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.
To prove possession in Wisconsin, it must be proven beyond reasonable doubt that the accused:
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:
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:
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.
Southworth & Stamman, LLC.