Cannabis & Marijuana Rental Rules in Wisconsin 2026
Landlord ban authority, possession and home-grow limits, medical patient housing rules, and federal Section 8 restrictions in Wisconsin.
Wisconsin is one of the few states where cannabis remains fully illegal in 2026. There is no recreational market and no functional medical program, marijuana is a Schedule I controlled substance under Wis. Stat. § 961.14, and possession is a crime. For landlords, that simplifies almost everything: because tenant cannabis use is not a protected activity under any Wisconsin statute, you can prohibit possession, use, smoking, and cultivation outright, and enforce that prohibition as both a lease violation and illegal drug activity.
The one wrinkle is local: a handful of cities have reduced their own possession fines to token amounts. Those ordinances do not legalize anything under state or federal law, and they do not strip a landlord of the power to say no. This page lays out where your authority comes from and how to write and enforce clauses that hold up.
Wisconsin Cannabis Legal Status
Wisconsin is classified as Low-THC / CBD Only (effective 2014). The governing statute is Wis. Stat. § 961.32 (Lydia's Law, 2014).
Landlord Authority in Wisconsin
CBD without THC for seizure disorders only. Recreational marijuana illegal; some local decriminalization (Madison, Milwaukee).
Cannabis is illegal statewide - there is no protected use
As of 2026, Wisconsin has not legalized cannabis for either recreational or medical use. Marijuana sits on Schedule I under Wis. Stat. § 961.14, and possession is criminalized by Wis. Stat. § 961.41(3g)(e): a first offense is a misdemeanor carrying up to 6 months in jail and a $1,000 fine, and a second or subsequent offense becomes a Class I felony punishable by up to 3.5 years and a $10,000 fine.
A narrow 2014 law permits non-psychoactive CBD oil, but there are no dispensaries, no patient registry, and no legal in-state way to obtain medical cannabis. Senate Bill 1045, an adult-use legalization measure introduced in February 2026, failed in the Senate the following month. The practical takeaway: no Wisconsin statute grants tenants any right to use cannabis, and there is no state medical-accommodation duty for landlords to weigh. Your authority to ban it is close to absolute.
Your authority to ban use, smoking, and cultivation
Because cannabis use is an illegal act in Wisconsin, a landlord may prohibit it three ways at once, and all three are enforceable:
- As illegal drug activity. Possession, use, and manufacture are crimes. A clause barring illegal activity on the premises reaches cannabis without any special drafting.
- As a smoking policy. You may make a unit or the entire property smoke-free by lease. A smoking ban covers marijuana smoke, vapor, tobacco, and e-cigarettes alike, and rests on odor, secondhand-smoke, and fire concerns rather than the drug question, the safest footing of all.
- As a cultivation ban. Home growing is a felony statewide under Wis. Stat. § 961.41(1)(h) regardless of any local possession ordinance. A no-cultivation clause also protects you from the moisture, mold, and electrical hazards that indoor grows create.
Separately, Wisconsin's Clean Indoor Air Act (Wis. Stat. § 101.123) already bans smoking in the enclosed common areas of multi-unit buildings, lobbies, hallways, laundry rooms, independent of your lease. It does not by itself reach inside private units, so if you want unit-level restrictions you must write them into the lease.
Local ordinances do not override your lease
Several Wisconsin cities have softened local penalties. Madison, in November 2020, permits people 18 and older to possess and use up to 28 grams and cut its citation fine to about $1, but notably, only with the permission of the property owner, landlord, or tenant. Milwaukee County reduced its fine for up to roughly 25 grams to about $1 as well.
Two points matter for landlords. First, these ordinances change only the local municipal fine; state charges under § 961.41 and federal charges remain fully available, so nothing is actually "legal." Second, Madison's ordinance expressly ties permitted use to the property owner's consent. In other words, the local rule hands the decision to you: your lease terms control whether cannabis is allowed on your premises, and a no-cannabis clause is what withholds that permission.
Federally assisted housing: Section 8 and public housing
If you accept Housing Choice Vouchers (Section 8) or operate public or project-based housing, federal law is stricter than anything in Wisconsin. Marijuana remains Schedule I under the federal Controlled Substances Act (21 U.S.C. §§ 811–812), and HUD guidance bars admission of current marijuana users to federally assisted housing. Public housing authorities must deny admission to current users and retain discretion to terminate assistance for use on the premises.
Because Wisconsin has no medical program, there is no state medical-cannabis defense a subsidized tenant could raise, the federal prohibition and the state prohibition point the same direction. Landlords in the private, unsubsidized market are not bound by the HUD admission rule, but they gain the same enforcement leverage from Wisconsin's own criminal statutes.
Enforcing a violation
When a tenant violates a no-cannabis or no-smoking clause, Wisconsin treats it as a lease breach. Under Wis. Stat. § 704.17, a landlord may serve a 5-day notice giving the tenant the option to cure the violation or vacate; for a second breach of the same kind within one year, you may serve a 14-day notice to vacate with no right to cure. Document the violation, odor complaints, photos, paraphernalia, police reports, before serving notice, and apply your policy consistently across all tenants to avoid a discrimination claim. Where the conduct also involves illegal drug activity, that provides an independent for-cause ground.
Medical Patient Housing Rules in Wisconsin
Medical cannabis patients in Wisconsin may be treated identically to recreational users by landlords. There is no state-law anti-discrimination requirement; the federal Schedule I framework controls. Some local jurisdictions may have ordinances providing limited protection, check the city or county where the rental unit is located.
Section 8 / HCV in Wisconsin, The Federal Trap
The practical impact: a tenant holding a Housing Choice Voucher who tests positive for cannabis or self-discloses use during recertification can lose their voucher in Wisconsin, regardless of any state cannabis legalization or medical card status. This is the single most common point of confusion for tenants in adult-use states.
Cannabis Rental Compliance in Major Wisconsin Cities
City-level landlord risk profiles often track cannabis-related lease enforcement. View the eviction-risk and tenant-law profile for the largest Wisconsin rental markets:
Sources & Methodology
- Federal: 21 U.S.C. § 812 (Controlled Substances Act, Schedule I); HUD Public Housing Occupancy Notice PIH 2014-21 (re-issued PIH 2017-13); Sessions Memorandum (Jan 4, 2018).
- Wisconsin cannabis statute: Wis. Stat. § 961.32 (Lydia's Law, 2014).
- Landlord ban authority: CBD without THC for seizure disorders only. Recreational marijuana illegal; some local decriminalization (Madison, Milwaukee).
- Medical patient housing protection: Coded "No" for Wisconsin based on the cited statute.
Related Guides for Wisconsin Landlords
This page reflects Wisconsin controlled-substance and landlord-tenant law in effect as of 2026, drawn from the Wisconsin Statutes (chs. 961 and 704, and sec. 101.123), HUD guidance on marijuana in federally assisted housing, and the federal Controlled Substances Act. It is general information for rental-property owners and managers, not legal advice; local ordinances and enforcement practices vary by municipality. Confirm current statutory citations and any pending legalization measures, and consult a Wisconsin landlord-tenant attorney before drafting or enforcing lease clauses or serving eviction notices.
Frequently Asked Questions
Is marijuana legal in Wisconsin in 2026?
No. Wisconsin has not legalized cannabis for recreational or medical use. It is a Schedule I controlled substance under Wis. Stat. sec. 961.14, and possession is a crime under sec. 961.41(3g)(e) - up to 6 months in jail and a $1,000 fine for a first offense.
Can a Wisconsin landlord ban marijuana in the lease?
Yes, without limitation. Because cannabis use is illegal statewide and not protected by any Wisconsin statute, a landlord can prohibit possession, use, smoking, and cultivation. You can enforce it as a smoking-policy breach, an illegal-activity breach, or both.
Do Madison's or Milwaukee's ordinances stop a landlord from banning cannabis?
No. Those ordinances only reduce the local municipal fine (to about $1) and do not make cannabis legal - state and federal charges still apply. Madison's ordinance even conditions permitted use on the landlord's permission, so your lease controls whether it is allowed on your property.
Is there a medical marijuana exception a Wisconsin tenant can claim?
No. Wisconsin has no operating medical cannabis program - only a narrow 2014 CBD-oil law with no dispensaries or patient registry. There is no state medical-accommodation duty, so a tenant cannot invoke medical use to override a no-cannabis clause.
What are the rules for Section 8 and public housing tenants?
Federal law is stricter than state law. Marijuana is Schedule I under the federal Controlled Substances Act, and HUD guidance requires public housing authorities to deny admission to current marijuana users to federally assisted housing, with discretion to terminate for use. Wisconsin's own prohibition points the same way.
How does a landlord evict for a cannabis lease violation?
Treat it as a lease breach under Wis. Stat. sec. 704.17: serve a 5-day notice to cure or vacate for a first violation, or a 14-day notice to vacate (no cure) for a repeat violation of the same kind within one year. Document the violation first and enforce your policy consistently.
Federal authority: 21 U.S.C. § 812; HUD PIH 2014-21. State authority: Wis. Stat. § 961.32 (Lydia's Law, 2014). Last updated October 24, 2026. For informational purposes only, not legal advice. Cannabis law is rapidly evolving and federal/state conflict creates significant compliance risk; consult a licensed Wisconsin attorney before making a lease, screening, or eviction decision involving cannabis.