 961.41(1m)(h)2.2. 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. 961.41(1m)(h)3.3.

Source: Wisconsin State LegislatureView official code

Full Breakdown

Because Wis. Stat. chapter 961 classifies marijuana as a Schedule I controlled substance, any sale of THC products outside the federal hemp framework is a felony under Wis. Stat. 961.41(1)(h). Wisconsin lacks both a medical marijuana program and an adult-use retail framework, so there is no legal pathway for a dispensary. Local zoning approvals cannot legalize a state-prohibited activity. Licensed CBD and hemp-derived product retailers may operate under Wis. Stat. 94.55 if products contain less than 0.3 percent delta-9 THC, subject to general retail and DATCP rules. Cross-border sales from legal states do not legalize possession in Wisconsin.

Violations & Penalties

Operating an unlicensed marijuana dispensary is a felony under Wis. Stat. 961.41 with prison terms scaling by quantity, plus asset forfeiture and federal exposure under the Controlled Substances Act.

Frequently Asked Questions

Are there any legal dispensaries in Wisconsin?

No. Wisconsin has neither a medical nor recreational marijuana program. Selling THC products outside the federal hemp framework is a state felony.

Can a city zone for a future dispensary?

Cities cannot authorize state-prohibited activities through zoning. Some have signaled openness for the future, but a dispensary cannot legally open under current state law.

What about CBD stores?

Retailers selling hemp-derived CBD with under 0.3 percent delta-9 THC operate legally under Wis. Stat. 94.55 and DATCP rules, subject to standard local zoning.

Sources

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