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What Are the Penalties for Marijuana Possession?

Michael Cohen • December 24, 2020
Bundle of Cash — Eau Claire, WI — Cohen Law Offices
Despite the strong push of marijuana legalization throughout the country, many prosecutors in Wisconsin continue to pursue criminal charges and convictions for marijuana possession. The potential penalties upon conviction for marijuana possession depend largely upon the quantity of marijuana that is found in your possession. However, potential penalties upon conviction can still include jail time, large monetary fines, and probation. 

If you face a criminal charge for marijuana possession, it is important that you seek legal help as quickly as possible. The knowledgeable criminal defense attorneys at Cohen Law Offices can examine the circumstances of your criminal charge and help you determine what, if any, defenses might be available to you. We can also safeguard your legal rights while your criminal case is pending and help you pursue the best possible result in your case, whether that be taking your case to trial or pursuing a favorable plea deal with the state prosecutor. 

What Is Marijuana Possession?

An individual could be charged with marijuana possession if marijuana is found somewhere directly on their person, such as in a coat pocket. A person may also be charged with marijuana possession if marijuana is found in their immediate vicinity or area of reach, such as in the back seat or glove compartment of a motor vehicle that the person is operating.

Potential Penalties for Marijuana Possession in Wisconsin

In order to be found guilty or convicted of marijuana possession in Wisconsin, the state prosecutor who is handling your case has the legal burden of proof. Specifically, the prosecutor must demonstrate that you are guilty of the underlying charge beyond a reasonable doubt. If the prosecutor successfully meets their legal burden, it will then be up to a judge to pass sentence in your case. 


A conviction for marijuana possession can lead to misdemeanor penalties, including a maximum of six months of incarceration, along with a maximum monetary fine of $1,000. If you are convicted of a second marijuana possession offense, you could face Class I felony penalties, including incarceration in excess of one year. 


It is also important to keep in mind that these penalties are for marijuana possession only. Individuals who possess marijuana can also be charged with the sale, manufacture, possession of marijuana with the intent to distribute, or possession of drug paraphernalia. A conviction for any of these offenses can carry additional criminal penalties upon conviction. 

Call a Skilled Criminal Defense Attorney Today

If you face marijuana possession charges, it is important to have legal counsel on your side throughout every stage of your criminal case. Call Cohen Law Offices at (715) 514-5051 or contact us online for a free legal consultation and case evaluation with an experienced criminal defense lawyer. We’ll help you defend against your marijuana possession charge, safeguard your rights, and explain all of your available legal options.

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