What Are the Penalties for Marijuana Possession in Wisconsin?

 Posted on January 25, 2026 in Drug Charges

Many states allow the medical use of marijuana, and some states have even taken steps to decriminalize or legalize the drug entirely. However, marijuana continues to be illegal in Wisconsin. Anyone who is accused of possessing weed, including those who traveled to nearby states such as Illinois or Michigan to buy it, may face criminal charges.

If you have been arrested and charged with marijuana possession in 2026, you need a Waukesha drug crimes defense attorney.

What Is Considered Marijuana Possession in Wisconsin?

Under Wisconsin law 961.41, marijuana is classified as a Schedule I controlled substance. Possession of marijuana is defined as having any amount of the drug on your person or in your control.

This means that if a joint or small amount of marijuana was found on you, in your home, or in your vehicle, you can be charged with possession. If you are accused of possessing large amounts of marijuana, you could be charged with possession with intent to manufacture, distribute, or deliver. There are increased penalties for this.

Consequences for Simple Marijuana Possession in Wisconsin

If you are charged with "simple" possession or attempt to possess a small amount of marijuana, you may be fined up to $1,000 or sentenced to a maximum of six months in prison for a first offense.

A second or subsequent offense may result in Class I felony charges, and you may face a sentence of up to three years and six months in prison and a maximum fine of $10,000. These charges apply to possession of any form of marijuana, including cannabis plants or seeds, THC oils in vape cartridges or other delivery systems, or edibles.

Is Medical Marijuana Legal in Wisconsin? 

Last year, a bill was introduced by Wisconsin Senate President Mary Felzkowski to legalize medical weed. Many Wisconsinites already approve of humane cannabis laws. However, as of early 2026, even medical marijuana is still illegal in Wisconsin. This also means you can’t legally fill a prescription in another state and bring it to Wisconsin.

How Much Weed is a Felony in Wisconsin? 

If you are accused of possessing marijuana with the intent to sell it, manufacture THC products, or otherwise distribute it to others, you may face increased charges. These charges may be based on large amounts of marijuana, the possession of materials used to manufacture or package drugs, or accusations that you provided drugs to other people.

The penalties for possession of marijuana with intent to distribute will be based on the number of drugs:

• Less than 200 grams or four or fewer cannabis plants: Class I felony

• 200 to 1,000 grams or five to 20 cannabis plants: Class H felony, which may result in a sentence of up to six years and a maximum fine of $10,000

• 1,000 to 2,500 grams or 20 to 50 cannabis plants: Class G felony, which may result in a sentence of up to 10 years and a maximum fine of $25,000

• 2,500 to 10,000 grams or 51 to 200 cannabis plants:Class F felony, which may result in a sentence of up to 12 years and six months and a maximum fine of $25,000

• More than 10,000 grams or more than 200 cannabis plants: Class E felony, which may result in a sentence of up to 15 years and a maximum fine of $50,000

Marijuana possession charges may also involve the possession of drug paraphernalia. The possession of items that may be used to grow, harvest, manufacture, process, package, ingest, or inhale marijuana may result in criminal charges.

For example, lights used to grow marijuana indoors or pipes or bongs used to smoke marijuana may be drug paraphernalia. A conviction for possession of paraphernalia related to marijuana may result in a $500 fine and a sentence of up to 30 days in jail.

Is There Any Way to Get a Weed Charge Dropped in Wisconsin? 

There are several possible ways to get a marijuana charge reduced or dropped in Wisconsin, but it depends on the specific facts of your case. Getting charges dropped typically requires finding legal problems with the prosecution's case and presenting those issues to the prosecutor or judge.

An attorney who understands Wisconsin drug laws and criminal procedure can review your arrest and look for weaknesses that could lead to dropped charges.

Illegal Search/Seizure

One of the most common reasons marijuana charges get dropped is illegal search and seizure. The Fourth Amendment to the U.S. Constitution protects you from unreasonable searches, and Wisconsin law provides additional protections. If police searched your car, home, or person without a valid warrant, proper consent, or probable cause, any marijuana they found might not be allowed as evidence in court.

This is called the exclusionary rule. Without the marijuana as evidence, prosecutors often have no choice but to drop the charges. For example, if an officer pulled you over for a minor traffic violation and then searched your vehicle without your permission and without a legitimate reason, that search could be illegal.

Chain of Custody and Other Evidence Issues

Charges can also be dropped if there are problems with the chain of custody, which means the record of who handled the evidence from the moment police seized it until it reaches the courtroom. If the marijuana was not carefully stored, labeled, or tracked, the prosecution may not be able to prove the substance presented in court is actually what was taken from you.

Similarly, if the crime lab made errors testing the substance or if testing was never completed, the state cannot prove the substance was actually marijuana. Possession of marijuana is only a crime if the substance is actually THC or a THC-containing product. If the state cannot prove what the substance was through proper testing, the charges may be dropped.

Diversion Programs and Plea Deals

Another possibility is entering a diversion program or negotiating a plea deal that results in dismissal. Some Wisconsin counties offer first-time offenders the chance to complete community service, drug education classes, or treatment programs in exchange for having charges dropped.

While this is not technically the same as having charges dropped immediately, it achieves the same result if you successfully complete the program. Your attorney can negotiate with the prosecutor to explore these options and determine whether you qualify based on your criminal history and the circumstances of your arrest.

Contact Our Waukesha Marijuana Possession Defense Attorneys

A conviction on charges related to marijuana possession can result in a number of penalties, and it can also have a lasting negative impact on your life. If you have been arrested and charged with possession of marijuana, possession with intent to distribute, or possession of drug paraphernalia, Bucher, Wolff & Sonderhouse, LLP can help you determine your legal options. Our New Berlin drug possession lawyers can help you build a successful defense strategy, and we will work to help you avoid a conviction if at all possible. To set up a free consultation, call our office at 262-232-6699.