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Wisconsin Marijuana Laws
Wisconsin takes part in Conditional Release, which allows first-time offenders to avoid trial by opting for probation instead. Successful completion of probation will prevent the charge from ever being listed on the individuals’ criminal record. However, any individual who is convicted for a marijuana-related offense in the state of Wisconsin will have their driver’s license suspended for a period of 6 months to 5 years.
The following conditions can lengthen any sentence by a period of an additional 5 years, including sale to a minor who is 3 years or more younger than the seller (who is over age 17), sale of marijuana on a public transit vehicle, sale of marijuana with 1000 ft of a school or school bus, or at a public pool, youth center, treatment facility, community center, public park, jail, or public housing project.
In 2002, the state of Wisconsin arrested 17,322 individuals for marijuana-related offenses, totaling nearly 4% of the statewide arrests for that year. Of these arrests, only 2,465 were due to marijuana sales, while 14,857 were due to the possession of marijuana. In addition, the DEA estimates a yearly marijuana crop of 46,508 lbs is grown within the state. At retail market value, this crop is estimated to be worth between $197 million dollars and $316 million dollars.
Medical Marijuana Users
The state of Wisconsin does not consider marijuana as a medicinal drug, and no individual will be granted marijuana possession for this reason. Any person found possessing marijuana, who claims it is for medicinal purposes, will face criminal possession charges.
Non-Medical Users:
Because Wisconsin does not view marijuana as a medicinal drug, all marijuana users are considered recreational, or non-medical, users. Recreational marijuana users found in possession of marijuana will be processed and penalized under the following crimes and conditions:
Penalties for Marijuana Use in Wisconsin:
Possession:
|
Possession of any amount as a first offense |
Misdemeanor |
Penalties include incarceration for a period of up to 6 months with a fine of $500 |
|
Possession of any amount as a repeat offense |
Felony |
Penalties include incarceration for a period of up to 2 years with a fine of $2,000 |
Selling Marijuana:
|
Possession of no more than 200 g or between 1 to 4 plants |
Felony |
Penalties include incarceration for a period of up to 3.5 years with a fine of $10,000 |
|
Possession of between 200 g to 1,000 g or 5 to 20 plants |
Felony |
Penalties include incarceration for a period of up to 6 years with a fine of $10,000 |
|
Possession of between 1,000 g to 2,000 g or 21 to 50 plants |
Felony |
Penalties include incarceration for a period of up to 10 years with a fine of $25,000 |
|
Possession of between 2,500 g to 10,000 g or 51 to 200 plants |
Felony |
Penalties include incarceration for a period of up to 12.5 years with a fine of $25,000 |
|
Possession of greater than 10,000 g or 200 plants |
Felony |
Penalties include incarceration for a period of up to 15 years with a fine of $25,000 |
Marijuana Paraphernalia Charges:
|
Possession of paraphernalia |
Misdemeanor |
Penalties include incarceration for a period of up to 30 days with a fine of $500 |
|
Sale of paraphernalia |
Misdemeanor |
Penalties include incarceration for a period of up to 90 days with a fine of $1,000 |
|
Sale of paraphernalia to a minor |
Misdemeanor |
Penalties include incarceration for a period of up to 9 months with a fine of $10,000 |
Penalties for Driving Under the Influence of Marijuana
In January of 2004, Wisconsin enacted a zero tolerance law for Driving Under the Influence of Drugs (DUID). This law specifically states that individuals with any trace of cannabis in their system while operating a motor vehicle can be arrested and charged to the full extent of the DUID law. However, cannabis metabolites (drugs partly made or containing traces of cannabis) are not included under this law.
Legal Help with a Marijuana Offense
Individuals who are seeking legal counsel for a marijuana-related offense should search for a marijuana lawyer or marijuana attorney from the state of Wisconsin. A Wisconsin marijuana lawyer or attorney will be up-to-date on the trends and recent activity in marijuana law, and will be better able to provide defense against a marijuana-based charge. Because there are no mandatory minimum sentences for marijuana crimes in Wisconsin, a marijuana attorney should be able to attain reasonably lenient sentences for the defendant that they might not have otherwise been able to achieve.