Possession of THC & The Laws in Wisconsin

Marijuana legalization seems like it's constantly in the news these days. Nine states (at the time of this article's posting) -- Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, Vermont and Washington plus the District of Columbia -- have legalized it for recreational use; and more states seem to be headed in that direction. However, the laws of other states do not apply to your own. "But it's legal in California!" is not a legal defense for possession in the state of Wisconsin. As of now, it is still a crime to possess THC because it's considered a Schedule I Controlled Substance alongside heroin, LSD and cocaine. Generally speaking, marijuana possession convictions are less severe than other Schedule I drugs, but it still has potential for significant penalties -- especially for repeat offenders.

"Possession" Defined
To prove possession in Wisconsin, it must be proven beyond reasonable doubt that the accused:

• Knows the offending substance is an illegal, controlled substance
  
• Knowingly has the drug on their person
  
• Is in physical control of the drug (meaning they have access to it and ensures that the accused is held responsible if it's found in a car, home, etc.)
  

Additionally, "joint possession" is a term that indicates multiple people have physical control of the drug. For instance, if marijuana is found in a car with multiple people in it, everyone in the car could be charged since everybody in the car has potential control over the drug.

What Are the Penalties for THC Possession In Wisconsin?
For first-time convictions, THC possession considered a misdemeanor. “The person may be fined not more than $1,000 or imprisoned for not more than 6 months or both upon a first conviction." (Wisconsin Legislature).

With repeat offenses come harsher penalties and an upgrade from misdemeanor to a Class I Felony. Each subsequent conviction carries with it a maximum of $10,000 in fines and up to 3.5 years in prison.

Other things to note:

• Any drug conviction carries a possible 5-year driving privilege suspension
  
• College students found guilty of drug possession risk losing federal student loans and grants
  
• If THC is found during a traffic stop, the accused may be subject to an OWI (Operating While Intoxicated) investigation and possible charges
  
• Those found guilty of THC possession within 1,000 feet of a school or public park may have to complete 100 hours of community service
  

Penalties Intensify if Intent to Sell Is Proven
Wisconsin drug laws dictate that if the accused intended to sell or distribute THC, they are automatically charged with a felony. Punishments are dependent on the amount:

• 200 grams or less: Class I felony; max. $10,000 fine and/or 3 years, 6 months of imprisonment
  
• 200-1,000 grams: Class H felony; max. $10,000 fine and/or 6 years in prison
  
• 1,000-2500 grams: Class G felony; max. $25,000 fine and/or 10 years in prison
  
• 2,500-10,000 grams: Class F felony; max. $25,000 fine and/or 12 years in prison
  
• 10,000+ grams: Class E felony; mx. $50,000 fine and/or 15 years in prison
  

As former prosecutors, we know the strategies used by the State and work aggressively on behalf of our clients to ensure their rights are secure. With law offices in Wisconsin Dells, we serve clients throughout Central Wisconsin and can help you whether you are a resident of the state or just visiting.

The sooner our attorneys can start working on your behalf, the better chance you have of obtaining a favorable result. To arrange your free initial consultation, please contact our law offices online or by telephone at 608-254-9589.

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