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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 from 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.

  • Possession of Marijuana Lawyer MilwaukeeFirst-offense marijuana possession in Wisconsin is charged as a misdemeanor, which carries a maximum fine of $1,000 and up to 6 months in jail.
  • Every subsequent conviction is considered a Class I felony with penalties up to $10,000 in fines and 3 years, 6 months of imprisonment.
  • Every 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 a criminal if you are charged with a crime™

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 out-of-state visitors where laws may not be the same.

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

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 considered “medical marijuana”.

While changes to Wisconsin marijuana laws are debated every year, for now marijuana possession in Wisconsin is a criminal offense.

Attempting to buy marijuana or substances containing THC carries the same penalties as possession of marijuana in Wisconsin.

THC is commonly extracted from the marijuana plant and used in many types of consumable products including foods. For the purposes of the law, possession of any of these items is equal to possession of marijuana plant products.

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Best Marijuana Possession Attorneys in Milwaukee

If you’ve been charged with marijuana possession in Milwaukee or elsewhere 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 firms in Milwaukee have 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 lawyer now to request your FREE legal consultation.