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What Are the Penalties for Marijuana Possession in Wisconsin?

 Posted on March 13, 2023 in Drug Charges

Waukesha Marijuana Possession Defense Attorneys

Marijuana is increasingly viewed as a non-harmful drug, and it has also been found to have numerous medical benefits. Many states allow for the medical use of marijuana, and some states have even taken steps to decriminalize or legalize the drug entirely, allowing people to purchase and use marijuana for recreational purposes. However, marijuana continues to be illegal in Wisconsin, and anyone who is accused of possessing the drug, including those who traveled to nearby states such as Illinois or Michigan to purchase marijuana legally, may face criminal charges. If you have been arrested and charged with marijuana possession, you will need to understand the potential penalties you may face if you are convicted, as well as the defense strategies that may be available to you.

What Is Considered Marijuana Possession?

In Wisconsin, 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 your person, in your home, or in your vehicle, and you are aware of its presence, this could be considered possession. If you are accused of possessing large amounts of marijuana, you could be charged with possession with intent to manufacture, distribute, or deliver, and you may face increased penalties.

Consequences for 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. Notably, these charges may apply for possession of any form of marijuana, including cannabis plants or seeds, THC oils in vape cartridges or other delivery systems, or edibles.

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 considered to 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.

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.


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