Wisconsin Cannabis & Substances Laws (2026)
A comprehensive legal reference for cannabis & substances in the state of Wisconsin. This guide covers current statutes, penalties, and restrictions for 7 different categories.
CBD Products
LEGALWisconsin allows hemp-derived CBD products with less than 0.3% THC under Wis. Stat. § 94.55. The Wisconsin Department of Agriculture, Trade and Consumer Protection regulates hemp and CBD products, requiring testing and registration.
Possession
Legal to possess hemp-derived CBD with less than 0.3% THC.
Sale
Sale is legal if products meet state testing and registration requirements.
Penalties
N/A
Age Restriction
18+ to purchase CBD products.
Delta-8 THC
RESTRICTEDWisconsin permits hemp-derived cannabinoids including Delta-8 THC under Wis. Stat. § 94.55, but products must contain less than 0.3% Delta-9 THC. The Wisconsin Department of Agriculture regulates hemp products and requires testing.
Possession
Legal if Delta-9 THC is below 0.3%.
Retail Sale
Sale allowed with compliance to state hemp regulations and testing.
Penalties
Penalties include fines and possible misdemeanor charges for violations.
Age Restriction
21+ for purchase.
Delta-9 THC Edibles
LEGALHemp-derived Delta-9 THC edibles (under 0.3% THC by dry weight) are legal in Wisconsin under the 2018 Farm Bill. In early 2026, Wisconsin lawmakers introduced a bill to legalize recreational cannabis, which also includes provisions to regulate intoxicating hemp products.
Possession
Legal under 0.3% THC by dry weight
Retail Sale
Legal at retail and online
Penalties
Products exceeding 0.3% THC are treated as marijuana.
Age Restriction
21+ in most jurisdictions
Kratom
ILLEGALKratom is illegal in Wisconsin and classified as a Schedule I controlled substance. Possession or sale can result in felony charges.
Possession
Illegal to possess kratom
Sale
Illegal to sell kratom
Penalties
Felony charges with strict enforcement
Age Restriction
None
Psilocybin / Magic Mushrooms
ILLEGALPsilocybin mushrooms are illegal in Wisconsin under Wis. Stat. § 961.14, classified as a Schedule I controlled substance. Possession, sale, and manufacture are prohibited.
Possession
Illegal to possess any amount of psilocybin mushrooms.
Distribution
Illegal to sell or distribute psilocybin mushrooms.
Penalties
Possession is a felony punishable by up to 3.5 years imprisonment and fines up to $10,000.
Age Restriction
None (illegal for all ages).
Recreational Marijuana
ILLEGALRecreational marijuana is illegal in Wisconsin. No significant legislative changes since 2023.
Personal Possession
Illegal. First offense possession of any amount is a misdemeanor (up to 6 months jail, $1,000 fine). Second offense is a felony. No medical marijuana program (limited CBD program exists).
Retail Purchase
Illegal. Distribution is a felony. Sale within 1,000 feet of a school, park, or pool carries enhanced penalties.
Penalties
First offense: misdemeanor, up to 6 months, $1,000 fine. Second offense: Class I felony, up to 3.5 years. Distribution: felony, up to 15 years.
Age Restriction
N/A
Salvia
ILLEGALSalvia divinorum is a controlled or banned substance in Wisconsin. Wisconsin enforces its ban on Salvia.
Possession
Illegal. Salvia divinorum is classified as a controlled substance in Wisconsin. Possession is a criminal offense.
Sale
Illegal. Sale and distribution of salvia is prohibited in Wisconsin.
Penalties
Misdemeanor or felony charges depending on state classification.
Age Restriction
N/A