Although it appears legal everywhere, possession of marijuana nevertheless results in prosecution in WI. Click to learn about THC possession penalties.

Getting charged with possession of marijuana might sound like small beans in a country where 38 states currently have medical marijuana programs. But a drug offense is still a big deal in states like Wisconsin.

In Wisconsin possession and distribution of the cannabis plant remains shrouded in legal consequences. This is despite the fact that 80 percent of Wisconsin residents support the legalization of medical marijuana.

A marijuana conviction in Wisconsin carries significant consequences. Hefty fines and jail time are just the beginning. It’s crucial that you understand exactly what these charges mean.

Keep reading to find out what to expect from your first possession of marijuana charge and how to avoid a conviction.

Wisconsin Cannabis Laws: What You Need to Know

The first step to avoiding a possession of marijuana conviction is to become familiar with Wisconsin marijuana laws. Neither recreational marijuana use nor medical marijuana use is currently legal in Wisconsin.

However, there may be a small shred of hope for the possibility of legalizing medical cannabis in the future. Green Bay, for example, recently lowered its fines for marijuana possession.

In addition, it is legal to purchase CBD and medical marijuana that does not contain THC or produce psychoactive effects as long as patients have a letter from their doctor.

Governor Tony Evers has proposed legalization and decriminalization of marijuana in multiple state budget plans over the years. But, Republican lawmakers who control the state have historically rejected such proposals.

On April 18, the GOP held a public hearing about a proposed bill to create a state-run medical marijuana program.

However, the hearing took place several weeks after Republican lawmakers ended the year’s legislative work. Thus, the bill never had a chance of passing this year.

Democrats have accused the Republican authors of this bill of using it as a political ploy to gain support in an election year.

What Are the Penalties for First-Time Possession of Marijuana Offenders?

Wisconsin’s penalties for first-time possession of marijuana tend to be harsher than in surrounding states. In Minnesota, possessing less than 42.5 grams is a petty misdemeanor that comes with a small fine and no jail time.

Here’s what you need to know about the penalties for marijuana possession, paraphernalia, and intent to distribute in Wisconsin.

Possession

The penalty for first-time marijuana possession (less than 200 grams) is a misdemeanor charge. It can carry a penalty of up to six months in jail plus a $1000 fine.

This applies to marijuana in the form of flower, waxes, oils, edibles, dabs, or any other source of THC.

You can also expect to lose your driving privileges for up to five years. For college students, possession of marijuana convictions can jeopardize their ability to qualify for financial aid.

In the event you’re found guilty of possessing marijuana within 1000 feet of a school or community park, you may have to serve up to 100 hours of community service as well.

If it isn’t your first offense for possession of marijuana, you could be facing a felony charge, multiple years in jail, and a fine of up to $10,000.

Paraphernalia

Getting convicted of possession of drug paraphernalia is not as severe as getting charged with possession of marijuana. This charge comes with a maximum sentence of 30 days in jail and a fine of $500.

However, if you sell drug paraphernalia to a minor you will be facing a much harsher sentence. Expect up to nine months in jail and a fine as high as $10,000.

Intent to Distribute

Anyone found with 1,000 grams or more of cannabis faces a Class G felony for intent to distribute. This conviction comes with fines of up to $25,000 and up to a 10-year prison sentence. 

Best Defense Strategies to Beat Marijuana Possession Charges in Wisconsin

Wisconsin drug possession lawyers use three main defense strategies to beat marijuana possession charges. These include unlawful search and seizure, lack of probable cause, and lack of proof.

Unlawful Search and Seizure

Unlawful search and seizures occur when a police officer engages in the search of a vehicle or a private residence without the consent of the owner.

If a controlled substance gets discovered during the course of an unlawful search, the police cannot use the substance as evidence in court.

Lack of Probable Cause

In order to stop a person who is walking or driving, police need probable cause. A traffic stop is illegal if police pull you over when you haven’t committed a traffic violation.

Lack of Proof

In order to convict a person of possession of marijuana, the prosecution needs evidence.

If there is limited evidence to suggest you were in possession of a controlled substance at the time of your arrest, there is a higher probability of your charges getting dropped.

Benefits of Hiring a Drug Possession Lawyer

Under Wisconsin criminal defense law, possession of marijuana is a significant charge that comes with significant and damaging penalties.

These penalties can include a prison sentence, hefty fines, damage to your reputation, and the loss of your voting rights. In essence, a drug conviction can set your life on a downward path.

Still, it is important to remember that getting charged with possession of marijuana is not the same as a conviction. When you are charged with a crime, you have a right to due process.

The court has to prove that you deserve to be convicted of the charges against you. Therefore, it is in your best interest to hire a drug possession lawyer who knows how to fight these charges.

How to Get the Most Out of Your Wisconsin Criminal Defense Law Firm

It is imperative that you look for a lawyer with experience specific to your charges. If you’re charged with possession of marijuana, you want a lawyer who knows Wisconsin marijuana laws like the back of their hand.

You also want a lawyer with significant experience trying cases in court. A rookie won’t do in circumstances where your future is on the line.

Overall, find a lawyer who is someone you can trust. Meet them in person to determine whether you get a good vibe from them. A good lawyer is respectful, a good listener, and easy to reach when you need them.

What to Expect From Your First Possession of Marijuana Offense in Wisconsin

Possession of marijuana is a significant crime in Wisconsin. It can result in large fines, the possibility of jail time, community service, and loss of driving privileges.

A drug conviction on your record can have major negative impacts on your life. It is important to get the help you need to beat these charges. Contact Patton Law Office for a free consultation about your case today.