Data as of 2026-06-07

Wisconsin

Wisconsin has not legalized cannabis in any form for the commercial market. THC is a Schedule I controlled substance under Wis. Stat. § 961.14(4)(t), and the state has enacted no adult-use or comprehensive medical-cannabis law. The only statutory carve-out is 2017 Wisconsin Act 4, which permits possession of non-psychoactive cannabidiol with a physician certification under § 961.32(2m); it creates no licensed cultivation, dispensary, product, or THC program. There is no legal market, no licensing system, no track-and-trace, and no cannabis tax. The substance of Wisconsin's cannabis record sits in the criminal law: cultivation, sale, and possession are all prosecuted under § 961.41, with manufacture and delivery a felony at any amount and possession a misdemeanor on a first offense. Wisconsin recorded 11,592 cannabis arrests in calendar-year 2024, roughly 95 percent of them for possession, down from 19,208 in calendar-year 2018. Cannabis legalization passed in three of Wisconsin's four neighboring states — Illinois, Michigan, and Minnesota — while Wisconsin's penalties remained in place. Governor Tony Evers proposed legalization in his 2019, 2021, 2023, and 2025 biennial budgets; the Joint Finance Committee removed it each time, most recently on May 8, 2025. Wisconsin has no citizen ballot-initiative mechanism, so statutory change rests with the legislature.

Market

Licensing & Market

Wisconsin issues no cannabis cultivation or retail licenses. There is no licensing framework, no statewide license cap, no vertical-integration rule, no residency requirement, no municipal opt-in structure, no license or application fees, and no seed-to-sale tracking system, because the state operates no legal cannabis industry. Cannabis remains Schedule I under Wis. Stat. § 961.14(4)(t). The absence of every market-access figure here reflects the absence of a legal market, not a gap in reporting.

Field Value Source
Cultivator licenses awarded Not available in the public record
Cultivator licenses operational Not available in the public record
Cultivator activation rate Not available in the public record
Operating cultivators per million Not available in the public record
Retail licenses awarded Not available in the public record
Retail licenses operational Not available in the public record
Retail activation rate Not available in the public record
Dispensaries per 100k Not available in the public record
Vertical integration Not available in the public record
License caps exist Not available in the public record
Licenses transferable Not available in the public record
Residency required Not available in the public record
Residency duration (months) Not available in the public record
Municipalities allowing Not available in the public record
Municipalities total Not available in the public record
Municipal opt-in rate Not available in the public record
Track-and-trace system Not available in the public record
Cultivator application fee Not available in the public record
Cultivator annual fee Not available in the public record
Retail application fee Not available in the public record
Retail annual fee Not available in the public record
Consumers

Consumer Rules

Wisconsin permits no legal cannabis possession. Any amount of THC is criminal under Wis. Stat. § 961.41(3g)(e), so there is no possession limit, no purchase limit, and no set of legally available product forms. Home cultivation is not allowed; growing cannabis is prosecuted as manufacture of a Schedule I substance and is a felony at any amount under § 961.41(1)(h). Delivery and consumption lounges do not exist as legal categories. The one statutory allowance is 2017 Act 4, an affirmative-defense permission to possess non-psychoactive cannabidiol with a physician certification under § 961.32(2m), which produces no retail access to THC products.

Field Value Source
Home grow allowed No [5]
Home grow plant limit Not available in the public record
Possession limit (oz) Not available in the public record
Delivery legal No [6]
Delivery operational No [7]
Consumption lounges legal No [8]
Consumption lounges count Not available in the public record
Purchase limit, flower (oz) Not available in the public record
Purchase limit, concentrate (g) Not available in the public record
Purchase limit, edibles (mg) Not available in the public record
All product forms legal Not available in the public record
Restricted product forms Not available in the public record
Taxes

Taxation

Wisconsin levies no cannabis excise tax, sales tax, potency tax, or wholesale tax, and collects no cannabis tax revenue, because the state has no legal cannabis market to tax. Every fiscal field is null for that reason. The figures cannot be reported because the activity they would measure does not exist in legal form within the state.

Field Value Source
Excise tax Not available in the public record
Excise tax type Not available in the public record
Sales tax Not available in the public record
Wholesale tax Not available in the public record
Potency tax exists Not available in the public record
Potency tax, flower Not available in the public record
Potency tax, concentrate Not available in the public record
Potency tax, edibles Not available in the public record
Local tax (max) Not available in the public record
Local tax (typical) Not available in the public record
Total effective rate Not available in the public record
Medical tax exempt Not available in the public record
Medical tax rate Not available in the public record
Annual tax revenue Not available in the public record
Tax revenue per capita Not available in the public record
Tax changed since legalization Not available in the public record
Tax direction Not available in the public record
Operators

Operator Data

Wisconsin has no licensed cannabis operators, no legal sales, no published prices, and no license counts. There are no operator outcomes to report. Any in-state cannabis pricing would belong to the unregulated market and is not a public-record data source. The nulls in this section reflect the absence of a legal industry, not unreported figures.

Field Value Source
Wholesale flower ($/lb) Not available in the public record
Wholesale flower period Not available in the public record
Wholesale trend Not available in the public record
Wholesale price compression Not available in the public record
Retail flower ($/oz) Not available in the public record
Operator margin Not available in the public record
Total market sales Not available in the public record
Adult-use sales Not available in the public record
Per-capita sales Not available in the public record
YoY sales growth Not available in the public record
License attrition (count) Not available in the public record
License attrition Not available in the public record
Peak cultivation licenses Not available in the public record
Current cultivation licenses Not available in the public record
Outcomes

Consumer Data

Wisconsin has no legal cannabis market, so there are no per-capita legal sales, no operating dispensaries, and no published retail price trend. No primary in-state estimate of legal-market capture exists, because there is no licensed channel against which to measure it. Cannabis consumed in Wisconsin moves through the unregulated market or is purchased legally across state lines in Illinois, Michigan, and Minnesota; the scale of that cross-border purchasing is not quantified in any Wisconsin public record.

Field Value Source
Per-capita sales Not available in the public record
Dispensaries per 100k Not available in the public record
Legal market capture Not available in the public record
Legal capture source Not available in the public record
Retail price trend Not available in the public record
Equity

Equity Programs

Wisconsin operates no cannabis equity program and no cannabis reinvestment fund, because it has no legal cannabis program. There is no marijuana-specific expungement or automatic record-clearing mechanism; general expungement under Wis. Stat. § 973.015 is narrow, decided at sentencing, historically limited to offenses committed before age 25, and is not a cannabis-conviction relief program. No equity-designated licenses, ownership-demographic figures, or fund disbursements exist to report.

Field Value Source
Equity program exists No [9]
Equity program type Not available in the public record
Equity licenses awarded Not available in the public record
Equity licenses operational Not available in the public record
Equity activation rate Not available in the public record
Equity fund exists No [10]
Equity fund size Not available in the public record
Equity fund disbursed Not available in the public record
Equity fund disbursement rate Not available in the public record
Minority ownership Not available in the public record
Women ownership Not available in the public record
Community reinvestment Not available in the public record
Expungement exists No [11]
Expungement automatic Not available in the public record
Expungements processed Not available in the public record
Income cap for equity Not available in the public record
Enforcement

Enforcement

Wisconsin has no cannabis regulatory agency, regulatory budget, inspection regime, testing program, or licensee-enforcement system, because there are no licensees. Enforcement against cannabis is ordinary criminal law enforcement carried out through arrest and prosecution under Wis. Stat. § 961.41, not regulatory action. This section is therefore NOT_AVAILABLE for the regulatory metrics it would otherwise carry — not because enforcement does not occur, but because the regulatory apparatus those figures describe does not exist in a prohibition state.

Field Value Source
Track-and-trace system Not available in the public record
Inspections per year Not available in the public record
Enforcement actions (licensees) Not available in the public record
Unlicensed-market enforcement actions Not available in the public record
Regulatory budget Not available in the public record
Regulatory staff Not available in the public record
Mandatory testing analytes Not available in the public record
Testing cost per batch Not available in the public record
Product recalls per year Not available in the public record
Fine schedule (min) Not available in the public record
Fine schedule (max) Not available in the public record
Criminal Law

Penalties & Criminal Law

Cannabis is fully criminalized in Wisconsin. Cultivation, sale, delivery, and possession-with-intent are all charged under Wis. Stat. § 961.41(1)(h) as manufacture or distribution of THC, a felony at any amount graded by plant count or weight: 200 grams or fewer, or 4 plants or fewer, is a Class I felony carrying up to 3 years 6 months and a fine up to $10,000; the top tier — more than 10,000 grams, or more than 200 plants — is a Class E felony carrying up to 15 years and a fine up to $50,000. Penalty enhancers apply for a second or subsequent drug offense under § 961.48 and for offenses near schools, parks, or jails under § 961.49. Possession is charged under § 961.41(3g)(e): a first offense is a misdemeanor carrying up to a $1,000 fine and up to 6 months in jail, and a second or subsequent conviction is a Class I felony carrying up to 3 years 6 months and a fine up to $10,000. There is no weight threshold for possession; the felony trigger is the prior conviction, not the amount. Wisconsin sets a per se limit of 1 nanogram per milliliter of delta-9-THC in blood for impaired driving under § 340.01(50m)(e), excluding precursors and metabolites, paired with the operating prohibition in § 346.63(1)(am) — a numeric per se limit rather than an any-detectable-amount rule. The state's marijuana penalties under § 961.41 have been materially unchanged for decades; the recorded direction is unchanged. Wisconsin recorded 11,592 cannabis arrests in calendar-year 2024, about 95 percent for possession, down from 19,208 in calendar-year 2018, though part of the apparent decline reflects the FBI's 2021 transition to NIBRS, when many Wisconsin agencies stopped reporting and the totals undercount actual arrests. The ACLU, using 2018 FBI data, reports that a Black person in Wisconsin is 4.2 times more likely than a white person to be arrested for cannabis possession. Wisconsin has no marijuana-specific expungement program.

Field Value Source
Max penalty, unlicensed cultivation Cultivation is prosecuted as 'manufacture' of THC, a Schedule I controlled substance, under Wis. Stat. § 961.41(1)(h). It is a felony at ANY amount, graded by plant count or weight (statute uses 'more than X but not more than Y' boundaries — the top of each tier is inclusive): 200 g or less, or 4 or fewer plants = Class I felony (≤3 yr 6 mo, ≤$10,000); more than 200 g to 1,000 g, or more than 4 to 20 plants = Class H felony (≤6 yr, ≤$10,000); more than 1,000 g to 2,500 g, or more than 20 to 50 plants = Class G felony (≤10 yr, ≤$25,000); more than 2,500 g to 10,000 g, or more than 50 to 200 plants = Class F felony (≤12 yr 6 mo, ≤$25,000); more than 10,000 g, or more than 200 plants = Class E felony (≤15 yr, ≤$50,000). Maximum is the Class E felony: up to 15 years and $50,000. Penalty enhancers apply for a second/subsequent drug offense (§ 961.48) and for distribution near schools, parks, or jails (§ 961.49). [12]
Max penalty, unlicensed sale Distribution, delivery, or possession-with-intent is charged under the same statute as manufacture — Wis. Stat. § 961.41(1)(h) — and is a felony at any amount, graded by weight (statute uses 'more than X but not more than Y' boundaries): 200 g or less = Class I felony (≤3 yr 6 mo, ≤$10,000); more than 200 g to 1,000 g = Class H felony (≤6 yr, ≤$10,000); more than 1,000 g to 2,500 g = Class G felony (≤10 yr, ≤$25,000); more than 2,500 g to 10,000 g = Class F felony (≤12 yr 6 mo, ≤$25,000); more than 10,000 g = Class E felony (≤15 yr, ≤$50,000). Maximum is the Class E felony: up to 15 years and $50,000. The § 961.48 repeat-offense enhancer can add up to 6 years to a felony term, and § 961.49 adds penalties for delivery near protected places. [13]
Felony threshold (grams) Not available in the public record
Felony threshold type Not available in the public record
Penalty, possession over limit Wisconsin allows NO legal possession; any possession of THC is criminal under Wis. Stat. § 961.41(3g)(e). A first offense is a misdemeanor: up to $1,000 fine and/or up to 6 months in jail. A second or subsequent conviction (any prior controlled-substance offense counts) is a Class I felony: up to 3 years 6 months imprisonment and/or up to $10,000. There is no weight threshold for possession — the felony trigger is the repeat offense, not the amount. [14]
Penalty, public consumption Not available in the public record
DUI per se limit (ng) 1 [15]
DUI zero tolerance No [16]
Penalties increased post-legalization Not available in the public record
Penalty direction unchanged [17]
Penalty direction details Wisconsin's state marijuana criminal penalties (Wis. Stat. § 961.41) have been materially unchanged for decades; cannabis remains Schedule I (§ 961.14(4)(t)). Cross-currents exist but do not alter state law: Gov. Tony Evers proposed full legalization (medical + adult-use + home grow) in his 2019, 2021, 2023, and 2025 biennial budgets, and the Republican-controlled Joint Finance Committee stripped it each time (most recently on May 8, 2025, from 2025 AB50/SB45). A GOP medical-only bill (Sen. Felzkowski) cleared a Senate committee in fall 2025 but got no floor vote. Several municipalities (Milwaukee, Madison, Monona, and Dane County) have decriminalized small-amount possession by local ordinance, but state law still applies and county sheriffs/state charges can supersede. Separately, 2025 legislative efforts targeted hemp-derived delta-8/THC products with new restrictions — a tightening on intoxicating hemp, not on marijuana itself. [18]
Post-legalization arrests (annual) 11592 [19]
Racial disparity ratio 4.2 [20]
Expungement exists No [11]
Expungement automatic Not available in the public record

Sources

  1. U.S. Census Bureau, Vintage 2024 Population Estimates (NST-EST2024-POP), state of Wisconsin https://www2.census.gov/programs-surveys/popest/tables/2020-2024/state/totals/NST-EST2024-POP.xlsx
  2. USPS / U.S. Census Bureau standard two-letter abbreviation for Wisconsin https://www.census.gov/library/reference/code-lists/ansi.html
  3. Dashboard compilation date 2026-06-07. Underlying vintages: Census V2024 population (July 1, 2024); FBI UCR/NIBRS marijuana arrests through CY2024 (via NORML); ACLU 'A Tale of Two Countries' racial-disparity data (2018 FBI data); Wisconsin Statutes current through the 2025 legislative session (including the May 8, 2025 Joint Finance Committee budget action).
  4. U.S. Census Bureau Vintage 2024 Population Estimates — Wisconsin July 1, 2024 = 5,960,975 (NST-EST2024-POP). Cross-checked against USAFacts (≈5.95M for 2024) https://www2.census.gov/programs-surveys/popest/tables/2020-2024/state/totals/NST-EST2024-POP.xlsx
  5. No home cultivation allowance exists; growing cannabis is 'manufacture' of a Schedule I substance and is a felony at any amount under Wis. Stat. § 961.41(1)(h). )(h) https://docs.legis.wisconsin.gov/document/statutes/961.41(1
  6. No legal cannabis market exists; THC is Schedule I (Wis. Stat. § 961.14(4)(t)) and delivery is a felony under § 961.41(1)(h). No licensed delivery framework exists. )(h) https://docs.legis.wisconsin.gov/document/statutes/961.41(1
  7. No licensed cannabis delivery operates in Wisconsin; cannabis is fully prohibited (Wis. Stat. § 961.14; § 961.41). )(h) https://docs.legis.wisconsin.gov/document/statutes/961.41(1
  8. No consumption-venue category exists; all cannabis possession and use is criminal under Wis. Stat. § 961.41(3g)(e). )(e) https://docs.legis.wisconsin.gov/document/statutes/961.41(3g
  9. Wisconsin operates no legal cannabis program and therefore no social-equity licensing program (THC is Schedule I, Wis. Stat. § 961.14) https://docs.legis.wisconsin.gov/document/statutes/961.14
  10. No cannabis equity or reinvestment fund exists; Wisconsin collects no cannabis tax revenue (fully prohibited, Wis. Stat. § 961.14) https://docs.legis.wisconsin.gov/document/statutes/961.14
  11. Wisconsin has no marijuana-specific expungement or automatic record-clearing program. General expungement under Wis. Stat. § 973.015 is narrow, petition/sentencing-based, and historically limited to offenses committed before age 25 and decided by the sentencing court at the time of sentencing — it is not a cannabis-conviction relief program https://docs.legis.wisconsin.gov/document/statutes/973.015
  12. Wis. Stat. § 961.41(1)(h) (manufacture/cultivation of THC — felony tiers by plant count or weight: ≤4 plants/≤200 g = Class I; 5–20/200–1,000 g = Class H; 21–50/1,000–2,500 g = Class G; 51–200/2,500–10,000 g = Class F; >200 plants/>10,000 g = Class E) combined with felony-class penalties in § 939.50(3) (Class I ≤3 yr 6 mo/$10,000; Class H ≤6 yr/$10,000; Class G ≤10 yr/$25,000; Class F ≤12 yr 6 mo/$25,000; Class E ≤15 yr/$50,000); enhancers § 961.48 (repeat) and § 961.49 (protected places). )(h) https://docs.legis.wisconsin.gov/document/statutes/961.41(1
  13. Wis. Stat. § 961.41(1)(h) (distribute/deliver/possess-with-intent THC, same weight tiers as manufacture; max = Class E felony for >10,000 g) with § 939.50(3) penalties (Class E ≤15 yr/$50,000) and the § 961.48 repeat-offense enhancer. )(h) https://docs.legis.wisconsin.gov/document/statutes/961.41(1
  14. Wis. Stat. § 961.41(3g)(e) — possession of THC: first offense misdemeanor (≤$1,000 and/or ≤6 months); second or subsequent conviction is a Class I felony (§ 939.50(3)(i): ≤3 yr 6 mo and/or ≤$10,000). No weight threshold; the felony trigger is a prior controlled-substance conviction. )(e) https://docs.legis.wisconsin.gov/document/statutes/961.41(3g
  15. Wis. Stat. § 340.01(50m)(e) defines a 'restricted controlled substance' to include 'Delta-9-tetrahydrocannabinol, excluding its precursors or metabolites, at a concentration of one or more nanograms per milliliter of a person's blood'; Wis. Stat. § 346.63(1)(am) makes it unlawful to operate a vehicle with any restricted controlled substance in the blood. The per se limit for delta-9-THC is therefore 1 ng/mL. )(e) https://docs.legis.wisconsin.gov/document/statutes/340.01(50m
  16. Wisconsin is NOT a pure zero-tolerance state for THC: Wis. Stat. § 340.01(50m)(e) sets a numeric 1 ng/mL delta-9-THC per se threshold and explicitly EXCLUDES THC precursors and metabolites (e.g., inactive carboxy-THC). A driver is not per se in violation merely for any detectable cannabis metabolite. )(e) https://docs.legis.wisconsin.gov/document/statutes/340.01(50m
  17. Wisconsin's marijuana criminal penalties (Wis. Stat. § 961.41) are materially unchanged for decades and THC remains Schedule I (§ 961.14(4)(t)); no statutory loosening or tightening of marijuana penalties has been enacted https://docs.legis.wisconsin.gov/document/statutes/961.41
  18. [SECONDARY] Marijuana Moment, 'GOP-Led Wisconsin Committee Cuts Governor's Marijuana Legalization Proposal From Budget' (May 2025) — documents the Joint Finance Committee's May 8, 2025 removal of legalization from Gov. Evers' 2025–27 budget (2025 AB50/SB45), the fourth consecutive budget (2019/2021/2023/2025) in which legalization was stripped, plus municipal decriminalization context. Underlying primary: Wis. Stat. § 961.41 (unchanged marijuana penalties) https://www.marijuanamoment.net/gop-led-wisconsin-committee-cuts-governors-marijuana-legalization-proposal-from-budget/
  19. [SECONDARY] NORML Wisconsin marijuana arrests library — CY2024 total marijuana arrests = 11,592 (10,978 possession + 614 sales), compiled from FBI UCR/NIBRS data. Wisconsin has never legalized, so this is the current annual cannabis-arrest figure, not a post-legalization figure. NORML notes WI NIBRS data is incomplete and undercounts actual arrests (agency participation 50–96% by year) https://norml.org/marijuana/library/state-marijuana-arrests/wisconsin-marijuana-arrests/
  20. [SECONDARY] ACLU, 'A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform' (2020), using 2018 FBI/UCR data — a Black person in Wisconsin is 4.2 times more likely than a white person to be arrested for marijuana possession (Wisconsin ranks 14th nationally). ACLU of Wisconsin's 2025 update reports the statewide disparity has since grown to more than 5x; the 4.2 figure is retained here for cross-state methodological consistency https://www.aclu.org/wp-content/uploads/publications/marijuanareport_03232021.pdf
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