By Matt Spitzer | Last updated: May 2026
Wisconsin is the only state in the Midwest with no medical cannabis program of any kind. Recreational cannabis is illegal, home cultivation is a felony even for four plants or fewer, and Governor Tony Evers has proposed legalization in every biennial budget since 2019 — only to have Republican lawmakers strip the provisions every time. Wisconsin is surrounded by states with full adult-use cannabis markets: Illinois to the south, Michigan and Minnesota to the north, and a partial medical program in Iowa to the west. Hemp cultivation is legal, and Wisconsin growers have applied through the USDA federal program since 2022. What any Wisconsin resident can do right now is purchase cannabis seeds, including high-THC varieties, for collecting and to be prepared if and when Wisconsin legalizes home cultivation. Cannabis seeds are legally classified as hemp under the 2018 Farm Bill — the seed itself contains no meaningful THC regardless of what the plant would eventually produce. This post covers Wisconsin’s hemp licensing process, current cannabis law, and the ongoing legislative battle over reform.
Disclaimer: Cannabis and hemp laws change. This post reflects our best understanding of Wisconsin law as of May 2026. Always consult a licensed attorney before making any growing decisions.
Table of Contents
- The Short Version
- Can You Grow Cannabis at Home in Wisconsin?
- Hemp Is Legal to Grow in Wisconsin With a USDA License
- How to Get a USDA Hemp Producer License in Wisconsin
- What the License Requires
- What Is Changing: Wisconsin Cannabis Legislation in 2025 and 2026
- Local Decriminalization in Wisconsin
- Outdoor Growing in Wisconsin
- Penalties for Growing Without a License
- Frequently Asked Questions
The Short Version
| Home cannabis cultivation | Illegal — Class I felony for 4 plants or fewer |
| Medical cannabis program | None — only Midwest state with no program |
| Recreational cannabis | Illegal |
| Possession of any amount (first offense) | Class A misdemeanor — up to 6 months jail and $1,000 fine |
| Possession (second or subsequent offense) | Class I felony — up to 3.5 years and $10,000 fine |
| Hemp cultivation | Legal — USDA license required (state program ended Jan. 1, 2022) |
| Hemp licensing authority | USDA Domestic Hemp Production Program (HeMP platform) |
| USDA license fee | None |
| Background check required | Yes (FBI Identity History Summary) |
| Prior drug felony disqualifier | Yes — within the last 10 years |
| Seeds legal to purchase | Yes — including high-THC varieties |
| Legalization bills stripped from budget | May 8, 2025 — fifth consecutive session |
| Senate Democrats’ SB 1045 | Full adult-use bill filed February 2026, no committee vote |
Can You Grow Cannabis at Home in Wisconsin?
No. Home cultivation of cannabis is a felony in Wisconsin regardless of the amount. Unlike many states where cultivation penalties scale gradually from possession-level misdemeanors up to serious felonies for large operations, Wisconsin classifies cultivation of four plants or fewer — the personal-use range — as a Class I felony carrying up to 3.5 years in prison and $10,000 in fines. The same penalty level applies to a first possession offense of more than 200 grams.
For simple possession without any cultivation, a first offense for any amount is a Class A misdemeanor carrying up to six months in jail and a $1,000 fine. A second offense for any amount is a Class I felony — the same level as growing a few plants.
Wisconsin has no medical cannabis program that would provide any protection for patients. There is no affirmative defense for medical use, no caregiver cultivation right, and no personal use exception in state law.
Hemp Is Legal to Grow in Wisconsin With a USDA License
Hemp — cannabis with no more than 0.3% delta-9 THC by dry weight — is legal to cultivate in Wisconsin, but the state no longer issues its own hemp grower licenses. Under H.B. 385 changes that took effect January 1, 2022, the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) discontinued its hemp program for growers. All Wisconsin hemp producers have been required to apply through the USDA Domestic Hemp Production Program since that date.
DATCP continues to maintain records for growers who participated in the state’s pilot research program from 2018 through 2021, and retains the authority to request recordkeeping compliance from former licensees. But new hemp cultivation licenses for Wisconsin growers come exclusively from the USDA.
How to Get a USDA Hemp Producer License in Wisconsin
All Wisconsin hemp producer license applications are submitted through USDA’s Hemp eManagement Platform (HeMP) at hemp.ams.usda.gov.
- Create a Login.gov or USDA eAuthentication (eAuth) account at eauth.usda.gov.
- Log in to the HeMP platform and create your producer account.
- Submit a USDA Hemp Application through HeMP, providing the address and GPS coordinates of each production site, the acreage or square footage for each lot, and a description of your growing operation.
- Complete the FBI Identity History Summary (criminal background check). The FBI provides instructions through the HeMP application process. This requires fingerprinting. Applicants with a felony related to a controlled substance within the last 10 years are not eligible.
- Register your growing location with your local USDA Farm Service Agency (FSA) office and report your acreage each growing season.
- Before harvest, select a USDA-certified sampling agent from the official USDA directory to collect compliance samples, and select a DEA-registered testing laboratory to receive those samples.
The USDA does not charge a license fee. You can reach the USDA Domestic Hemp Production Program at farmbill.hemp@usda.gov or (888) 721-4367. The DATCP hemp page at datcp.wi.gov/Pages/Programs_Services/Hemp.aspx provides historical information and context on Wisconsin’s transition.
What the License Requires
Under the USDA program, Wisconsin hemp growers must meet federal compliance requirements:
Pre-harvest sampling. A USDA-certified sampling agent must collect compliance samples from your lot within 30 days of your anticipated harvest date. All results are reported through HeMP. Do not harvest before receiving your results.
FSA acreage reporting. Annual crop acreage reports must be submitted to your local USDA Farm Service Agency office.
Sampling agent and lab costs. You pay the USDA-certified sampling agent and the DEA-registered testing laboratory directly.
Annual production reporting. Reports covering acreage planted, acreage harvested, and yield are submitted through HeMP annually.
Non-compliant crops. Crops testing above 0.3% delta-9 THC must be destroyed. First negligent violations carry no criminal penalties; repeated or intentional violations can result in license revocation and federal referral.
What Is Changing: Wisconsin Cannabis Legislation in 2025 and 2026
Wisconsin has been in the same position for years — a Democratic governor pushing legalization, Republican lawmakers removing it from budget proposals, and no cannabis reform bills reaching the floor in either chamber. The 2025-2026 cycle followed the same pattern.
AB 50/SB 45 — Governor Evers’ legalization proposal (stripped from budget, May 8, 2025). For the fifth consecutive biennial budget, Governor Evers included a cannabis legalization proposal. His 2025-2027 budget projected $58.1 million in state revenue in fiscal year 2026-27 from a 15% wholesale and 10% retail excise tax on cannabis. Adults 21 and older would have been able to possess up to two ounces and cultivate up to six plants at home. Companion bills AB 50 and SB 45 detailed the regulatory framework. On May 8, 2025, the Republican-controlled Joint Finance Committee voted to strip marijuana provisions — along with roughly 600 other Evers budget items — from consideration. It was the same outcome as 2023.
GOP medical cannabis bill (fall 2025, no floor vote). Senate President Mary Felzkowski (R-Tomahawk) introduced a Republican medical cannabis bill in fall 2025 that cleared a Senate committee but did not receive a floor vote. Speaker Robin Vos (R-Rochester) has backed a state-run dispensary model for medical cannabis. Prior Senate Majority Leader Devin LeMahieu called that approach a nonstarter. The internal GOP conflict between chambers has been the primary obstacle to even limited medical reform.
SB 1045 — Senate Democrats’ full adult-use bill (February 2026). Filed February 2026, SB 1045 would legalize adult-use cannabis with a 2.5-ounce public possession limit, a 5-pound home storage cap, a 15-gram concentrate cap, and an expungement pathway for prior cannabis convictions. The bill has not been scheduled for a committee hearing.
No citizen initiative process. Wisconsin is one of 24 states without a citizen initiative process for statutes. Voters cannot place cannabis reform directly on the ballot. When Governor Evers’ 2025 budget included a proposal to create such a process, GOP lawmakers removed that provision alongside the cannabis measures.
Public opinion. A February 2025 Marquette University Law School survey found 63% of Wisconsin registered voters support adult recreational cannabis and 86% support medical cannabis legalization. Despite this, state legislative leadership has blocked reform at every turn.
Local Decriminalization in Wisconsin
Several Wisconsin cities and counties have passed local ordinances reducing penalties for small amounts of marijuana, creating a patchwork of enforcement approaches across the state. Notable examples include Milwaukee, Madison, Dane County, Eau Claire, Green Bay, Kenosha, and Appleton. Local decriminalization typically reduces possession of small amounts to a civil citation with a fine rather than a criminal charge.
However, Wisconsin state law still classifies any amount of marijuana possession as a criminal misdemeanor on a first offense. Local ordinances do not override state law — state police, county deputies, and other state-level law enforcement can still charge under state statutes regardless of local policy. Local decriminalization affects enforcement priority, not legal exposure under state law.
Outdoor Growing in Wisconsin
Wisconsin spans USDA hardiness zones 3b through 6b, with the northern counties near Lake Superior in zones 3b and 4a and the southern counties near the Illinois border reaching zones 5b and 6b. The Madison and Milwaukee areas fall in zones 5b and 6a. The outdoor growing season runs from late May through early to mid-October across most of the state, with a shorter window in the north.
Wisconsin’s warm summers and rich agricultural soils in the southern half of the state support outdoor hemp production. The state had a robust hemp pilot program from 2018 through 2021, with hundreds of licensed growers building experience with the crop.
Photoperiod hemp strains, which flower as day length shortens in late summer, typically reach maturity in late September through early October across southern and central Wisconsin. The northern counties have a compressed frost-free window that can make late-maturing photoperiod varieties risky.
Autoflowering hemp strains — finishing in 70 to 90 days regardless of light cycle — are a strong fit for Wisconsin’s growing season, particularly for growers in the northern and central parts of the state who want to hit a harvest window well before fall frosts. They also give southern Wisconsin growers more precision over their harvest timing.
If you are a licensed hemp grower looking for genetics suited to Wisconsin’s climate, our USDA zone map tool can help you identify your zone and planting window. We carry CBD seeds for outdoor production, and if you want to be ready for when Wisconsin’s laws change, you can browse our full seed catalog — including high-THC feminized varieties. The seeds themselves are legally classified as hemp and are legal to purchase and ship to Wisconsin today.
Penalties for Growing Without a License
Cannabis cultivation in Wisconsin is treated the same as sale and distribution under state law, classified by weight and plant count:
Cultivation of four plants or fewer (200 grams or less): Class I felony — up to 3.5 years in prison and a $10,000 fine. Cultivation of five to 12 plants (200 grams to 1,000 grams): Class H felony — up to six years in prison and a $10,000 fine. Cultivation of 13 to approximately 50 plants (1,000 to 2,500 grams): Class G felony — up to 10 years in prison and a $25,000 fine. Larger quantities carry escalating felony charges up to Class E felony — up to 15 years in prison and $50,000 in fines — for operations involving more than 200 plants (more than 10,000 grams).
Cultivation within 1,000 feet of a school, youth center, public park, pool, public housing project, jail, or drug treatment facility carries an additional five-year enhancement.
Growing hemp without a USDA producer license is also illegal under federal law.
Frequently Asked Questions
Is it legal to grow cannabis at home in Wisconsin?
No. Home cultivation of any number of cannabis plants is a felony in Wisconsin. Growing four plants or fewer is a Class I felony carrying up to 3.5 years in prison and a $10,000 fine. Wisconsin has no medical cannabis program and no personal use exception.
How do Wisconsin hemp growers get licensed?
Wisconsin’s state hemp program ended on January 1, 2022. All Wisconsin hemp producers must now apply through the USDA Domestic Hemp Production Program using the HeMP platform at hemp.ams.usda.gov. The USDA does not charge a license fee.
Does Wisconsin have any medical cannabis program?
No. Wisconsin has no medical cannabis program as of 2026. It is the only state in the Midwest without any form of legal cannabis access. A Republican medical cannabis bill cleared a Senate committee in fall 2025 but did not receive a floor vote. Governor Evers has proposed medical and adult-use legalization in every budget since 2019.
Why hasn’t Wisconsin legalized cannabis despite strong public support?
Republican leadership in the Wisconsin Legislature has blocked cannabis reform at every turn. The GOP-controlled Joint Finance Committee stripped legalization from Governor Evers’ budget proposals in 2019, 2021, 2023, and 2025. Wisconsin also lacks a citizen initiative process, so voters cannot put cannabis reform directly on the ballot. All reform must go through the legislature.
Are there places in Wisconsin where marijuana is decriminalized?
Several cities including Milwaukee, Madison, Green Bay, Kenosha, and others have passed local ordinances reducing penalties for small amounts. However, state law still classifies any amount of marijuana possession as a criminal misdemeanor on a first offense. Local decriminalization affects enforcement priority, not state law exposure.
Can I buy cannabis seeds in Wisconsin?
Yes. Cannabis seeds — including high-THC feminized varieties — are legal to purchase in Wisconsin. Cannabis seeds are legally classified as hemp under the 2018 Farm Bill — the seed itself contains no meaningful THC regardless of what the plant would eventually produce. Many Wisconsin residents purchase seeds now for collecting and to be ready if and when the state legalizes home cultivation. Triangle Seeds ships feminized cannabis seeds, THC seeds, and CBD seeds to Wisconsin. Browse our full catalog.
About the Author
I’m Matt, co-founder of Triangle Seeds. I’ve been growing commercially since 2013 and started Triangle Seeds in 2017 with my business partner Chase. We ship seeds nationwide. Call or text me at (919) 410-6945. Learn more about Triangle Seeds.
Sources
- Wisconsin DATCP — Hemp Program (archived)
- USDA Domestic Hemp Production Program
- Marijuana Policy Project — Wisconsin
- NORML — Wisconsin
- Cannabis Business Times — Wisconsin Budget Cannabis Provisions Stripped (May 2025)
- Marijuana Moment — Wisconsin Budget Proposal (February 2025)
- Cafferty & Scheidegger — Wisconsin Weed Laws 2026
