Wisconsin Home Cultivation (2026)

Key Facts

Statute: Wis. Stat. 961.41
Schedule: Schedule I controlled substance
Plants 4 or fewer: Class I felony
Medical program: None

Full Breakdown

Wis. Stat. chapter 961 classifies marijuana as a Schedule I controlled substance. Section 961.41(1)(h) makes manufacturing or delivering THC, including cultivation, a Class I felony for 200 grams or less or up to 4 plants, escalating with quantity. Possession of any usable amount is a misdemeanor for first offense (up to 6 months jail and $1,000 fine) and a Class I felony for repeat offenses. Wisconsin has no medical marijuana program authorizing patient cultivation. CBD with under 0.3 percent THC from federally legal hemp is permitted under Wis. Stat. 94.55, but cannabis cultivation remains illegal regardless of any local ordinance.

Violations & Penalties

Cultivation of 4 or fewer plants is a Class I felony with up to 3.5 years prison and $10,000 fine. Larger grows escalate to Class H, G, F, or E felonies based on plant count.

Frequently Asked Questions

Can I grow marijuana at home in Wisconsin?

No. Cultivating any number of marijuana plants is a felony. Wisconsin has no medical or recreational program permitting home cultivation by individuals.

Can my city legalize personal grows?

No. State criminal law preempts local action. Some cities have decriminalized small possession, but cultivation remains a state felony everywhere in Wisconsin.

Is hemp cultivation different?

Yes. Industrial hemp (under 0.3 percent THC) may be grown by licensed producers under Wis. Stat. 94.55 and federal law. Marijuana cultivation remains illegal.

Wisconsin Marijuana Home Cultivation Prohibition