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Possession of marijuana can range from a non-criminal civil citation to a felony offense. It carries a fine of at least $500 and up to $10,000, and you can face jail or prison time from 6 months to 6 years or more. The level of offense of your possession of marijuana charge will depend on your prior record, the amount of drugs you are found with, and whether you are believed to have the intent to distribute the drugs.

First offense THC possession (without intent to distribute) is a misdemeanor in Wisconsin and can be penalized by a $1000 fine and 6 months in jail. A second offense is a Class I felony, as are any subsequent possession offenses, with or without intent to sell. Penalties range from $10,000 to $50,000 fines and 3.5 to 15 years in prison.

Penalties for possession with intent to deliver marijuana vary depending on the amount of THC found in Waukesha.  

  • Less than 200 grams is a Class I felony carrying a maximum of three and a half years in prison and up to a $10,000 fine or both.  
  • More than 200 grams to 1.000 grams is a Class H felony with a potential sentence of up to six years in prison and a $10,000 fine.  
  • More than 1,000 grams up to 2,500 grams carries up to 10 years in prison and a $25,000 fine, and is a Class G felony.
  • More than 2,500 grams up to 10,000 grams is a Class F felony with a maximum sentence of 12.5 years in prison and a $25,000 fine.
  • More than 10,000 grams carries a maximum penalty of 15 years in prison, a $50,000 fine and is a Class E felony.

THC Possession Laws in Wisconsin

Possession of marijuana requires that you be found in possession of a substance that contains THC. THC can be in any form ranging from marijuana bud, joints, edibles, wax, or even vape cartridges. Various forms of THC have become so normalized, you may even wonder "Are dab pens illegal in Wisconsin?"

If you have never been charged with possession of marijuana, the police may choose to issue you a non-criminal civil citation for possession of THC. However, the police have the discretion to charge you with the criminal offense for possession of THC even if it is your first offense. Additionally, if you have a large quantity of THC, you are more likely to be charged with criminal possession rather than a civil citation.

If you have previously been convicted of possession of THC, or any other drug-related offense, the State can charge you with Possession of THC as a Second or Subsequent Offense. The law does not require that you were previously convicted of possession of THC. Any drug-related offense can be used as the basis for the second or subsequent charge.  Possession of THC as a Second or Subsequent /offense is a Class I felony that carries a maximum of three and a half years in prison, up to a $10,000 fine, or both.

You can also be charged with Possession with Intent to Deliver or Distribute THC if the State believes they can prove that you possessed the substance with the intent to sell or deliver the marijuana to another person. Possession with intent to distribute is often charged in a situation where the defendant has a large amount of THC, and is also found to be in possession of a scale, plastic baggies, or other commonly used items to package and sell marijuana. Large amounts of cash are often also used as evidence of possession with intent to deliver.

Many Wisconsin residents don’t realize you can also get a marijuana OWI for driving under the influence of THC.

If you’ve been charged with possession of THC, marijuana, or another controlled substance, schedule a free consultation with our award-winning Brookfield drug lawyer. Tom Grieve has a reputation for getting drug possession charges reduced or even dropped entirely. Discuss your options during a free initial consultation for THC possession and related charges like maintaining a drug trafficking place.

Contact our Waukesha THC possession lawyer for a free consultation.

How long is possession of THC on my record?

Any conviction for criminal possession of THC will remain on your record permanently unless a court grants expunction upon successful completion of your sentence. Not all criminal convictions are eligible for expunction, and expunction does not remove the conviction from your record. It makes the conviction more difficult to be found by the public.  Your conviction for possession of THC will remain on your criminal background check even if you are granted the expunction of the charge.  

Non-criminal citations for possession of THC will remain on your record permanently. Under current law, citations are not eligible for expunction. The only way to get possession of THC citation off your record is to avoid a conviction in the first place.

 

How to beat a possession of THC charge

Possession of THC charges often result from a search following a traffic stop of a vehicle. If you are charged with possession of THC following a traffic stop, there are a lot of potential defenses that can be used in your case. Our skilled and knowledgeable Waukesha attorneys can evaluate your case to determine if the traffic stop was legal, if the police legally seized you, and if the search of your vehicle can be suppressed. There may also be questions about Miranda rights violations if you gave a statement to the police.

Possession of THC can also be charged following the work of a confidential informant. In these cases, it can be possible to have evidence ruled inadmissible if the police did not follow the proper procedures in working with the confidential informant. Although entrapment defenses are rare, our Waukesha marijuana attorneys can review your case to determine if entrapment by the police is a defense for you.

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Tom Grieve, the firm's managing attorney and founder, is a former state prosecutor and is not the only ex-prosecutor at the firm. We love hiring attorneys from both sides of the wall to bring as many perspectives to fight your case as aggressively as possible. The State of Wisconsin likes it when you choose the run-of-the-mill fee to plea™ lawyers who don't even know how to analyze and defend cases instead of experienced criminal attorneys:

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