Possible Outcomes for Marijuana Possession Cases in Wisconsin

Is marijuana legal in Wisconsin?

The public debate over marijuana possession shows that many people across the country have relaxed their views concerning recreational marijuana. Some states have legalized marijuana for recreational purposes. Wisconsin lawmakers have not directly legalized pot for recreational use, but 11 states and D.C. have legalized marijuana recreationally; 9 states have pushed for legalization through statewide ballot measures, and 2 states through state legislatures. Additionally, 33 states have passed laws decriminalizing medical marijuana or legalizing it in some instances.

However, as of 2020, state lawmakers have not acted to legalize marijuana.

What are Wisconsin’s possession charges?

An initial charge for possession of marijuana is a misdemeanor that carries up to six months in jail. On charges that occur after the first conviction, the charge is upgraded to a Class I felony. This charge is associated with up to three years and six months in prison.

Legalization of marijuana

Many people are anxiously awaiting new additions to the list of states that are decriminalizing marijuana. Wisconsin is not one of the states that have done this yet. In fact, this state still has some fairly harsh penalties when it comes to marijuana-related charges.

Wisconsin still views marijuana as a Schedule I drug, which is how the substance is viewed by federal law. This is one reason why the laws against it are so harsh. You face incarceration and fines on all convictions related to marijuana. Here are some of the penalties.

What is Wisconsin’s sale of marijuana charges?

All charges related to the sale of marijuana are felony charges. The exact felony classification is determined by the amount of the drug you are said to have sold. Other enhancements, such as selling near a school can lead to harsher penalties.

  • Class I felony: 200 grams or less or four plants: up to three years and six months in prison
  • Class H felony: 200 grams to 1 kilogram or 4 to 20 plants: up to six years in prison
  • Class G felony: 1 to 2.5 kilograms or 20 to 50 plants: up to 10 years in prison
  • Class F felony: 2.5 to 10 kilograms: up to 12 years and six months in prison
  • Class E felony: more than 10 kilograms: up to 15 years in prison

Wisconsin doesn’t have special laws for the trafficking of marijuana. Instead, the state will use the appropriate sale of marijuana charges.

Drug Treatment Court in Milwaukee

People who are facing marijuana charges without any violent charges might be eligible to participate in the Drug Treatment Court. This program is meant to help drug addicts address the addiction while remaining under the supervision of the court. This is an effective strategy that has been shown the reduce recidivism or the return of offenders into the criminal justice system after a previous conviction.

If you are facing drug charges in Milwaukee, you need to get to work on a defense right away. Waiting until the last minute won’t allow you time to explore all of the options available. This could mean that you miss something vital that could help you, so get started right away.

Was marijuana on the ballot for the 2020 Wisconsin election?

There was no referendum on the Milwaukee County Ballot for November 2020.

Until a referendum, pot use is still illegal. Under Wisconsin state law, a conviction for a first-time marijuana possession charge brings the possibility of a lofty fine up to $1,000. Current state law allows judges to sentence a person to jail for up to six months. A conviction could slap an accused with just one or both of these consequences.

A second offense for marijuana conviction is more severe. Prosecutors may seek a felony charge for a repeat offender. The penalties may include a fine up to $10,000 and/or up to three-and-a-half years in a cell.

Milwaukee and Madison already have specific ordinances that make possession of a small amount of pot for personal use a civil violation, instead of a crime. However, there are federal law and state laws that continue to make marijuana possession a crime.


Have you been charged with possession or use of marijuana in Milwaukee County? Contact Levine Law.

See our Drug Crimes legal service page to get help now!

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