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Penalties for Marijuana Charges in Glendale or Whitefish Bay

If you receive a citation for marijuana in Whitefish Bay, the maximum possible penalties that you would face would be a fine only. It is very common to simultaneously be cited for possession of drug paraphernalia, which can also be a citation or a criminal charge. Possession of drug paraphernalia, however, comes with the possible suspension of your driving privileges for up to six months. This is very seldomly used as a penalty in a drug paraphernalia case, however, it exists in the law. 

If you are charged criminally with the personal possession of marijuana and/or drug paraphernalia in Glendale, it is a misdemeanor with maximum penalties of up to six months in jail and a $1000 fine. However, if you get charged a second time, meaning that you have been convicted of possessing marijuana in the past, a second and subsequent offense becomes a felony in Wisconsin. That felony, a Class I felony, comes with maximum penalties of 3 1/2 years in prison or a $10,000 fine or both. However, a felony conviction can have much more severe consequences, such as a lifetime label of being a felon, a lifetime of being unable to possess a firearm, as well as the loss of the right to vote until your civil rights are restored. 

If you possess a large enough amount of marijuana, you could be charged with what is called possession with intent to distribute. This means that you had too much to be considered personal use, and the conclusion could be made that you are dealing it and selling to other people. Depending on the amount of marijuana that you have, there can be various levels of felony charges. They range anywhere from a Class I felony to a Cass E felony depending on the amount of marijuana or number of plants you have. The various levels are as follows:

  • If you have less than 200 grams or less than four plants, this is a Class I felony.
  • If you have more than 200 grams, but less than 1000 grams, or between 4 and 20 plants, this is a Class H felony.
  • If you have more than 1000 grams, but less than 2500 grams, or anywhere between 20 and 50 plants, this is a Class G felony
  • If you have more than 2500 grams, but not more than 10,000 grams, or between 50 and two hundred plants, this is a Class E felony.

Marijuana Charges in Whitefish Bay or Glendale

In the last few years, we have seen marijuana become legal in almost every state surrounding Wisconsin. However, Wisconsin has not made it there quite yet. There are some municipalities where marijuana is decriminalized up to a certain amount, however that still does not mean that it is legal. Additionally, it is still illegal under federal law. There can be many ways that being in possession of marijuana or under the influence of marijuana can affect your criminal record in Glendale. 

Possession of marijuana is a very common charge. Possession of marijuana throughout Whitefish Bay can be charged either as a citation or as a criminal charge. A citation for the possession of marijuana is used most commonly when someone does not have any criminal history and the amount of marijuana that they have in their possession is a small, personal use amount. It is pretty well accepted in Wisconsin that an amount for personal use is anything under one ounce. However, most people have much less than that on their person when they are caught. 

When someone is charged with possession of a large amount of marijuana or marijuana growing supplies, you will likely also be charged with what is known as maintaining a drug trafficking place. While this is a misdemeanor, it is important to remember that it is usually accompanying pretty serious drug charges.

In addition to possessing with intent to deliver, you could also get charged with actually delivering (or dealing) that marijuana to another person. So, while it may be a personal use amount that you have on you, the fact that you are selling it to someone else is also illegal. It is common for these charges to arise after a controlled buy with a confidential informant or undercover cop looking to buy marijuana from you. These are also felony charges; and similar to the possession with intent, the amount you are delivering can give you a certain level felony.

Another way you can get in trouble with marijuana is by driving under the influence. In Wisconsin, there is no set legal limit like alcohol because the state has not legalized marijuana like some other states. Wisconsin has a zero-tolerance law for driving under the influence of marijuana and other illegal drugs. This means that any amount of marijuana in your system can land you with an OWI on your record, whether you are under the influence or not. This is very different from an alcohol OWI because there are legal limits and measured amounts that make someone impaired. However, with marijuana, if there is proof that you had marijuana in your system at the time that you were driving, you can be charged with an OWI.



How long does a marijuana charge stay on your record?

Long story short, forever. If you are given a citation only, it is not something that you can expunge because it is not a criminal offense in Glendale. Then, even if it is expungable, it never actually falls off your record. Your conviction is just sealed. If it is a felony offense, that felony will never come off your record.

How to beat marijuana charges in Wisconsin

Marijuana laws are tricky and strict in Wisconsin and you need an attorney experienced in all of these types of cases to assist you through the defense of your marijuana case. There are always many constitutional issues to review to see if your charges can be reduced or even dismissed. Contact the Whitefish Bay lawyers at Grieve Law today.

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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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