Is Possession of Marijuana Illegal in Wisconsin?

 Posted on February 23, 2024 in Criminal Defense

In Wisconsin and throughout the United States, the legalization of marijuana has been a hot topic over the past several years. Despite a growing trend towards legalization in many states, including the neighboring states of Illinois, Michigan, and Minnesota, Wisconsin law continues to enforce restrictions on the possession and use of marijuana.

By understanding what substances or products could lead to drug possession charges and the potential penalties of a conviction, those who have been arrested for marijuana-related crimes can determine their best options for defense. In these situations, legal representation from an experienced attorney can be crucial. A lawyer with a strong understanding of Wisconsin’s marijuana laws can provide guidance on how to resolve a criminal case successfully.

Marijuana Possession Offenses Under Wisconsin Law

In Wisconsin, the possession of marijuana is illegal. The state’s laws do not allow marijuana to be prescribed for medical purposes, and recreational use is also prohibited. Wisconsin law categorizes marijuana as a Schedule I controlled substance, which means that it is treated as if it has no accepted medical uses and is likely to result in addictions and drug abuse. Possession of any form of marijuana, including substances purchased legally in another state and brought to Wisconsin, can lead to criminal charges for drug possession.

Types of Substances That Can Lead to Marijuana Possession Charges

Marijuana comes in many forms, all of which can lead to drug charges in Wisconsin:

• Raw plant material: This is the most common form of marijuana, involving the dried leaves and flowers of the cannabis plant.

• Concentrates: These may include substances such as oils or waxes, including products consumed through “vaping.”

• Edibles: Products infused with cannabis may include baked goods, gummies, candies, or other items that can be eaten.

• THC-infused products: Any product containing tetrahydrocannabinol (THC), the psychoactive component of marijuana, is illegal to possess in Wisconsin. These may include creams, lotions, or candles.

Penalties for Marijuana Possession

The penalties that may apply if a person is convicted of possession of marijuana can vary depending on the circumstances of a case. In general, “simple” possession of marijuana will result in misdemeanor charges for a first offense, and the penalties may include a prison sentence of up to six months and fines of up to $1,000. A second offense, which involves the possession of marijuana after a previous conviction for any offenses related to controlled substances, is a Class I felony, and the penalties of a conviction could include a fine of up to $10,000 and/or imprisonment for up to 3.5 years.

Possession of marijuana or THC with the intent to distribute or deliver it to others or for the purposes of manufacturing products containing THC is a more serious offense. The specific charges and penalties will depend on the amount of marijuana in question:

• Less than 200 grams of THC or four marijuana plants: Class I felony

• More than 200 but less than 1,000 grams of THC or between five and 20 marijuana plants: Class H felony, with a maximum sentence of six years in jail and fines of up to $10,000

• More than 1,000 but less than 2,500 grams of THC or between 20 and 50 marijuana plants: Class G felony, with a maximum sentence of 10 years in jail and fines of up to $25,000

• More than 2,500 but less than 10,000 grams of THC or between 50 and 200 marijuana plants: Class F felony, with a maximum sentence of 12.5 years in jail and fines of up to $25,000

• More than 10,000 grams of THC or more than 200 marijuana plants: Class E felony, with a maximum sentence of 15 years in jail and fines of up to $50,000

Contact Our Jefferson County Marijuana Possession Lawyer

As the laws surrounding marijuana change, understanding when criminal charges may apply and what penalties may be appropriate following a conviction can be difficult. In situations involving drug possession charges or other marijuana-related drug crimes, it is essential to have knowledgeable legal representation. If you are facing drug charges, contact a Walworth County marijuana offenses attorney at Bucher Law Group, LLC to learn how we can help with your case. Call 262-303-4916 today to schedule a free consultation and get the representation you need as you defend against a conviction.