Fewer WI Disorderly Conduct and Marijuana Charges in 2025?

 Posted on January 08, 2025 in Criminal Defense

A Wisconsin proposal that has formerly been rejected multiple times has been reintroduced. This proposal, if passed, could decrease criminal charges across the state. The public defender’s office proposes amending state laws to do away with state criminal charges for the possession of marijuana and limit the definition of criminal disorderly conduct.

In 2023, disorderly conduct charges were filed more frequently than any other criminal charge (27,500 cases).  A lobbyist claims the charge of disorderly conduct is a "catch-all," often used when how to charge a criminal offense is not clear. Currently, disorderly conduct in the state includes any type of "indecent, profane, boisterous, or unreasonably loud" behavior.

The new proposal would allow disorderly conduct and marijuana possession to be filed as civil offenses rather than criminal offenses. Some believe these changes will reduce caseloads and save the public defender’s office a considerable amount of time and money.

One issue of possible concern is that those charged with civil violations are not entitled to a public defender if they cannot afford a lawyer. Opponents of this proposal believe making disorderly conduct a civil violation would make it more difficult to charge perpetrators of domestic violence with disorderly conduct charges.

Since these changes are currently only a proposal and have not yet been made, those who are charged with possession of marijuana or disorderly conduct should seek legal assistance. Having an Ozaukee County, WI criminal defense attorney ensures your rights and your future are properly protected.  

How Are Disorderly Conduct Charges Currently Prosecuted?

Anyone who behaves in such a way as to disturb the peace can be charged with disorderly conduct, even though you do not need to actually "disturb" anyone to receive a disorderly conduct charge. Disorderly conduct is currently classified as a Class B misdemeanor and can be punished by up to 90 days in jail and a $1,000 fine.

Speech alone can result in a disorderly conduct charge but must usually be combined with a purposeful intent to cause a disturbance. If a person is unable to post bail for a disorderly conduct charge, he or she will be required to stay in jail until a hearing is set.   

How Is Marijuana Possession Currently Prosecuted?

Marijuana possession in the state is currently prosecuted harshly. A first-time conviction for possession of marijuana is a misdemeanor and can result in up to six months in jail and a fine as high as $1,000. A second or subsequent conviction for possession of marijuana is a felony that can result in up to three and a half years in prison and a fine as high as $10,000.

Every drug conviction in Wisconsin will also include a suspension of the individual’s driving privileges for up to five years. College students charged with a drug offense risk losing federal student aid. A drug offense occurring within 1,000 feet of a school, school bus, public park, or certain other buildings could include 100 hours of community service in addition to other penalties.  

Contact a Waukesha County, WI Criminal Defense Attorney

If you are facing criminal charges, whether misdemeanor or felony, it is important that you have an experienced Milwaukee County, WI criminal defense lawyer from Bucher Law Group, LLC by your side. Attorney Bucher spent two decades as the Waukesha County District Attorney, which gives him a unique perspective when defending criminal charges.

After litigating some of Wisconsin's most high-profile, complex cases, Attorney Bucher is imminently prepared to help you through this difficult time. Call 262-303-4916 to schedule your free consultation.