Marijuana Crimes A “High” Priority for Wisconsin Law Enforcement

Wisconsin’s marijuana laws differ from neighboring states. Thirty-nine states, including nearby Iowa and Minnesota, have legalized marijuana use to some extent. Returning home to Wisconsin from a visit to a recreational dispensary in Illinois, however, could cost you much more than the going rate for an eighth. 

Marijuana possession is illegal in Wisconsin and harshly prosecuted. If the police catch you with marijuana, you could be facing up to 42 months in prison and thousands of dollars in fines if convicted. 

Marijuana Is a Schedule I Drug In Wisconsin

State marijuana laws are constantly in flux. For example, in Wisconsin, marijuana is classified as a Schedule I hallucinogenic substance. This means that marijuana possession charges are taken just as seriously by the prosecution as other Schedule I drug charges, including heroin, LSD, and ecstasy. 

Because weed in any form is a Schedule I drug, both medical and recreational marijuana use and distribution are currently illegal in Wisconsin. Even if you have a valid med card from another state, bringing marijuana to Wisconsin could result in significant legal trouble. 

Marijuana-Related Crimes and Penalties

Wisconsin is harsh on drug crimes, and marijuana possession and distribution are no exception. If you are charged with a marijuana-related crime, an expert drug crime attorney may be able to help you avoid the following escalating penalties:

• First-time marijuana possession offense: Misdemeanor, up to 6 months in jail, up to $1000 in fines, up to 5 year suspension of driving privileges.
• Subsequent marijuana possession offenses: Felony, up to 3.5 years in prison, up to $10,000 in fines, up to 5 year suspension of driving privileges.
• Possession with intent to sell, deliver, or otherwise distribute marijuana: Felony penalties range from 3.5 years in prison and $10,000 in fines to 15 years in prison and up to $50,000 in fines depending on the amount of marijuana.
• Cultivation of marijuana plants: Felony penalties range from 3.5 years in prison and $10,000 in fines for 4 plants or fewer to up to 15 years in prison and $50,000 in fines for more than 200 plants.
• Use or possession of paraphernalia, including bowls, bongs, etc.: Misdemeanor, up to 30 days in jail, $500 in fines.
• Sale or distribution of paraphernalia: Misdemeanor, up to 90 days in jail, $1,000 in fines.
• Selling paraphernalia to a minor: Misdemeanor, up to 9 months in jail, $10,000.

Aggressive Drug Crime Prosecution Requires Aggressive Defense

Your lawyer may be able to show that the arresting officer lacked valid probable cause to stop you before the initial arrest if unlawful search and seizure was committed, or demonstrate to the prosecution that the seized drugs did not belong to you to see that your charges are reduced or dismissed. 

If charged with a marijuana-related crime, the stakes are too high to tackle the charges alone. Contact Cohen Law Offices to discuss your situation with an experienced criminal defense attorney.