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You are only guilty if you are convicted in Wisconsin

Penalties for THC Possession in Wisconsin

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Penalties for Marijuana Possession in Wisconsin

Sentences for marijuana possession convictions are generally more lenient than other Schedule I controlled substances, but penalties for marijuana possession in Wisconsin are still sizable and carry damaging repercussions.




Max. Fine

Any Amount (First Offense) Misdemeanor 6 Months $1,000
Any Amount (Subsequent Offense) Felony 3.5 Years $10,000
  • Possession of Marijuana Lawyer MilwaukeeEvery drug conviction in the state also includes suspension of driving privileges for up to 5 years.
  • College students who are charged with drug possession in Wisconsin risk losing federal student aid, including grants and loans.
  • If the drug possession offense occurred within 1,000 feet of a school, public park, school bus or certain other buildings, you may be required to complete 100 hours of community service in addition to serving the terms of the other penalties.
  • You could face further charges if the marijuana drug possession offense occurred while you were operating a motor vehicle (OWI) or if you were in illegal possession of a firearm at the time of arrest.


You Are Not Guilty Until You Are Convicted™

Milwaukee Drug Possession Lawyer Explains the Consequences of Marijuana Possession

While laws prohibiting the sale or consumption of marijuana have been relaxing around the country, possession of marijuana in Wisconsin and substances containing any amount of THC (the active ingredient in marijuana) remain illegal for any purpose.

Even marijuana which has been legally prescribed in a state which allows medical marijuana becomes contraband in Wisconsin.

Under the Wisconsin Controlled Substances Act, THC is considered a Schedule I Controlled Substance in the same category as LSD, heroin and PCP. Schedule I substances are considered under the law to have no accepted medical application, regardless of out-of-state prescription orders.

These distinctions are especially important for visitors from states where the laws are more lenient.

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Isn’t Limited Medical Marijuana Legal in Wisconsin?Drug Possession Lawyer Milwaukee WI

Not yet. In April 2014, Governor Scott Walker signed a law which made a certain children’s seizure treatment containing cannabidiol legal in the state. Cannabidiol is a derivative of marijuana, but it contains very low levels of THC. Cannabidiol is not even considered “medical marijuana.”

While changes to Wisconsin marijuana laws are debated every year, for now marijuana or THC possession in any form in Wisconsin is a criminal offense. Attempting to buy marijuana or substances containing THC carries the same penalties as possession of marijuana in Wisconsin.

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Experienced Marijuana Possession Attorneys in Milwaukee

If you’ve been charged with marijuana possession in Milwaukee or anywhere else in Wisconsin, you need a criminal defense attorney with a nuanced understanding of controlled substance laws. As a former state criminal prosecutor and current Milwaukee criminal defense attorney, Tom Grieve knows the intricacies of drug offenses from both sides.

No other criminal defense law firm in Milwaukee has a better track record defending clients against marijuana possession charges and other drug charges, such as intent to distribute marijuana and keeping a drug house in Wisconsin. Even if this is not your first drug offense, Tom Grieve is the best chance you have at getting the charges against you reduced or dropped entirely.

Contact our Milwaukee drug possession lawyers now to request a FREE legal consultation.

By: Attorney Tom Grieve on 03/06/2020

Tom Grieve is a former prosecutor who now runs a successful Wisconsin criminal defense law firm with offices in Milwaukee, Waukesha and Madison. If are facing new charges initial phone consultations are free: contact online or call 262-786-7100.

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